Former Legal Aid attorney faces rape charges after alleged coercion of client

A former Legal Aid attorney who now practices privately is facing a charge of rape on allegations that he forced a client to perform sexual favours in exchange for services.

It's alleged the attorney, who worked at Wynberg Magistrate's Court, in November 2022 unlawfully and intentionally raped his victim by placing his genitals in her mouth.

Currently out on R1 000 bail, he no longer works as a Legal Aid lawyer after he apparently resigned and now practices privately.

He made his latest appearance in the Wynberg Magistrate's Court on May 23, and is set to make another on July 18.

A whistle-blower, who asked not to be identified for fear of victimisation, said: “He allegedly forced a female client to give him a blowjob in exchange for doing a bail application for her. She disclosed the incident months later in 2023 when the matter eventually went onto trial. When he learnt of the allegations, he resigned from Legal Aid and has been practicing privately since and still represents clients.”

According to a Facebook page under his name, he practices privately and shares his contact details with the public.

The Cape Argus has since approached him for comment about the allegations.

"I won't be making any comment until after the matter is finalised," he said.

The Cape Argus also approached the General Council of the Bar of South Africa for comment on the matter, to which they said: "We in receipt of your below request and will bring it to the attention of the chairperson, should he have any comment it will be sent to you before the deadline."

The Department of Justice and Constitutional Development’s spokesperson, Mandla Mathebula, said it was not for their office to respond but that of Legal Aid.

Boitumelo Boshupeng, spokesperson for Legal Aid, said they are aware of the allegations against the former employee.

"Legal Aid SA is aware of these serious allegations against our former employee, who resigned from our employ subsequent to being notified of an internal investigation launched in relation to a complaint we received on  August 1 2023.

Legal Aid SA takes these allegations in a very serious light as they are against the organisation’s values of respect and dignity, which values are foundational principles that guide how our employees should interact with all stakeholders, particularly our clients".

Siya Monakali of Ilitha Labantu, an organisation that advocates for the rights of women and children, said they were concerned that it was a case of the abuse of power and position.

"We are deeply disturbed by reports that a former Legal Aid attorney is facing charges of rape after allegedly coercing a client into providing sexual favours in exchange for legal assistance at the Wynberg Magistrate’s Court,” said Monakali.

“The incident, which allegedly occurred in 2022, represents a shocking abuse of power by someone who was meant to serve the interests of justice and uphold the rights of those in need.

“It is particularly troubling that after the survivor disclosed the alleged abuse, the attorney resigned from Legal Aid and continues to practice law privately.

"Despite the severity of the charge, the case has remained on the court roll for several years, and there has been no clear accountability. The lack of urgency in addressing this matter signals a deeper systemic failure that continues to fail survivors of sexual violence.

“Ilitha Labantu stands in firm solidarity with the survivor and calls for decisive action. It is unacceptable that someone accused of such a serious offence continues to operate within the legal profession. Institutions responsible for regulating legal practitioners must act swiftly to ensure the integrity of the justice system and to protect the public from further harm.

“This case highlights the critical need for reform within institutions that are meant to serve and protect the public. Survivors must be able to approach the legal system with confidence that their rights will be respected and their dignity upheld. When those in positions of authority exploit their power, it is not only an individual betrayal but a stain on the justice system as a whole.

“Ilitha Labantu reaffirms its commitment to protecting and promoting the rights of women and children. We will continue to demand accountability, advocate for systemic reform, and support all survivors in their pursuit of justice. The legal system must send a clear message that abuse of power will not be tolerated and that justice is not a privilege but a right."

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