Charlotte Tibana’s trust accounts frozen amid R6m estate case
POLOKWANE — Clients and beneficiaries of deceased estates handled by Charlotte Tibana Attorneys face uncertainty over their money and legal matters after the High Court suspended the firm’s sole director, Charlotte Tibana, pending disciplinary proceedings. The Legal Practice Council (LPC) has moved to restrict access to accounts under her authority, including the practice’s trust account.
LPC Limpopo provincial director Khomotso Matsaung told African Times that Tibana may no longer take client instructions, transact on the trust account, act as an executor or represent clients while suspended. The council had contacted banks to place holds on accounts over which she had authority and was checking whether further accounts existed. Matsaung said Absa and First National Bank were among the banks contacted.
The professional proceedings are separate from a criminal case against Tibana and her husband, Tshwane Metro Police Department officer Peter “Greater Gagash” Nonyane. They face 43 charges, including fraud, theft and money laundering, arising from allegations that funds were taken from deceased estates Tibana administered. Prosecutors allege that about R6 million was withdrawn and moved through accounts or used for personal purposes. Those allegations have not been proved at trial.
Both were denied bail by the Polokwane Magistrates’ Court earlier this month and remain in custody. Their criminal matter is scheduled to return to court on 6 November for further investigation. The suspension, meanwhile, allows the LPC to examine professional complaints and protect accounts while its disciplinary process continues; it is not a criminal conviction.
For affected families, the most pressing issue is how to establish what happened to money entrusted to the practice. Matsaung said Tibana held a Fidelity Fund certificate at the time of the alleged contraventions and that potential claimants could approach the Legal Practitioners Fidelity Fund (LPFF), subject to its claims process. The fund says theft of money from deceased estates is among the losses it may cover, but a claim must meet its requirements and is not paid automatically because an attorney has been suspended or charged.
The LPFF advises people who believe they have a claim to notify both the fund and the LPC in the province where the practitioner worked within three months of becoming aware of the alleged theft, or of when they reasonably should have become aware of it. It requires supporting proof and a claim submitted by affidavit. Those requirements make it important for beneficiaries to keep estate documents, correspondence and payment records while seeking guidance directly from the LPC and the fund.
The court and disciplinary processes must still determine responsibility. For the families whose inheritances are in question, the immediate test is whether the intervention can account for the estate funds and provide a clear route to recover any proven losses.
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