News / National
Mutare lawyer squanders pensioner’s $23 000
03 Sep 2012 at 04:06hrs | Views
PROMINENT Mutare lawyer, Mr Akisayi James Dhliwayo of Dhliwayo and Associates is alleged to have misappropriated a City of Mutare pensioner's terminal benefits amounting to $23 578.
The matter has since been referred to the Law Society of Zimbabwe, with the society's president, Mr Tinoziwa Bere, this week confirming having received a complaint from the pensioner, Mr Ray Chris Boora (72).
"I have heard of the issue and referred it to the society's executive secretary for investigations. The council will only get involved in the matter after the executive secretary completes his investigations and tables his findings. The investigations are expected to be completed within 14 days of receipt of the complaint.
"There can be backlog in clearing all outstanding complaints, but we are working hard to clear them. We are pursuing every complaint with the urgency they deserve. The amount involved in this matter is a bit high and we are treating it as an urgent one," said Mr Bere in an interview this week.
When approached for comment, Mr Dhliwayo said the matter was being dealt with by the Law Society of Zimbabwe and referred all questions to the society.
Mr Boora also confirmed that he had launched a complaint with the law society after failing to access his terminal benefits that were deposited in Dhliwayo and Associates' Standard Chartered Bank account.
"I worked for the Mutare City Council for 26 years and retired in 2003, but the local authority failed to pay my terminal benefits, forcing me to take them to court. I engaged the services of Mr Dhliwayo to get my dues. Although it was a protracted case, it was finalised by an arbitrator, Mr Noah Ariel Mutongoreni in December 2011.
"Mr Mutongoreni ruled that the local authority should pay me $80 186, 79, but I was paid $39 578, 42 after Mr Dhliwayo had engaged the Mutare City Council lawyers, Bere Brothers and reached that figure ($39 578, 42)," said Mr Boora.
In his letter of complaint to the Law Society of Zimbabwe, which this paper has in possession, Mr Boora wrote: "I engaged Dhliwayo and Associates to push my former employer to pay my terminal benefits and other entitlements. The matter was ultimately settled between the council lawyers (Bere Brothers Legal Practitioners) and Dhliwayo and Associates. My former employer agreed to pay my dues and paid a total of $39 578, 42 in three installments to my lawyer. Surprisingly, however, he never fully accounted to me to date.
"Of the total amount collected on my behalf, Mr Dhliwayo first remitted $10 000 in cash at his bank (Standard Chartered Bank) in April 2012. The second payment made to me was through an internal transfer into my account of $5 000 on May 2, 2012. The third payment was in the sum of $1 000 delivered in cash at my house just before the Heroes holiday, thus making a total payment of $16 000."
Mr Boora said Mr Dhliwayo kept promising to settle the outstanding balance, but failed to do regardless of numerous phone calls made to him and visits to his office.
"He advised me that he had put my money into investments which would mature in May 2012. At no time did he ever present me with a statement of fees other than requesting some specific amounts which I paid in full. I paid $2 300 as his fees. I also purchased a suit for him in appreciation of his services for settling the matter.
"I am, however, shocked that after I kept demanding the balance of $23 578, 42 due to me, he then sent me a spurious and inflated bill of $9 200 purportedly for his fees in a bid to dilute the demand for my cash.
"As for now, Mr Dhliwayo does not answer my calls and I suspect he has even blocked my number. His promises to reimburse my funds have not been fulfilled to date. I now plead through your office to have your member owns up and pay my money.
"Kindly ensure that justice is not only done, but is seen to be done. Surely I engaged his services so that I get my money, not to enrich himself. It is an embarrassment to your profession that a lawyer would steal from an old man of 72 years," said Mr Boora.
Investigations by this paper revealed that Mr Boora's money was indeed deposited in Dhliwayo and Associates, Standard Chartered Bank Account Number 8700267182001.
