A Windhoek-based lawyer is prohibited from operating two trust accounts of her law firm while the Law Society of Namibia (LSN) investigates shortfalls of funds in the accounts.
An order prohibiting lawyer Leandri Lambert from operating her law firm’s trust accounts at First National Bank of Namibia and Nedbank Namibia for 60 days was issued by judge Eileen Rakow in the Windhoek High Court on Thursday.
Rakow also ordered that LSN director Neliswa Tjahikika is temporarily appointed to control and administer the law firm Leandri Lambert Legal Practitioners’ two trust accounts until a complaint lodged with the Disciplinary Committee for Legal Practitioners has been decided.
In a sworn statement filed at the court, Tjahikika says it came to the attention of the law society’s compliance manager, Abed Shipoke, in July last year that there was a significant deficit on Lambert’s trust bank accounts.
Law firms’ trust accounts are used to keep money belonging to clients of the firm, and may not be used to pay a firm’s own expenses.
Lambert’s accounting records showed that by the end of June last year, there was a shortfall of N$4.2 million on her trust account at First National Bank (FNB) and a deficit of N$15 200 on her trust account at Nedbank Namibia, Tjahikika says in her sworn statement.
After Lambert was asked to explain the shortfalls in the accounts, she informed the LSN in an affidavit signed on 24 July last year that her accounting records were showing her trust accounts had a deficit of about N$3.9 million at that stage.
Lambert added that she and her accountant were investigating the reasons for the deficit.
In another affidavit, signed on 5 August last year, Lambert informed the LSN of deficits amounting to about N$2.7 million on her trust account, Tjahikika says.
Lambert also explained that the reasons for deficit amounts on files of her firm included overpayments made to the Receiver of Revenue and an estate agent, and underpayments received from banks.
Tjahikika says a trust account bank statement showed that N$2.3 million was paid into Lambert’s trust account at FNB on 8 August last year to settle the trust deficit.
“However, further bank statements for the [FNB] trust account were received in January 2025,” Tjahikika adds.
“These further bank statements indicate that on 12 August 2024 the very same amount [N$2.3 million] was again withdrawn. I suspect that this withdrawal is the very same amount that was deposited to remedy the trust deficit.”
Accounting records received from Lambert on 9 August last year, before the reversal of the N$2.3 million transaction, reflected a deficit of about N$848 000 on her trust account at FNB and a shortfall of N$75 000 on the trust account at Nedbank, Tjahikika says.
Lambert’s bookkeeper resigned on 9 August last year.
Audit reports submitted to the LSN in November included findings that money in Lambert’s trust account had been used for “office-related expenses” during 2022, Tjahikika also says.
The auditors who compiled the reports recorded that “office-related expenses” in a total amount of N$237 349, including 11 salary payments and two payments to a private school in Windhoek, had been paid from Lambert’s trust account from April to December 2022.
An amount of N$237 349 was paid into the trust account in February 2023 to replace the funds used for those expenses, the auditors also reported.
Tjahikika says the LSN placed a hold on Lambert’s trust accounts at the start of this year.
The LSN also did not issue a fidelity fund certificate for 2025 to her, with the result that her firm is not entitled to continue practicing.
However, it came to her attention about two weeks ago that Lambert had asked a client to make a payment of close to N$50 000 into her trust account, which indicates she is still receiving funds from the public, despite not being in possession of a fidelity fund certificate, Tjahikika says.
A lawyer representing Lambert has given notice that she intends to oppose the urgent application filed by the LSN on Tuesday last week.
Lambert should file an answering affidavit with the court by 14 March, Rakow ordered on Thursday.
