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Featured attorney Tumi Mokwena.
Joshua Sebola, Getty Images
- Tumi Mokwena, who previously represented EFF leader Julius Malema, has lost another round in court.
- The Superior Court has previously ordered the liquidation of the law firm of Mokwena, TM Inc.
- The matter arises from a challenge from two entrepreneurs who lost R1.5 million that they deposited in Mokwena in 2012.
The Limpopo High Court has dismissed three other lawsuits filed by Polokwane’s attorney, Tumi Mokwena, with costs, in connection with a previous final liquidation order from his law firm.
All three requests were simultaneously evaluated by Acting Judge M Naude, who, in his view, was scathing towards Mokwena and his law firm, Tumi Mokwena Inc (TMI) for “their abuse of the judicial process and the unnecessary delay of matters. .. “
Mokwena requested the suspension of the liquidation order, the rescission of the order and the authorization to appeal the liquidation order of his law firm.
At sentencing, Naude said: “It is clear that TMI was unable to pay its debts.
“TMI’s inability to pay its debts was personally confirmed by Mokwena when the execution order was served and no seizable property was found or noted to satisfy the judgment debt. Mokwena personally signed the not good certificate dated April 2, 2019 confirming TMI’s inability to satisfy its debts “.
The matter dates back to August 2012, when Majola Trust, represented by businessmen Sthembiso Bosch and Xolile Bosch, filed a complaint with the former Law Society of the Northern Provinces about 1.5 million rand deposited in the trust account of TMI.
The money was for TMI to facilitate the purchase of a property, but the company did not. TMI also did not return the money despite a settlement agreement that was also made a court order.
READ ALSO | Malema lawyer file in liquidation
On December 12, 2019, after a lengthy legal process initiated by the Majola Trust, the Limpopo High Court issued a final liquidation order for TMI.
Mokwena then filed an application arguing that he only found out about the liquidation order through a friend of hers who was in court on December 12, 2019. He only got the order from the court recorder the next day.
He also maintained that his registered attorney, Floyd Legodi of Legodi Attorneys, withdrew from the process at the last minute.
On this, Naude said: “Considering that Mokwena is a legal practitioner of this court, I find his version and / or presentations in this regard highly unlikely.”
He dealt extensively with the matter on the basis of the law and also referred to several case studies.
Naude continued: “I am of the opinion that this court should show its displeasure at the conduct of Mokwena and / or TMI, their abuse of the judicial process and the unnecessary delay of matters by awarding costs as requested by the Majola Trust ….”
He awarded the costs on a bonis propriis basis, which means that the costs must be borne by Mokwena personally and not by TMI.
Mokwena told News24 that he would appeal the decision. He was reluctant to elaborate.
The high-flying attorney, who once represented EFF leader Julius Malema, previously said that he used money from Bosch entrepreneurs to start a joint venture, known as TM Performing Arts Management, with the two men.
He said the money was mistakenly deposited into his trust account.
At that moment, Mokwena said “[u]Unfortunately, this company failed. “
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