News / National
Fraudulent lawyer deregistered
22 Sep 2018 at 04:23hrs | Views
THE Law Society of Zimbabwe (LSZ) has deregistered Russel Dzete from practising law as he is yet to submit his practising certificate following his fraud conviction. Dzete together with two accomplices defrauded a home-seeker of more than $13 000 earlier this year.
Dzete (34) of Athlone Flats in the city centre and his accomplice, Austin Moyo (62), were convicted by Bulawayo regional magistrate Mr Joseph Mabeza after a full trial.
In a statement on Thursday, LSZ executive secretary Mr Edward Mapara said members of the public should know that Dzete has been using his practising certificate in contravention of the Legal Practitioners Act.
"In terms of Section 78 of the legal Practitioners Act Chapter 27:07, Mr Dzete was supposed to have surrendered the practising certificate for destruction upon leaving Maseko Law Chambers. The certificate therefore became invalid upon his resignation from Maseko Law Chambers," he said.
Mr Mapara said Mr Dzete no longer has right of audience in any court, Deeds Registry, police station or prison.
"He has no right whatsoever to practice law in Zimbabwe unless it is regularised in terms of the law. Members of the public and institutions are being advised to desist from dealing with Mr Russel Dzete until such a time when he has regularised his licensing status upon confirmation of such with the executive secretary," he said.
According to LSZ, those who continue to deal with Dzete do so at their own peril and shall have no recourse with the Law Society of Zimbabwe or the Law Society of Zimbabwe Compensation Fund.
Agreed facts are that sometime in November 2015, Dzete, who was employed at Marondedze, Mukuku and Partners Law firm in Bulawayo which has since been placed under curatorship, connived with Moyo and Maibvise to defraud Ms Kairezi and her late husband.
Maibvise placed an advertisement in a local newspaper purporting to be selling a residential stand in Bulawayo's Selbourne Park suburb and Ms Kairezi, who was looking for a residential stand, saw the advert.
She contacted Maibvise and the two agreed to meet so that she could view the stand. The complainant was satisfied with the size of the stand which was being sold for $13 000 and she agreed to buy it upon being assured by Maibvise that the transaction would be handled by lawyers.
On December 2 in 2015, Maibvise invited Ms Kairezi to Dzete's offices to finalise the sale of the property. Dzete assured her that all the papers were in order and she was satisfied with his explanation on the strength that he was a lawyer.
In March 2016 after paying for the stand, she proceeded to occupy the residential stand and spent $9 500 on developing it. Ms Kairezi later discovered that the stand did not belong to Maibvise and demanded a refund from Dzete. He refunded her the $9 500 and when he failed to pay the balance, she reported the matter to the police.
In another matter still before the courts, Dzete allegedly teamed up with Moyo, Binary Mkandla, Edmund Makonese and Simangaliso Muringi and defrauded three home seekers of $38 600 and R60 000 by selling them non-existent stands last year.
Dzete (34) of Athlone Flats in the city centre and his accomplice, Austin Moyo (62), were convicted by Bulawayo regional magistrate Mr Joseph Mabeza after a full trial.
In a statement on Thursday, LSZ executive secretary Mr Edward Mapara said members of the public should know that Dzete has been using his practising certificate in contravention of the Legal Practitioners Act.
"In terms of Section 78 of the legal Practitioners Act Chapter 27:07, Mr Dzete was supposed to have surrendered the practising certificate for destruction upon leaving Maseko Law Chambers. The certificate therefore became invalid upon his resignation from Maseko Law Chambers," he said.
Mr Mapara said Mr Dzete no longer has right of audience in any court, Deeds Registry, police station or prison.
"He has no right whatsoever to practice law in Zimbabwe unless it is regularised in terms of the law. Members of the public and institutions are being advised to desist from dealing with Mr Russel Dzete until such a time when he has regularised his licensing status upon confirmation of such with the executive secretary," he said.
According to LSZ, those who continue to deal with Dzete do so at their own peril and shall have no recourse with the Law Society of Zimbabwe or the Law Society of Zimbabwe Compensation Fund.
Agreed facts are that sometime in November 2015, Dzete, who was employed at Marondedze, Mukuku and Partners Law firm in Bulawayo which has since been placed under curatorship, connived with Moyo and Maibvise to defraud Ms Kairezi and her late husband.
Maibvise placed an advertisement in a local newspaper purporting to be selling a residential stand in Bulawayo's Selbourne Park suburb and Ms Kairezi, who was looking for a residential stand, saw the advert.
She contacted Maibvise and the two agreed to meet so that she could view the stand. The complainant was satisfied with the size of the stand which was being sold for $13 000 and she agreed to buy it upon being assured by Maibvise that the transaction would be handled by lawyers.
On December 2 in 2015, Maibvise invited Ms Kairezi to Dzete's offices to finalise the sale of the property. Dzete assured her that all the papers were in order and she was satisfied with his explanation on the strength that he was a lawyer.
In March 2016 after paying for the stand, she proceeded to occupy the residential stand and spent $9 500 on developing it. Ms Kairezi later discovered that the stand did not belong to Maibvise and demanded a refund from Dzete. He refunded her the $9 500 and when he failed to pay the balance, she reported the matter to the police.
In another matter still before the courts, Dzete allegedly teamed up with Moyo, Binary Mkandla, Edmund Makonese and Simangaliso Muringi and defrauded three home seekers of $38 600 and R60 000 by selling them non-existent stands last year.
Source - chroncile
