The Special Investigating Unit found that Hassan Kajee ‘inflated prices’ and ‘double-charged’ for work he did – and did not do – for the state. Photo: Supplied
The Special Investigating Unit (SIU) has applauded the arrest for fraud of a lawyer found by the high court to have colluded in misrepresenting information to the government and causing it to lose millions of rand.
On Tuesday, the SIU, which was mandated by President Cyril Ramaphosa via a 2018 proclamation to probe corruption and maladministration in the state attorney’s office, welcomed the Saturday arrest of advocate Hassan Ebrahim Kajee.
The state attorney’s office is responsible for appointing counsel to represent the government and other state institutions in litigation. Kajee, the SIU said, was appointed to represent the state “in various cases”.
“The arrest of advocate Kajee follows an SIU investigation, which revealed that advocate Kajee inflated invoices, invoiced for services not actually rendered and overcharged for alleged services rendered,” it said.
“Furthermore, advocate Kajee would bill that he worked more hours daily than actual hours in the day and invoiced for work on different matters simultaneously.”
The Mail & Guardian reported in November 2018 that the Johannesburg high court had slammed Kajee and Kgosi Lekabe from the Johannesburg state attorney office for “apparently fraudulent, disgraceful and deceitful” conduct after settling a R34 million lawsuit against the South African Police Service (SAPS) when they were instructed not to do so.
“The allegations made by the applicant [SAPS] … are not only serious but are made against officers of the court. The deafening silence of the second [Lekabe] and fourth [Kajee] respondents in the face of these damning allegations, to my mind, speaks volumes. Importantly, this involved allegations of apparent collusion or fraudulent conduct involving millions of public monies,” Judge Thifhelimbilu Mudau said at the time.
The SIU said on Tuesday it would also institute a civil claim against Kajee and Lekabe to recover a R27 million loss that the investigating unit believes the state suffered “because of the alleged corrupt and collusive relationship”.
“Lekabe is alleged to have briefed advocate Kajee as counsel for the state in a plethora of matters in which the applicant charged for legal fees not actually rendered, doubled-charged for similar work done in a specific matter and double invoiced the office of the state attorney,” the SIU said.
“The SIU is empowered to institute a civil action in the high court or a special tribunal in its name to correct any wrongdoing uncovered during both investigations caused by acts of corruption, fraud or maladministration.”
Kajee, the SIU added, was released on R20 000 bail in the Johannesburg magistrate’s court. His next appearance is scheduled for 25 May.