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Welder

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Sternford Moyo, a distinguished lawyer and a senior partner and chairman of one of Zimbabwe’s oldest and largest law firms, Scanlen &amp; Holderness, has died.
Moyo, a former president of the Law Society of Zimbabwe, died at Borrowdale Trauma Centre in Harare on Friday morning after a short illness.
His death was announced by the Law Society of Zimbabwe in a statement released on July 5. Reads the statement:
<blockquote>
It is with a heavy sense of grief and loss that the Law Society of Zimbabwe informs you of the untimely passing on of former President Sternford Moyo.
Mr Moyo represents a rare breed of legal practitioners and business leaders who have blazed a trail on the global stage.
The profession in Zimbabwe is all the poorer for his passing. Mr Moyo died early Friday 5 July 2024.
Having served as President of the Law Society of Zimbabwe from 2000-2004, Mr Moyo went on to lead the Southern African Development Community Lawyers’ Association (SADC-LA) and co-chaired the Human Rights Institute of the International Bar Association.
Mr Moyo reached the zenith of the administration of the legal profession when he was elected as the first President of the International Bar Association of African origin, in January 2021.
Mr Moyo earned the rare honour of being awarded the Freeman of the City of London on 28 September 2022.
He also served on several boards including as chairman of Stanbic Bank Zimbabwe Limited, chairman of Schweppes Zimbabwe Limited, chairman of the Zimbabwe Revenue Authority, Delta Beverages and a director of several companies including Alpha Media Holdings Limited and PPC Limited.
Mr Moyo was at the time of his death a senior partner and chairman of one of Zimbabwe’s oldest and largest law firms, Scanlen &amp; Holderness, which he joined in 1981.
Mr Moyo was born on 28 May 1956. He was admitted as a legal practitioner in 1982. He is survived by his wife Mrs Sarah Moyo and 3 children.
The legal profession and Zimbabwe as a country have lost one of its luminaries in the field of law as well as business administration.
Council of the Law Society of Zimbabwe, members and staff express their deepest condolences on this very tragic loss.
Our thoughts and prayers are with his family and friends. May His Dear Soul Rest in Eternal Peace.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Renowned Zimbabwean Lawyer, Sternford Moyo, Has Died

The Law Society of Zimbabwe (LSZ) has refuted a report claiming that lawyers are stealing trust funds” and that some “700 lawyers” are under investigation for Trust Fund maleficence”.
In a statement, the Law Society of Zimbabwe described the report as “woefully inaccurate”. Reads the statement:
<blockquote>
The Law Society of Zimbabwe (LSZ) has realised the need to issue this statement to correct reported information which was wrongly interpreted to the prejudice of the public.
For reasons unknown, a positive contribution to the literature on legal education has been turned into a weapon to attack the legal profession by some malicious commentators.
On 22 March 2024 Mr Lloyd Mativenga Mhishi, a senior member of our profession, launched his book, “Being the Best Lawyer” at a colourful ceremony which was well received and which, from the solidarity messages, was embraced by not only the legal profession but by other different sectors represented at this ceremony.
The book based on the author’s personal experiences, is full of anecdotes which are aimed at motivating a positive behavioural change within budding lawyers seeking to achieve success as lawyers.
The book which is founded on the proverbial philosophy of experience being the best teacher, was warmly received by many lawyers.
The foreword to the book was authored by the Secretary of the Law Society of Zimbabwe, Mr Edward Mapara, in appreciation of the useful lessons embodied in the book and as an endorsement of the value of the book to the profession.
In his speech launching the book, Mr Lloyd Mhishi bemoaned the waning standards amongst some legal practitioners.
This was latched on to by some sections of the media and commentators to sound the proverbial death knell on the legal profession.
Mr Mhishi did not refer to any statistics and did not expressly state the purpose of the book as aimed at unearthing the prevalence of unprofessional conduct, notably theft of trust funds.
He rather exhorted members of the profession to remain vigilant and protect the core values of the legal profession. The statistics purportedly presented by some sections of the media are woefully inaccurate.
The Law Society of Zimbabwe expresses its deep concern over the numerous posts which have found their way onto social media which are inaccurate.
The stories, dangerously generalise what was a practical peer review and professional introspection by a seasoned legal practitioner into an attack on the legal profession claiming, “lawyers are stealing trust funds” and that some “700 lawyers” are under investigation for Trust Fund maleficence” while “an average 100 lawyers are being de-registered annually”.
This could not be further from the truth. The statistics relied on in the media reports were plucked from another unrelated and equally distorted story from 2023.
It is sad that writers do not bother to fact check but rather prefer perennially recycling totally wrong information and packaging it for the public to grab cheap attention.
Such statements unnecessarily cause alarm and despondency among the public who entrust their legal affairs to the hands of the profession’s members.
The Law Society of Zimbabwe receives many complaints annually and has played its role as enabled by the relevant laws and policies in ensuring effective investigation of these complaints.
Some complaints found to be frivolous and vexatious have been summarily dismissed for lack of merit and within the scope of the relevant legislative and policy provisions.
There are indeed other cases with merit that have been investigated with strict adherence to administrative justice principles where both parties exercise their right to be heard.
In all cases where the implicated legal practitioners are found guilty of acts of unprofessional conduct, the LSZ Council has exercised its right to impose various deterrent measures as within its powers including but not limited to, fines and or reprimands.
In limited cases of a serious nature, the LSZ Council is statutorily mandated to refer the implicated lawyers to the Legal Practitioners Disciplinary Tribunal (LPDT).
The Tribunal, on assessment of evidence from all affected parties has the right to order suspension, de-registration, fines or any other sentence it deems fit.
All these efforts have been made in the interest of both the litigants who put their trust in lawyers as well as safeguarding the integrity of the profession.
The LSZ therefore puts it on record that, the number of complaints received over a year does not necessarily translate to the total number of lawyers who end up de-registered and or under investigation by the Regulator.
Information on the total number of lawyers de-registered to date is available on the LSZ website and has also been shared on inquiry. The totals have not yet reached 100 so far over a period of over 40 years.
It is disturbing that some “professional” writers do not even avail themselves of the information that is publicly and freely available before putting pen to paper.
The legal profession remains an effectively regulated profession. The public is assured that they can entrust their legal affairs to the hands of their legal practitioner without fear of prejudice.
This assurance is premised on the fact that the lawyer one chooses to deal with is registered and properly licensed by the Law Society.
The LSZ also readily shares information on the licensing status of any lawyer to those making inquiries and anyone wishing to do so can visit the website or call the LSZ contacts for information.
The Law Society of Zimbabwe thus remains committed to ensuring that the legal profession serves with integrity and advance justice and the rule of law in Zimbabwe as per its statutory mandate.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Law Society Of Zimbabwe Issues Statement On State Of Legal Profession In Zimbabwe

