RAF attorney goes to ConCourt

2003-08-04 20:24

Cape Town - Former Road Accident Fund attorney Hoosain Mohamed is to approach the Constitutional Court to set aside a Cape High Court restraint order that compels him to make full disclosure to the Asset Forfeiture Unit about his assets worldwide.

This was the outcome on Monday of an application to a full bench of the Cape High Court late last month, for leave to appeal the restraint order.

Through his senior counsel, Jan Heunis, he asked permission to approach the Constitutional Court directly rather than first approaching the Supreme Court of Appeals (SCA).

Mohamed also asked for leave to appeal the restraint order in the SCA, if the full bench turned down his bid to approach the Constitutional Court directly.

In order to approach the Constitutional Court directly, Mohamed had to obtain a certificate from the full bench to the effect that his constitutional challenge had substance, and that it was in fact desirable for the Constitutional Court to rule on the matter.

Heunis contended there was a reasonable prospect that the Constitutional Court would set aside the restraint order as unconstitutional.

The High Court certificate merely opens the door for Mohamed to apply to the Constitutional Court for leave to challenge the restraint order, but it remains up to the Constitutional Court to either grant or refuse his application.

Although judges Deon van Zyl and Bennie Griesel granted Mohamed the certificate, they refused him leave to take his case to the SCA, on the grounds that such an appeal had no reasonable prospect of success.

Mohamed is on R10 000 bail, pending his trial on fraud and theft charges involving about R2.8m in RFA claims.

Mohamed is alleged to have defrauded collision victims by way of the contingency system, in which only successful claimants paid pre-agreed fees, while clients whose claims were rejected paid nothing.

At the time of his bail application in the Wynberg Regional Court, magistrate Jackie Redelinghuys said the State had a strong case, but the charges were complicated and Mohamed was likely to need a whole team of advocates to prepare his defence.

- SAPA