Lawyer reported to LSZ over Mnangagwa appeal

A Harare-based legal practitioner is facing scrutiny after a businessman lodged a formal complaint with the Law Society of Zimbabwe (LSZ), alleging that she breached professional ethics by seeking executive intervention in a matter that is before the courts.

Lawyer Kundai Gloria Gumbo, who represents businessman Kurt Louis Heyns in a long-running ownership dispute, has been accused by Believe Guta, managing director of Balwearie Holdings (Private) Limited, of co-authoring a letter with her client addressed to President Emmerson Mnangagwa requesting his intervention in the legal dispute.

The correspondence reportedly relates to a protracted ownership battle involving several properties held under Balwearie Holdings.

In his complaint to the LSZ, copied to Judge President Mary Zimba-Dube, Guta argued that the letter undermined judicial independence and violated the ethical obligations expected of legal practitioners.

"Notwithstanding the existence of court orders and pending litigation, Ms Gumbo and her client authored correspondence inviting the intervention of the Head of State in relation to issues that were already before competent courts and those that were already determined," Guta wrote.

He argued that legal practitioners, as officers of the court, have a constitutional duty to uphold the independence of the judiciary and respect the separation of powers.

According to Guta, seeking executive intervention in matters that are either pending before the courts or already determined risks creating the perception that legal disputes can be resolved through political influence rather than through the judicial process.

"I hereby lodge a formal complaint against Ms Kundai Gloria Gumbo, a legal practitioner who acted on behalf of Mr Kurt Louis Heyns. In my respectful view, such conduct raises serious concerns regarding the professional obligations of a legal practitioner," he stated.

Guta has requested the Law Society of Zimbabwe to investigate whether Gumbo's conduct is consistent with her professional obligations and whether it upholds public confidence in the legal profession.

The complaint arises from a long-running legal dispute over the ownership of Sabonabona Estate, a large agro-residential housing development in Kadoma, and the legitimacy of Balwearie Holdings.

According to Guta, the dispute has been the subject of numerous court proceedings, with several judgments having been handed down in favour of his company, while some related matters remain pending before the courts.

Heyns and his associates have claimed control of the original Balwearie Holdings, which was registered in 1977, and previously sought to evict residents occupying the Kadoma property.

However, the Supreme Court ruled in favour of Guta, while the Registrar of Companies and several High Court decisions concluded that the 1977 Balwearie entity had been dissolved and recognised Guta's Balwearie Holdings as the lawful registered company.

The dispute has also extended beyond the commercial arena into the judicial sphere.

Guta previously accused former High Court judge Justice Webster Chinamora of judicial misconduct, alleging that a controversial judgment had been issued on an unargued matter and was later removed from court archives.

Those allegations ultimately resulted in the establishment of a presidential tribunal to investigate the former judge's conduct.

At the time of publication, the Law Society of Zimbabwe had not publicly indicated whether it had opened formal disciplinary proceedings arising from Guta's complaint.