Nearly 700 lawyers are currently under investigation for various malpractices, the Law Society of Zimbabwe (LSZ) has revealed.
LSZ corporate communications manager Richard Chidza told <a href="https://www.sundaymail.co.zw/700-lawyers-under-investigation">The Sunday Mail</a> that they have already deregistered 63 lawyers across the country, since the beginning of the year.
He said between 2017 and 2022, 60 lawyers were deregistered by the LSZ for bringing the profession into disrepute through their misconduct.
Some of the lawyers were disqualified from practising for misappropriating trust funds or failing to render legal services after clients had paid their fees.
Chidza revealed that the complaints lodged against legal practitioners have cumulatively risen to 698, with one “security case” dating back to 2016. He said:
<blockquote>
At the beginning of this year, the Law Society of Zimbabwe had 467 complaint cases that were at various levels of being dealt with, from the Secretariat, Council, through to the Disciplinary and Ethics Committee, and the Legal Practitioners Disciplinary Tribunal.
Since the beginning of the year, the LSZ has received 231 new complaints, bringing the total to 698.
Cumulatively, the Law Society of Zimbabwe has decisively dealt with 197 cases within the last eight months.
The total number of legal practitioners who have been deregistered stands at 63.
We have not classified these cases according to complaints categories, but most of them include clients alleging having paid for a service they have not received from our members.
There are also cases of charging beyond the prescribed rates and abuse of trust funds.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

698 Lawyers Under Investigation By Law Society Of Zimbabwe

The Law Society of Zimbabwe (LSZ) on Thursday, 06 July, issued a statement following the attack on one of its members, Obey Shava.
Shava was severely assaulted and left for dead by at least four unknown assailants on Wednesday evening in Harare. LSZ said:
<blockquote>
The Law Society of Zimbabwe has noted with concern the brazen and unprovoked, violent attack on one of its members, Mr. Obey Shava of Shava Law Chambers. The attack is said to have occurred in Harare on the night of Wednesday, the 5th of July 2023.
The elaborate manner in which the attackers executed the attack is consistent with previous attacks on legal practitioners as a result of the execution of their duties as lawyers.
The Law Society of Zimbabwe is also concerned that violence against legal practitioners has continued to increase recently.
A few months ago, another member, Mr. Kudzayi Kadzere, was also assaulted by the police while rendering services as a legal practitioner to his clients.
To date, his assailants have not been arrested and held accountable for their actions.
In another case, Mrs. Fadzai Traquino, the Director of Women and Law Southern Africa Research Trust (WLSA), was subjected to cyberbullying by a disgruntled litigant resulting from her representation of the litigant’s estranged wife in a custody dispute.
The cyber-bullying of Mrs. Traquino through social media platforms was uncalled for because it sought to associate lawyers with their clients’ cause.
Lawyers have a right and an obligation to represent their clients free from bullying or threats of violence against their person.
The Law Society of Zimbabwe is appalled by the increase in attacks and the use of violence against legal practitioners because these acts directly undermine the Rule of Law in Zimbabwe.
Furthermore, the timing of the attacks is worrisome, given the upcoming harmonized elections. Inevitably disputes will arise, and parties have a constitutionally protected right to legal representation of their choice.
In this regard, the chosen lawyers should freely practice their profession without fear, favour, or at risk of being associated with their clients’ causes.
Attacks such as on Mr. Shava create negative perceptions about Zimbabwe’s human rights record. We, therefore, call upon the police to diligently investigate all cases of violence against legal practitioners.
We call upon the police to apprehend Mr Shava’s assailants.
We once again call for the authorities to ensure the safety of legal practitioners, particularly now as the country prepares for the general elections scheduled for August 23 this year.
We further call on all the relevant authorities to respect the principles and practices which advance the rights of lawyers to freely represent their clients in line with the regional and international standards that Zimbabwe acceded to.
The Law Society of Zimbabwe remains committed to upholding justice and the rule of law.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Law Society Of Zimbabwe Condemns "Brazen And Unprovoked" Attack On Obey Shava

