Eswatini Lawyer Struck Off for Misappropriating Client Funds

The High Court of Eswatini has struck off attorney Innocent Motsa from the roll of legal practitioners due to repeated dishonesty and failure to account for clients' money. Judge Maxine Langwenya delivered the judgment, citing the need to protect the public from Motsa's actions. The court's decision was based on complaints involving the estate of Arthur Mpapane, Penelope Magagula, and Geotech Swaziland (Pty) Ltd. Motsa was found to have misappropriated E268,000 belonging to three clients.

In the Mpapane estate matter, Motsa sold a residential property for E170,000 without the executrix's consent. He claimed to have authority through a power of attorney but failed to produce the document. The court established that his authority was limited to representing the executrix in matters before the Master's office and did not permit him to sell the property. Motsa also misled conveyancing attorneys into advancing money from the estate's proceeds, which he used for purposes other than those claimed.

Motsa was also found to have failed to account for E75,000 owed to client Penelope Magagula, despite an agreement allowing him to deduct legal fees. He admitted liability and promised repayment but made only sporadic payments, leaving more than E70,000 outstanding. Additionally, Geotech Swaziland accused him of failing to account for E68,534.52 received following a settlement, which he undertook to repay through monthly instalments but failed to honour.

The court heard that Motsa had used clients' trust money to pay salaries at Mkhwanazi Attorneys following the death of the firm's managing partner. Judge Langwenya condemned the practice, emphasising that trust money belonged to clients and could not be used to finance law firm operations. The judge described misappropriating client money as a serious form of professional misconduct in Eswatini.

Opposing the application, Motsa argued that he had never intended to permanently steal the money and was remorseful. He asked the court to consider suspension instead, citing financial difficulties after his contract as an acting magistrate ended in December 2024. However, the judge rejected his arguments, noting that he had been given an opportunity to make submissions during disciplinary proceedings and had neither appealed nor sought a review of the tribunal's findings.

The court concluded that suspension would not adequately address the seriousness of Motsa's misconduct, particularly because he had failed to demonstrate that he could be rehabilitated. The judge stated that dishonesty strikes at the heart of an attorney's fitness to practise. Motsa was ordered to pay the Law Society of Eswatini's (LSE) legal costs on an attorney-and-client scale.

Motsa was admitted as an attorney of the High Court on July 15, 2016, and initially worked at Mkhwanazi Attorneys before establishing I. Motsa Attorneys. He was practising in Manzini at the time of the disciplinary proceedings. The court's decision to strike Motsa off the roll of legal practitioners was based on the severity of his misconduct and the need to protect the public from his actions.

Key points

• The High Court of Eswatini struck off attorney Innocent Motsa for misappropriating client funds and failing to account for E268,000 belonging to three clients.
• Motsa was found to have used clients' trust money to pay salaries at his law firm and was ordered to pay the Law Society of Eswatini's legal costs.
• The court's decision was based on complaints involving the estate of Arthur Mpapane, Penelope Magagula, and Geotech Swaziland (Pty) Ltd.