Katz's threat to Darren on June 16 2015, that "complaints against Millar to the law society would go no where, as Discovery was in control of the disciplinary department", appear to have substance, as was the case with all the other threats made by Katz, including that "Millar will be your next President".
Dear Mr Fourie
We refer you to our letter 31 May 2013, a copy of which is attached for your convenience. (SAAPIL's letter and affidavits with respect to the touting and other professional misconduct on the part of Berger and Millar - CLICK HERE TO READ) That letter was accompanied by Affidavits made by the abovementioned persons all of whom deposed as to how they had been touted by Mr Jabu Gxokwa, an employee of Norman Berger & Partners on behalf of such firm, whilst they had been patients in Natalspruit Hospital consequent upon injury sustained in road accidents.
SAAPIL’s letter went on to propose that you should meet with the complainants and the independent investigator, who interviewed them. and took their affidavits but you declined to do so at the time.
Now more than a year after these serious complaints were lodged, and which all echo precisely the same modus operandi on the part of Messrs Berger and Millar and their tout, Mr Gxokwa, you have neither convened an investigating committee to hear the complainants at a transparent hearing at which the complainants will be represented by attorney and Counsel holding a watching brief, and not behind closed doors in secret ,as you previously did and where some 12 identical complaints were swept under the carpet ,and Advocate Albert Lamey and Attorney Tony Berlowitz representing those complainants were not permitted to attend and witness whether justice was done .
You also refused to provide a transcript of that secret hearing ,so that the complainants attorney and advocate could read how Messrs Millar and Berger escaped being struck off the roll for their extensive and proven touting ,nor have you charged Messrs Berger & Millar in respect of the latest 6 touting complaints .
We submit it stretches the boundaries of credibility, to believe that somehow, almost twenty road accident victims, all of whom were treated at Natalspruit Hospital consequent upon road accident generated injuries would coincidentally all just happen to turn up at the offices of Berger and Millar to lodge RAF claims.
Similarly, it is equally improbable that all such persons ,all of whom but a few were interviewed by independent Professional Investigators, separately from any other client of Messrs Berger and Millar ,should relate the same version as to how they were touted by an employee of Messrs Berger and Millar.
We have also sent you a report in City Press some years ago, where a road accident victim told that newspapers investigative reporter that he too had been touted whilst a patient at Natalspruit Hospital by an employee of Berger and Millar, so it should be obvious to you that this has been going on for very many years.
We are able to tell you that Advocate Albert Lamey, formerly a partner at Rooth & Wessels and someone who is intimately acquainted with Law Society Rules and procedures, and who is also universally regarded as a person of the utmost integrity, personally and privately consulted with every one of the complainants who appeared at the secret 5 June 2013 hearing, as also the six complainants referred to above. Advocate Lamey has place on record that he is satisfied that all the complainants made their affidavits of free will and that he believes them to be telling the truth.
We have recently met with a number of the above mentioned complainants, and have been requested to assist them in seeing to it that the Law Society proceeds forthwith to deal with their complaints. We attach an affidavit by investigator Hendrik Scholtz in which he makes it clear that the complainants deposed to the affidavits of their own free will. CLICK HERE TO READ HENDRIK's AFFIDAVIT
Accordingly we request you to furnish us with a date at which Messrs Berger and Millar will be required to appear before an investigating committee and/or face charges before a Disciplinary Committee. We also require you to confirm that you will not seek, as you have previously done, to prevent attorney and Counsel briefed to serve the interests of the complainants from attending and participating at any investigating committee hearing, or of holding a watching brief at any Disciplinary Committee hearing where charges are brought and heard against Messrs Berger and Millar.
We would be obliged to hear from you as a matter of urgency with regard to the above, as it is a matter of the greatest concern that these multiple and serious complaints have languished for more than a year without any steps whatsoever being taken in accordance with the Law Society’s Rules and procedures against Messrs Berger & Millar.
RONALD BOBROFF - PRESIDENT