News / National
Siyabonga's lawyer suspended, Four lawyers struck off roll
02 Oct 2011 at 22:17hrs | Views
FOUR lawyers have been delisted from the legal practitioners' roll while three others are awaiting judgment on various misconduct allegations including misappropriation of trust funds and unprofessional conduct.
Two others are on suspension to allow for investigations into various allegations of improper conduct.
High Court judge Justice Chinembiri Bhunu who chairs the Legal Practitioners Disciplinary Tribunal last week reserved judgment in the cases of three lawyers who appeared before him.
Mrs Margaret Dutiro, who used to operate Chingono-Dutiro and Partners in Zvishavane, Mr Daniel Dindikwa of Dindikwa and Partners, Mr Tichaona Mawere formerly with Ziumbe and Mutambanengwe and Mr Tsvatai Christian Mafirakurewa of Kadoma were deleted from the register.
Mr Masimba Munjanja and Mr Mlweliwenkululeko Ncube both from Munjanja and Associates in Bulawayo were last week suspended by the tribunal pending investigation into allegations levelled against them.
Mr Ncube was one of the lawyers who represented Insiza South legislator Siyabonga Malandu Ncube in a case in which he was being accused of deliberately transmitting HIV to a Bulawayo journalist.
The suspension and delisting of the lawyers came at a time when there was a public outcry over the proliferation of bogus lawyers and some delisted lawyers that were unlawfully practicing.
The High Court in Harare is awash with notices warning litigants against investing their trust in unregistered lawyers.
There are stickers and notices at court buildings warning people against some individuals who masqueraded as registered lawyers.
Mr Munjanja was last week suspended for six weeks pending investigations into allegations of failing to facilitate the transfer of a property despite receiving conveyancing fees amounting to US$4 638 from a Bulawayo client.
The Law Society of Zimbabwe received another complaint that the same lawyer had facilitated a bogus transaction that involved the sale of a house in Nkulumane suburb.
Mr Munjanja also stands accused of refusing to pay fees for an advocate.
He allegedly refused to pay Advocate Nkiwane US$1 800 after instructing him to assist in defending two businessmen in a criminal trial.
He is also facing another case of failing to professionally represent his clients, resulting in them losing the matter and suffering financial prejudice.
Mr Ncube is facing allegations of failing to carry out his mandate and misappropriating US$9 000 received from his clients to buy certain properties in Bulawayo.
The tribunal did not specify the period of suspension, but the legal practitioner was suspended pending finalisation of the charges levelled against him.
He is also accused of practising without a certificate in breach of the Legal Practitioners Act.
Mr Dindikwa was struck off the register of lawyers after the LSZ received complaints that the lawyer had misappropriated clients' money on several occasions.
He had also failed to complete professional services despite being paid.
Mr Dindikwa was charged with failing to promptly pay his clients' money deposited in the trust account.
He also failed to respond to correspondence from the secretary of the LSZ.
Mrs Dutiro was found guilty of professional misconduct in that she failed to bank trust funds as required by the law.
This resulted in the loss of trust funds to the tune of US$20 000.
LSZ secretary Mr Edward Mapara ordered the closure of Mrs Dutiro's law firm on August 31 before the tribunal approved the deregistration.
Mr Mawere was removed from the register after being found guilty of misconduct.
He was dismissed from the law firm he used to work for, Ziumbe and Mutambanengwe in 2006 after he allegedly sold a non-existent residential stand to a businessman Mr Major Murombedzi.
He purported to be selling stand 4A Monavale in Harare when such property did not exist.
The businessman paid Z$7,5 million for the said property in November 2006 before a report was made to the LSZ.
Mr Mafirakureva, who had been in practice for 20 years, was delisted from the LSZ register after the society received complaints that he had unreasonably and without cause withheld money that he owed his client.
He was also accused of failing to discharge his duties resulting in a default judgment being passed against his client.
He exacerbated the situation by failing to respond to correspondences from the LSZ.
When a lawyer is deregistered or suspended, he is not allowed to perform any duties as a lawyer, but some end up preparing legal documents in certain law firms and make sure they avoid appearing in courts.
