- Mosiuoa Lekota has been declared mentally incapable from May 2025 until his death.
- The court identifies large unexplained payments made during incapacity proceedings.
- Advocate Luzelle Adams ordered to pay punitive attorney and client costs.
The High Court in Pretoria has found that Mosiuoa Lekota was mentally incapable for the last months of his life while his partner drained his bank account.
His wife, Ntombehle Lekota, went to court seeking access to his medical records and a determination of whether he could still manage his affairs. The couple, married in community of property since 1975, had lived apart for years, with Mrs Lekota in Bloemfontein and Lekota in Gauteng.
During that time, Lekota began a relationship with Advocate Luzelle Adams, with whom he had a child. The arrangement was tense and unresolved. When Mrs Lekota raised it, Lekota told her Adams was his partner but insisted she was still his wife.
As his wife in a community of property marriage, she also had a direct legal interest in the joint estate, which she could not access as his condition worsened and control over his finances shifted.
Medical decline and incapacity
Court evidence painted a picture of a man broken by illness. After a stroke, cancer treatment, and repeated hospitalisation, Lekota could no longer function independently.
When Mrs Lekota visited him, she described his condition in stark terms, stating, "At his residence, the patient was bedridden… the patient struggled to speak, and appeared not to be lucid."
Despite occasional signs of physical improvement, he was confused and unable to manage basic aspects of his life. Medical assessments confirmed severe cognitive impairment.
One expert found, "He struggled doing basic neurological mental exam… and he scored very low… which is significant," while another concluded, "The clinical findings substantiate a lack of capacity to manage his own legal and financial affairs."
Withheld information and obstructed access
Efforts to get clarity on Lekota's condition were repeatedly blocked. He initially consented to releasing his medical report, but that consent was withdrawn after a private consultation involving Adams.
Mrs Lekota was subsequently informed that the report could not be shared due to "client confidentiality," effectively blocking her from accessing critical information about her husband's health at a time when decisions about his care and finances were becoming urgent.
The court found that attempts to obtain the report were obstructed and that, without the intervention of a curator, crucial information regarding Lekota's condition may not have been properly uncovered.
Financial transactions raise alarm
The handling of Lekota's money was equally troubling. Evidence showed substantial payments from his accounts to Adams, including over R600 000 described as household expenses and more than R1 million in additional transfers.
Particularly concerning were transactions made while legal proceedings were underway. On a single day, R250 000 was transferred to attorneys and R150 000 to a property-related entity linked to Adams.
The court drew a strong inference from this pattern, stating, "The inference is irresistible… Adv Adams emptied Mr Lekota's bank account, presumably while the parties were negotiating in good faith at court."
Court's findings on conduct
The court firmly rejected arguments that the case had become irrelevant after Lekota's death, calling that position "fallacious, self-serving and entirely contrived."
The case, the court stressed, was never just about mental capacity. It directly affected Mrs Lekota's rights to financial resources, medical information, and support within their joint estate.
On the evidence, the court concluded that Adams was aware of Lekota's incapacity but continued to exercise control over his affairs. The judgment makes this clear, stating, "I am in no doubt that Adv Adams… knew he was unable to manage his affairs."
Final order and costs
The court declared Lekota mentally incapable of managing his affairs from 25 May 2025 until his death on 4 March 2026.
In a strong rebuke, Adams was ordered to pay the legal costs on a punitive scale between attorney and client, including counsel's fees.
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