The first amount of $13 192, 81 was made via ZETTS from the City of Mutare's Kingdom Bank Account in February. The second transaction of $13 192, 81 was done on March 6, 2012, while the final one of $13 192, 80 was done on April 5, 2012.
The matter has since been referred to the Law Society of Zimbabwe, with the society's president, Mr Tinoziwa Bere, this week confirming having received a complaint from the pensioner, Mr Ray Chris Boora (72).
"I have heard of the issue and referred it to the society's executive secretary for investigations. The council will only get involved in the matter after the executive secretary completes his investigations and tables his findings. The investigations are expected to be completed within 14 days of receipt of the complaint.
"There can be backlog in clearing all outstanding complaints, but we are working hard to clear them. We are pursuing every complaint with the urgency they deserve. The amount involved in this matter is a bit high and we are treating it as an urgent one," said Mr Bere in an interview this week.
When approached for comment, Mr Dhliwayo said the matter was being dealt with by the Law Society of Zimbabwe and referred all questions to the society.
Mr Boora also confirmed that he had launched a complaint with the law society after failing to access his terminal benefits that were deposited in Dhliwayo and Associates' Standard Chartered Bank account.
"I worked for the Mutare City Council for 26 years and retired in 2003, but the local authority failed to pay my terminal benefits, forcing me to take them to court. I engaged the services of Mr Dhliwayo to get my dues. Although it was a protracted case, it was finalised by an arbitrator, Mr Noah Ariel Mutongoreni in December 2011.
"Mr Mutongoreni ruled that the local authority should pay me $80 186, 79, but I was paid $39 578, 42 after Mr Dhliwayo had engaged the Mutare City Council lawyers, Bere Brothers and reached that figure ($39 578, 42)," said Mr Boora.
In his letter of complaint to the Law Society of Zimbabwe, which this paper has in possession, Mr Boora wrote: "I engaged Dhliwayo and Associates to push my former employer to pay my terminal benefits and other entitlements. The matter was ultimately settled between the council lawyers (Bere Brothers Legal Practitioners) and Dhliwayo and Associates. My former employer agreed to pay my dues and paid a total of $39 578, 42 in three installments to my lawyer. Surprisingly, however, he never fully accounted to me to date.
"Of the total amount collected on my behalf, Mr Dhliwayo first remitted $10 000 in cash at his bank (Standard Chartered Bank) in April 2012. The second payment made to me was through an internal transfer into my account of $5 000 on May 2, 2012. The third payment was in the sum of $1 000 delivered in cash at my house just before the Heroes holiday, thus making a total payment of $16 000."
Mr Boora said Mr Dhliwayo kept promising to settle the outstanding balance, but failed to do regardless of numerous phone calls made to him and visits to his office.
"He advised me that he had put my money into investments which would mature in May 2012. At no time did he ever present me with a statement of fees other than requesting some specific amounts which I paid in full. I paid $2 300 as his fees. I also purchased a suit for him in appreciation of his services for settling the matter.
"I am, however, shocked that after I kept demanding the balance of $23 578, 42 due to me, he then sent me a spurious and inflated bill of $9 200 purportedly for his fees in a bid to dilute the demand for my cash.
"As for now, Mr Dhliwayo does not answer my calls and I suspect he has even blocked my number. His promises to reimburse my funds have not been fulfilled to date. I now plead through your office to have your member owns up and pay my money.
"Kindly ensure that justice is not only done, but is seen to be done. Surely I engaged his services so that I get my money, not to enrich himself. It is an embarrassment to your profession that a lawyer would steal from an old man of 72 years," said Mr Boora.
Investigations by this paper revealed that Mr Boora's money was indeed deposited in Dhliwayo and Associates, Standard Chartered Bank Account Number 8700267182001.
The first amount of $13 192, 81 was made via ZETTS from the City of Mutare's Kingdom Bank Account in February. The second transaction of $13 192, 81 was done on March 6, 2012, while the final one of $13 192, 80 was done on April 5, 2012.
Source - Manica Post
