David Coltart Mayoral chances hang in balance amidst US$13 000 theft of Trust Funds allegations

Ward 4 Councilor-Elect David Coltart's ambitions to become Mayor of Bulawayo seem to be hanging by a thread after allegations have arisen and widely reported that he is personally fingered together with his partners at Webb Low and Barry law firm in allegations involving the theft of US$13 000 worth of Trust Funds.

According to papers in possession of this reporter, the Council of the Law Society of Zimbabwe wrote to Coltart informing him that they have resolved to find him guilty of contravention of By Law 3 (35) of the Legal Practitioners (Code of Conduct) SI 37 of 2018.

According to court papers, Ndabezinhle Lorenzo Maseko is seeking compensation in the amount of USD 13,000 or its equivalent at the prevailing bank rate, along with an order for costs of suit at attorney-client scale. The legal dispute stems from Maseko's claim that the law firm and Coltart failed to remit funds rightfully due to him.

According to court documents, Maseko asserts that he engaged the services of Webb Low and Barry law firm and David Coltart in 2013 to recover sums amounting to USD 47,000 on his behalf. Following this engagement, deposits totaling USD 5,000, USD 8,000, and USD 6,000 were made into the firm's trust account. However, it wasn't until April 28, 2021, that Maseko allegedly discovered that the law firm and Coltart had received these funds. Furthermore, Maseko claims that neither party informed him of these transactions nor remitted the funds to him.
Upon confrontation, David Coltart and the law firm reportedly offered to settle the matter by paying Maseko RTGS 13,000, which is denominated in Zimbabwean currency. This offer, however, falls significantly short of the equivalent value in US dollars, raising questions about the alleged misappropriation of funds and the subsequent attempt to resolve the matter.

Speaking to this reporter, Maseko said, "I am genuinely disappointed in the way in which David Coltart and his partners trading as Webb Low and Barry law firm has conducted themselves concerning this matter. All I want is my US$13 000 and the Law Society' position on the unprofessional conduct as partners and as a Law Firm in on record. I will fight tooth and nail and will neither sleep or slumber until Coltart and his colleagues give me my money."

Commenting on the matter Legal Expert Mpumelelo Dube said, "Coltart and his law firm cannot hide behind a legal finger because a law firm has no separate legal existence apart from its partners in Zimbabwe so he is personally and professionally responsible for payment of the US$13 000 to Maseko. What makes Coltart's position legally untenable is that the Law Society of Zimbabwe has convicted as Senior Partner and his Law Firm and the complainant has dragged him to court and instead of the honoring thing of settling the matter, Coltart is defending the matter.

"To imagine this is the man who want to be the Mayor of and Superintend over the affairs of Bulawayo in unimaginable and shameful. Fellow Councilors must defeat his bid for the Mayoral position."

Adding on the above, Political Analyst Nicholas Ncube said, "The people of Bulawayo must be vigilant if making sure that they get a Mayor and Deputy Mayor who has their best interest at heart. We can not have a dishonest person like Coltart who has been convicted by the law Society to run the office of the mayor. Remember that the Electoral Act considers dishonest as a serious crime.

"Remember also that David Coltart lost the primary elections of his party to some other person but was imposed by Harare. Let the people of Bulawayo defend their right proper, genuine and honest representation."