Deregistered city lawyer in messy scandal

Bulawayo lawyer Mlweliwenkululeko Ncube has been implicated in a case in which an elderly woman's house was sold without her knowledge, the Chronicle reported.

He is alleged to have facilitated the drawing up of a forged agreement of sale for house number 7559/10 Tshabalala.

Ncube was suspended from the Law Society of Zimbabwe (LSZ) two years ago and subsequently de-listed on allegations of failing to carry out his mandate and misappropriating clients' money.

His former senior partner, Masimba Munjanja who he worked with at Munjanja and Associates Legal Practitioners was in 2012 sentenced to five years in jail for a similar case of defrauding a 72-year-old home seeker of more than 30,000 rand.

Ncube has been implicated in a case involving Maina Sibanda, 52, Vaina Moyo, 53, and Brilliant Nyathi, 30 who are facing charges of theft of about $10,000 after they allegedly sold a house belonging to Sophie Mpofu, 59 without her knowledge.

The court was told that the forged agreement of sale  that facilitated the sale of the Tshabalala house was prepared at Munjanja and Associates in 2010.

Mpofu who resides in Harare inherited the house from her brother who died in 1961. It is alleged that Sibanda of Nkulumane 12, Moyo of Queens Park and Brilliant Nyathi of Tshabalala sought the assistance of an estate agent, Moses Musona to sell the house in October 2010.
Sibanda allegedly approached Musona with an unidentified elderly woman she claimed was Sophie Mpofu, the owner of the house claiming she was helping her to sell her house.

Ncube allegedly drew up the agreement of sale, which bore Mpofu's forged signature. On an unknown date, Sibanda, Ncube and Musona allegedly led the prospective buyer of the house, Regina Chingombe and her agent only identified as Ndebele to Tshabalala Housing Office to check on the status of the house.
It is said with the help of an unnamed housing officer, they told Chingombe and Ndebele that all documents about the property were in order and they could buy.

Chingombe was allegedly told to pay $9,000 to Munjanja and Associates which Ncube would keep until finalisation of transfer of the property.

Sibanda claims Mpofu demanded $2,000 upfront, which she was given but Mpofu denies this. Mpofu's nephew Bornface Kaseke, who has special power of attorney on behalf of Mpofu, told the court that his aunt never wanted to sell the house.

Kaseke said the estate agent denied ever drawing the agreement of sale and referred them to Munjanja and Associates where they established that Ncube was responsible and eventually went to seek advice from LSZ because there was no detail about the seller on the document.

He told the court that Sibanda allegedly produced a forged court order allowing her to sell the house and she reportedly refused to visit the LSZ offices when invited to do so.

Kaseke said at some stage they went to LSZ when the details of the person who had sold the house could not be established, and Ncube's name was appearing.

Prosecuting, Goodluck Katenaire said the accused hatched a plan on October 1, 2010 and advertised the house. In her defence, Sibanda said she was approached by Mpofu's son who told her that her rural based mother wanted to sell the particular house.

Moyo told the court that she was approached by Musona while Nyathi said the complainant told her she was selling the house.
Nontokozo Dube, of Dube-Tachiona and Tsvangirai Legal Practitioners represented the trio.

The trial which is before Mark Dzira continues next Friday.