The Limpopo High Court has ordered liquidators in the case of Polokwane lawyer Tumi Mokwena to unfreeze his law firm’s trust account with immediate effect.
The liquidators acted following an order issued by Judge Frans Kgomo for the final liquidation of Tumi Mokwena Incorporated (TMI) on December 12.
The order was followed up by the striking off the roll of Mokwena’s urgent application to suspend the liquidation order by Judge Violet Semenya on January 24.
Mokwena returned to the high court on an urgent basis on Thursday, seeking an order that his law firm’s trust account, held by Standard Bank, be unfrozen. This was after he realized on February 3 that the liquidators had moved to freeze the account.
He argued he was currently unable to service existing clients in his personal capacity as an attorney without the operation of the trust account.
After lengthy legal arguments that ran late into Thursday night, Judge Madala Phatudi ordered in the interim the trust account should be unfrozen with immediate effect.
He also ordered that the operation of the order for the final winding up of TMI, issued by Judge Kgomo on December 12 last year, be stayed pending an application by Mokwena for its rescission.
“Mr. Mokwena has demonstrated prima facie that he is a member of the company (TMI).
“If there is an error, the parties can show cause on the return date why this interim order cannot be upheld,” Phatudi said.
The return date has been set for April 22.