Lawyer struck off the roll for misappropriation of R50 000 in property deal

Lawyer Deon Jakobus Beukman has been struck from the roll of legal practitioners in the Western Cape High Court, after being found guilty of bringing the legal profession into disrepute for misappropriating R50 000 meant to be refunded to a buyer in a property transaction.

The matter relates to a 2009 transaction. 

Beukman had been the conveyancer in terms of a sale agreement for a property in Somerset West for R550 000.

The buyer paid an amount of R561 921.46 to the lawyer and consented to certain funds being paid to expedite the registration of the transfer. The respondent further paid an amount of R41 250 to the estate agent, for his commission.

However the seller died on February 20, 2009 before the transfer was registered, and the executor of the seller’s estate elected to cancel the sale agreement as the seller’s deceased estate was insolvent. 

The lawyer refunded the buyer an amount of R481 653.81 together with interest of R67 895.53. The buyer subsequently issued a summons in the Magistrate’s Court against the respondent under case number 3349/2009 in which he claimed an amount of R81 935.34, as the buyer believed that he was entitled to a full refund of the R561 921.46 that he had paid to the respondent, together with interest in the amount of R69 563.22.

During the course of the civil proceedings, it also came to light that the estate agent had refunded his R50 000 commission which included interest, to the lawyer as a result of the dispute. 

Beukman however did not make the payment to the buyer.

One of his arguments to a complaint lodged against him with the LPC by the buyer was that the estate agent had refunded him the funds in terms of an indemnity signed and that there was therefore no duty on him to invest the funds in his trust account.

For several years, nothing came of the complaint; until the LPC conducted an audit of all matters that were outstanding and during the course of this assessment, the matter was identified, and its finalisation was prioritised, court papers read. 

The matter was first heard before a disciplinary committee on April 30, 2024, where Beukman was found guilty and later escalated to the high court. 

Judge Ncumisa Mayosi found: “Deon Jakobus Beukman (Beukman) is struck from the roll of legal practitioners of this Honourable Court. Beukman shall pay Mr Ian Jacobs the sum of R50 000 on or before November 30, 2025. In the event that Beukman fails to comply with the terms of sub-paragraph 4 above, either the LPC or Mr Ian Jacobs may institute contempt of court proceedings against Beukman.”

“The respondent’s offending conduct is not confined to the admitted act of misappropriating R50 000, which may appear to be an insignificant amount to some. The respondent’s offending conduct is compounded by his further actions which displayed persistent dishonesty; a lack of reliability. Not only did the respondent not pay the money over to his client; he did not even inform his client that the commission with interest had been refunded. This lack of transparency and accountability is deeply problematic for a legal practitioner charged with trust funds that do not belong to him. The respondent remained undeterred in his refusal to pay the buyer, even in the face of a striking off application contemplated by the LPC, which if granted would curtail his livelihood.” 

Beukman did not respond to requests for comment by deadline.

Cape Times