Various law firms employ some of the deregistered lawyers disguising them as clerks while in actual fact they will be performing duties of a lawyer.
Two others are on suspension to allow for investigations into various allegations of improper conduct.
High Court judge Justice Chinembiri Bhunu who chairs the Legal Practitioners Disciplinary Tribunal last week reserved judgment in the cases of three lawyers who appeared before him.
Mrs Margaret Dutiro, who used to operate Chingono-Dutiro and Partners in Zvishavane, Mr Daniel Dindikwa of Dindikwa and Partners, Mr Tichaona Mawere formerly with Ziumbe and Mutambanengwe and Mr Tsvatai Christian Mafirakurewa of Kadoma were deleted from the register.
Mr Masimba Munjanja and Mr Mlweliwenkululeko Ncube both from Munjanja and Associates in Bulawayo were last week suspended by the tribunal pending investigation into allegations levelled against them.
Mr Ncube was one of the lawyers who represented Insiza South legislator Siyabonga Malandu Ncube in a case in which he was being accused of deliberately transmitting HIV to a Bulawayo journalist.
The suspension and delisting of the lawyers came at a time when there was a public outcry over the proliferation of bogus lawyers and some delisted lawyers that were unlawfully practicing.
The High Court in Harare is awash with notices warning litigants against investing their trust in unregistered lawyers.
There are stickers and notices at court buildings warning people against some individuals who masqueraded as registered lawyers.
Mr Munjanja was last week suspended for six weeks pending investigations into allegations of failing to facilitate the transfer of a property despite receiving conveyancing fees amounting to US$4 638 from a Bulawayo client.
The Law Society of Zimbabwe received another complaint that the same lawyer had facilitated a bogus transaction that involved the sale of a house in Nkulumane suburb.
Mr Munjanja also stands accused of refusing to pay fees for an advocate.
He allegedly refused to pay Advocate Nkiwane US$1 800 after instructing him to assist in defending two businessmen in a criminal trial.
He is also facing another case of failing to professionally represent his clients, resulting in them losing the matter and suffering financial prejudice.
Mr Ncube is facing allegations of failing to carry out his mandate and misappropriating US$9 000 received from his clients to buy certain properties in Bulawayo.
The tribunal did not specify the period of suspension, but the legal practitioner was suspended pending finalisation of the charges levelled against him.
He is also accused of practising without a certificate in breach of the Legal Practitioners Act.
Mr Dindikwa was struck off the register of lawyers after the LSZ received complaints that the lawyer had misappropriated clients' money on several occasions.
He had also failed to complete professional services despite being paid.
Mr Dindikwa was charged with failing to promptly pay his clients' money deposited in the trust account.
He also failed to respond to correspondence from the secretary of the LSZ.
Mrs Dutiro was found guilty of professional misconduct in that she failed to bank trust funds as required by the law.
This resulted in the loss of trust funds to the tune of US$20 000.
LSZ secretary Mr Edward Mapara ordered the closure of Mrs Dutiro's law firm on August 31 before the tribunal approved the deregistration.
Mr Mawere was removed from the register after being found guilty of misconduct.
He was dismissed from the law firm he used to work for, Ziumbe and Mutambanengwe in 2006 after he allegedly sold a non-existent residential stand to a businessman Mr Major Murombedzi.
He purported to be selling stand 4A Monavale in Harare when such property did not exist.
The businessman paid Z$7,5 million for the said property in November 2006 before a report was made to the LSZ.
Mr Mafirakureva, who had been in practice for 20 years, was delisted from the LSZ register after the society received complaints that he had unreasonably and without cause withheld money that he owed his client.
He was also accused of failing to discharge his duties resulting in a default judgment being passed against his client.
He exacerbated the situation by failing to respond to correspondences from the LSZ.
When a lawyer is deregistered or suspended, he is not allowed to perform any duties as a lawyer, but some end up preparing legal documents in certain law firms and make sure they avoid appearing in courts.
Various law firms employ some of the deregistered lawyers disguising them as clerks while in actual fact they will be performing duties of a lawyer.
Source - TH
