- ... says LSL must report fraudster lawyer Thejane to the police
- ...accuses it of protecting crooked lawyer
- ...says he wishes defrauded client could sue
- ...and cite LSL as respondents for failing to protect her
CHIEF Justice Sakoane Sakoane has launched a broadside at the Law Society of Lesotho (LSL) for failing to report fraudster lawyer, Advocate Thejane Thejane, to the police for stealing his client's money.
Instead, the head of the judiciary accused the LSL of "pretending" to be assisting Adv Thejane's client by instituting a lawsuit against the lawyer, when the theft was a criminal and not a civil matter.
This after Adv Thejane is alleged to have defrauded his client, Matsepang Setala, of M262 000.
The funds were part of a M350 000 settlement paid to Ms Setala by the Lesotho National General Insurance Company Limited, General Insurance, in lieu of a road accident compensation claim.
The insurance company had reached a settlement with Ms Setala in March this year and deposited the funds into the Thejane Chambers Trust account on May 14 2024.
Two months later, when Ms Setala checked with Adv Thejane, he told her that he was yet to receive the funds and that it would take time.
Unconvinced, Ms Setala approached the insurance company, which two days later, informed her that the funds had been deposited into her lawyer's account in May. It was then that she approached the LSL for intervention.
LSL immediately approached the courts and successfully secured an order freezing Adv Thejane's Nedbank Account.
However, Justice Sakoane has advised LSL to stop "dancing to the gallery" in the process giving Ms Setala false hopes. Instead, the LSL should withdraw the matter from the courts and report Adv Thejane to the police for criminal prosecution.
Justice Sakoane made the remarks as he prepared to hear a case wherein the LSL had petitioned his court seeking an interdict stopping Adv Thejane from using the funds he allegedly stole from a client.
However, according to the bank statements submitted to the court, the said account no longer had money as it only had a balance of M4.92 on 22 July 2024.
LSL had also filed an interim application seeking the court to order Adv Thejane to desist from using the funds.
But when the matter was supposed to start on Monday, Justice Sakoane expressed his disapproval of how the LSL had gone about the matter.
If they were serious about holding Adv Thejane to account for the alleged theft, the LSL should have reported him to the police, he said.
"You want me to instruct a thief to stop using the money they have stolen? Maybe you have forgotten that the Law Society is formed under an Act of Parliament and the law gives you authority to take action against rogue lawyers to protect the nation...," Justice Sakoane said.
"Now when you are supposed to take action against Thejane, as the law accords you, you do not report the matter to the police so that he gets arrested, you come to court?" a visibly irked Justice Sakoane quipped.
Justice Sakoane continued to unleash venom on the LSL, saying that he despised their pretensions of acting as though they were protecting Ms Setala, when in fact they were playing to the gallery "to protect your member".
He said he wished Ms Setala would institute a court case citing LSL as one of the respondents as they had failed to protect her.
"You come here pretending as if you are protecting this poor woman and playing for the gallery when in fact you are protecting your member. I hope this woman sues you together with that lawyer (Thejane) because you have failed to protect her through the powers bestowed upon you by the parliament. You have instead put her into more costs of coming to court," continued Justice Sakoane.
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Justice Sakoane said it was about time that Basotho witnessed scoundrel lawyers being taken to task.
He said if LSL Counsel, Adv Boitumelo Molefi, did not withdraw their case, he would issue a damning judgment against them.
"It is about time that Basotho witnessed rogue lawyers being arrested and taken to task. Counsel, I don't know what you want to do with this weak case. But if you don't withdraw it yourself, I am telling you, I am going to dismiss it and give out a damning judgement," concluded Justice Sakoane, leaving Adv Molefi with no other option but to withdraw the application.
