Rodel Fiduciary

Q: What are the awarded funds used for? A: In accordance with the provisions of the Court order and the registered Trust Deed, the funds in the Trust will be utilised for the wellbeing and care of the injured person. The needs may be as follows: - Medical expenses related to their injury including hospital costs, doctor’s costs, radiological investigations, blood tests, speech therapy, physiotherapy, occupational therapy and equipment. -Monthly subsistence costs, including a contribution towards rental or accommodation costs closer to medical facilities, utility expenses, transport costs and the like. -Caregiving and facilitation services. Rodel Fiduciary will use actuarial projections to create an annual budget (Cash Flow Forecast) which provides a framework for the above expenses. This is to ensure that there are funds available for the entirety of the inured person’s life expectancy. #rodelfiduciary #qanda

MISAPPROPRIATION OF TRUST FUNDS FOR CEREBRAL PALSY CHILDREN Mr Nonxuba was admitted as an attorney and specialises in personal injury and medical negligence cases involving children who sustained birth injuries because of negligence on the part of medical personnel during the birth process, resulting in hypoxic ischaemic encephalopathy, foetal distress and, ultimately, cerebral palsy. The Legal Practice Council applies for the striking off of the name of Mr Nonxuba from the roll of attorneys. During the course of the manifold applications, many thousands of pages were added to an ever-burgeoning record and at least 17 judges were involved in adjudicating the various procedural and substantive legal skirmishes. Despite the fact that the court orders in all five medical negligence claims were made during 2018 and 2019, Nonxuba, as of July 2021, had not established all the trusts, and where the trusts had been established, he failed to pay over the monies due to these trusts. A further complaint was received on behalf of the Eastern Cape Provincial Treasury which identified a further five trusts which Mr Nonxuba had failed to establish timeously or at all. The LPC submitted that the trust bank account statements indicate that Mr Nonxuba made unlawful transfers from trust to business. It is inconceivable that he was entitled to trust funds amounting to R348,845,000 which he transferred in perfectly round amounts on 759 occasions since January 2017. The LPC concluded, therefore, that Mr Nonxuba siphoned off an astonishingly large amount of money from his clients over an extended period. Mr Nonxuba failed to comply with at least ten court orders requiring him to establish trusts and to pay over the funds held by him into these trusts.The remaining allegations relating to the misappropriation of trust funds and the fabrication of accounting records were met by a bare denial and a promise by Mr Nonxuba that the report from the accountant (Wapenaar) would exculpate him. The Wapenaar report, however, underscored the severity and extent of Mr Nonxuba’s transgressions. Mr Nonxuba has, through his deception of his clients, the LPC, and this court, shown himself not to be a fit and proper person to continue to be in practice. Theft of trust funds by practitioners does not only result in untold hardship for the victims, but it also brings the legal profession into disrepute. Those legal practitioners who violate the rules and ethics of the profession by failing to uphold the highest standards of honesty, reliability and integrity must suffer the consequences of their nefarious actions. The name of Zuko Mack Michael Nonxuba or Nonxuba Inc is struck off the roll of legal practitioners of this Honourable Court. South African Legal Practice Council v Nonxuba and Another (16777/2023) [2024] ZAWCHC 410 (4 December 2024) https://lnkd.in/eS7RaZDq

#RAF CEO Collins Letsoalo could face a defamation claim for his attacks against attorney Gert Nel. #Moneyweb #SouthAfrica https://ow.ly/5RRT50UmbFh

Here is the Judgment of Francis J setting out that Nonxuba must be struck from the roll for stealing at least R188 million Rand or more in various cases involving disabled children. #Fraud #LPC #Theft

Read more about the 30% Whole Person Impairment (WPI) threshold and its importance in the Road Accident Fund (RAF) claims process. #southafrica #RAF

In the cover feature article, Professor Hennie Klopper asks whether the Road Accident Fund is a social benefit or a public insurance scheme. https://lnkd.in/dXtQj2Yf

To all personal injury attorneys out there - if you could have someone come into your firm to train you or your staff (for free), what would you like the training to be on?

Today, the 3rd of December 2024, is the International Day of Persons with Disabilities. As a trust company working with people who are disabled in road accidents or through medical negligence, we would like to acknowledge all of those living with disabilities, their families and loved ones and the professionals who care for them. We see you.

Over time, our strength has proven to be in the management, oversight and care of beneficiaries which includes supplying care givers and putting hospital guarantees in place so that patients can be admitted without delay. All of this means that you can be comfortable with completely handing your injured patients over to us - providing assurance that your client is well-cared for, allowing you to focus fully on your professional duties. #rodelfiduciary #wecare

South Africa Legal Alert: The Constitution Twenty-first Amendment Bill [B22-2024] has been presented to the Portfolio Committee on Justice and Constitutional Development. It seeks to establish the Anti-Corruption Commission as a Chapter 9 institution. The commission will work in cooperation with the National Prosecuting Authority and have the power to institute criminal proceedings on behalf of the State in relation to serious corruption and high-level organised crime. The Bill provides for the commission’s composition, functions and powers. Afriwise #organisedcrime #commercialcrime #corruption #abc #crime #legalalert #southafrica #lawandlegislation