Lawyer arrested for theft

A lawyer in Chinhoyi has been arrested on allegations of stealing more than $100 000 from a client after being given an ATM card to settle legal fees.

Burukai Muchadzireva (42) is still assisting police with investigations.

The incident occurred between December 8 and 20 last year.

National police spokesperson Assistant Commissioner Paul Nyathi said: "The ZRP confirms the arrest of a legal practitioner, Burukai Muchadzireva (42), in connection with a case of fraud which occurred between December 8, 2021 and December 20, 2021 in Chinhoyi.

"The complainant reported that the suspect fraudulently withdrew $102 439,20 from the complainant's sister account after he was given the ATM card to settle legal fees amounting to $41 059,23."

In November last year, the Law Society of Zimbabwe (LSZ) shut down 16 law firms whose principals failed to produce on demand money deposited by clients into their trust accounts, took fees without doing any work, or could not pay their bills and were even using borrowed chairs.

Setting up a law firm by a graduate lawyer who has worked briefly under supervision after graduating only demands a practising certificate, a desk and a chair.

The practising certificate is issued once the LSZ is confident the lawyer or legal firm has proper audited accounts and can hold money for other people, such as is almost always required in a property transaction.

Misuse of trust funds tends to happen with young lawyers who crave for a higher life before they are well established.

They dip into the funds they hold for others, meaning to repay, and then get caught during an audit. Even if they can repay, they are still not allowed to practice law. In a notice published last week, the Law Society of Zimbabwe listed 23 law firms whose curatorship had just been wound up, 16 of which were shut due to abuse of trust funds and other disciplinary issues.

The other seven were all respectable law firms, but the principal had died and so they could not continue.

The 16 are: MS Chinyenze & Associates, Allen Moyo Attorneys, Machokoto & Partners, Obedience Machuvaire Attorneys, James Mutsauki Legal Practitioners, Cheda & Partners, Tawona & Jaravani (Harare branch), Maganga & Company, Hute & Partners, AR Chizikani, Gonesi & Partners, Mutebere and Company, Muskwe & Associates, M Chasakara Law firm, Marondedze & Makuku legal Practitioners and JP Oberholzer.

The seven firms shut due to death are: Dumbutshena & Company, Chibune & Associates, Rugwaro & Associates, Zvinavakobvu Law Chambers, Takundwa & Company, DW Mhiribidi & Company and Khanda & Company.

The LSZ invited clients to visit the curators of the 23 law firms for collection of their case files so they could take these to whoever they selected to offer them legal advice.