A former Transnet employee has opened a criminal case for fraud against a lawyer who was allegedly appointed to represent him, claiming the legal professional waived his reinstatement and defrauded him of a substantial settlement without his consent.
The complainant, welder Allen Maree, successfully won his unfair dismissal case against Transnet at the Commission for Conciliation, Mediation and Arbitration (CCMA) in June 2023. The CCMA ruling awarded him reinstatement to his position and compensation.
However, when Transnet took the matter on review, Maree’s situation grew increasingly complex. The lawyer, who had been initially appointed by his union to assist him, allegedly had his services terminated by that union. Despite this, the lawyer re-entered the case independently.
“His contract was terminated. He found me out of nowhere,” Maree stated. “I told him I don’t have money, so he told me no, he will help me pro bono.”
Maree alleges the lawyer promised to file an urgent application in January but that the case then stood still for five months. Concerned by the delay, Maree went to the Labour Court himself to review his file. It was there he made a shocking discovery.
“I saw there was a settlement agreement he signed on behalf of me. I was never… I never gave him consent,” Maree said.
The welder claims the lawyer presented him with another settlement agreement around June or July, promising a payout by September. “Since today, there was no money being paid out to me,” Maree added, emphasizing that he never agreed to waive his right to reinstatement at Transnet.
A spokesperson for the union involved confirmed their awareness of the ongoing issues. The spokesperson stated, “We can confirm that [the lawyer] was part of the process from the beginning and up until now there’s still a delay in [Maree] getting full justice with regards to the outstanding payments that are due to him.”
The spokesperson added that the union is now engaging with its leadership to resolve the matter urgently.
Police have confirmed that a case of fraud has been opened at the Klapmuts police station and that an investigation is underway.
