Attorney accused

2017-12-06 06:01

Woman entrepreneur Sebopeho Mohapi, who had enlisted a Bloemfontein attorney to handle a civil matter between her and a property leasing company, has been dealt a blow.

Mohapi’s case has never been resolved, as it has emerged that enlisted attorney Johny Fixane of Fixane Attorneys in Bloemfontein never pursued the matter.

Furthermore, after another enquiry, Mohapi was informed that there was no possibility to pursue the civil case, because the three-year period during which it should have taken place has lapsed.

She had enlisted Fixane to handle a civil matter after Ellen Investment (Pty) Ltd evicted her from her pre­mises in 2013.

Mohapi says she has received less than what she had bargained for in an attorney, having lost movable assets in equipment estimated to be worth R67 000.

She says over three years Fixane dismally failed to pursue the matter.

Apart from losing her business assets, Mohapi says Fixane would not reimburse her the R2 800 she had paid for his service.

She says she was frustrated after three years of trying in vain to get feedback from Fixane, who during the term did not tell her the truth.

It was not until late 2016 when Mohapi personally went to investigate at the Bloemfontein Magistrate’s Court that she discovered the shocking truth that her case was never heard in court, as Fixane had reported to her.

“I asked for a printout of cases between 1 October and 6 November 2016 to ascertain myself. I then discovered my case had never been on the roll and heard in any court, contrary to what Fixane had been telling me,” Mohapi says.

“In October 2016, Fixane told me that the matter was due for pre-trial on 31 October, promising to call me on 1 November with the date the matter would be heard. In the process he told me the defendant’s attorney, representing Ellen Investment, had not shown up.

“After Fixane failed to call, I sent him an SMS asking about the date, but he ignored me,” says Mohapi.

When Express asked Fixane for comment on the complaint against him over poor service and unethical behaviour, he said he could not comment, since the case was with the Free State Law Society.

Seeking remedy against Fixane, the aggrieved Mohapi lodged a formal complaint with the Free State Law Society late in August 2016.

However, Mohapi has found herself stuck between a rock and a hard place for more than a year since lodging her complaint with the society, which apparently has not done anything against Fixane.

Mohapi was informed in writing by the society’s executive officer, Alida Obbes, that Fixane had failed to furnish his reply to the complaint, despite being given a deadline of 7 March 2017.

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