The National Prosecuting Authority (“the NPA”) is the body empowered in terms of the National Prosecuting Authority Act 32 of 1998 to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to instituting criminal proceedings. The NPA is assisted by the South African Police Services (“the SAPS”) which is charged with the investigation of all criminal complaints including those emanating from theft of trust funds by legal practitioners. The Prosecutions Unit (“the Unit”) of the Legal Practitioners Fidelity Fund (“the Fund”), which is located at the Fund’s offices in Centurion, Pretoria, provides investigative and legal support to both the NPA and the SAPS with a view to ensuring successful investigation and prosecution of cases of theft of trust funds by the defaulting legal practitioners. Once the Fund has paid a claim in terms of section 55 of the Legal Practice Act 28 of 2014, the Unit assesses the matter with a view to registering a criminal case with the SAPS against the defaulting legal practitioner concerned. In order to ensure the successful prosecution of errant legal practitioners, the Unit also provides training to the stakeholders involved in the investigation and prosecution of defaulting legal practitioners.

The Joint Stakeholders Committee (“the JSC”) is a forum where challenges relating to the investigation and prosecution of cases of theft of trust money by legal practitioners are discussed and resolved by all the stakeholders. The JSC is made up of the Legal Practitioners Fidelity Fund, the South African Legal Practice Council and the various divisions of the NPA and the SAPS.

The Senior Legal Advisor :
Mr John Ndlovu

Telephone :
012-622 3900 / 060 983 0529

Email:
john.ndlovu@fidfund.co.za

The Legal Practitioners Indemnity Insurance Fund (LPIIF) is a non-profit, short-term insurance company, duly incorporated under the company laws of the Republic of South Africa (registration no. 93/03588/08) and subject to the Short Term Insurance Act 53 of 1998.

In 1993, the LPIIF was established by the Legal Practitioners Fidelity Fund (LPFF) in terms of the powers conferred on it to provide professional indemnity insurance to legal practitioners, by sections 40A and 40B of the Attorneys Act 53 of 1979. (S77 of the Legal Practice Act 28 of 2014 confers similar powers to the AFF’s successor in title, the Legal Practitioners’ Fidelity Fund (LPFF).

The LPIIF’s primary purpose is to provide all legal practitioners who are obliged to be in possession of a Fidelity Fund certificate, with a primary level of professional indemnity insurance. As an added service to the public and the profession, the LPIIF also provides bonds of security to attorneys appointed as executors of deceased estates (within certain limits).