The Law Society of Zimbabwe (LSZ) has suspended Doreen Vundhla-Phulu’s licence and placed her law firm Vundhla and Partners under curatorship.
Vundhla is under investigation by LSZ following allegations of her defrauding a client of US$26 000.
Vundhla (41) of Burnside suburb in Bulawayo is the wife to Citizens Coalition for Change (CCC) Nkulumane Member of Parliament Kucaca Phulu.
She allegedly duped Innocent Makope of his money in the sale of a fictitious residential stand.
Bulawayo lawyer Vonani Mojoko was appointed curator to manage Vundhla-Phulu and Partners’ activities.
In a notice, the LSZ warned the public from seeking Vundhla’s legal services until further notice. Reads the notice:
<blockquote>
Notice is hereby given that, on the 16th of March 2023, Mrs Doreen Vundhla-Phulu of Vundhla-Phulu and Partners was suspended from practising law.
The law firm was placed under curatorship for a period of six weeks pending further investigations.
Accordingly, she is not entitled to any legal work on behalf of the public during this period until further notice and any other member of the public who seeks her legal services under the circumstances does so at their own risk.
Please take note that the Law Society Compensation /fund will not be responsible for any claims arising from work done after his notice.
Furthermore, any persons who may be owed by Doreen Vundhla-Phulu in relation to her professional duties, are advised to approach the curator Vonani Majoko and Majoko Legal Practitioners.
</blockquote>
Vundhla recently appeared before Bulawayo magistrate Rachael Mukanga facing fraud charges and she was remanded to 9 May, reported <a href="https://www.chronicle.co.zw/law-society-suspends-lawyer-doreen-vundhla-phulu/">the Chronicle</a>.
According to court papers, sometime in 2018, Makope bought a house and engaged Vundhla to process some paperwork to change ownership.
Vundhla allegedly told Makope she was also selling a stand in the Sunninghill suburb for US$30 000, a charge she later reduced to US$26 000.
Makope allegedly transacted an amount of $40 000 in local currency after the two had sealed an agreement and the money was equivalent to US$26 000 at the time.
Makope later learned that the stand he had purchased was no longer available and Vundhla promised to find a replacement for him but failed to do so.
A report was made to the police leading to Vundhla’s arrest.
Fraud is a common problem in Zimbabwe. The most common types of fraud include credit card fraud, identity theft, and investment scams.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Law Society Of Zimbabwe Suspends Lawyer Doreen Vundhla-Phulu

Harare lawyer Sifiso Mugadza has been barred from legal practice for three years by the Law Society of Zimbabwe (LSZ), reported <a href="https://www.herald.co.zw/lawyer-slapped-with-suspension-over-kickbacks/">The Herald</a>.
Mugadza pleaded guilty to unprofessional conduct when he appeared before the Legal Practitioners’ Disciplinary Tribunal, chaired by High Court Judge Justice David Mangota.
David Kanokanga and Sarah Moyo were the other members of the panel.
Mugadza’s law firm was placed under curatorship for the same three years so his other clients do not suffer from his enforced absence.
LSZ had sought the de-registration of Mugadza but imposed a lesser penalty after he admitted to the charges.
Allegations were that Mugadza practiced under Madanhi, Mugadza and Company Attorneys At Law, in Harare and the law firm was on a panel of law firms used by CBZ and its associated companies.
He would be allocated debt collection and conveyancing work by the bank.
Between July 2016 and October 2018 and on several occasions, Mugadza entered into an illicit deal with Noah Munaki, CBZ’s former manager in charge of recoveries, where the lawyer would pay him 15 to 20 percent of his earned fees.
The payments to Munaki were kickbacks for work allocated to Mugadza.
It was established that during that period a total of 32 payments amounting to US$434 698 were made to Munaki.
The payments were made from Mugadza’s trust account, business, or personal account into the bank account of Munaki’s wife, Coderius Matore.
Mugadza submitted a 10-page mitigation to move the tribunal “not to put his neck under the guillotine”.
In his remarks before sentencing the lawyer, Justice Mangota said his conduct undermined public confidence in the legal profession and his moral blameworthiness was very high. He said:
<blockquote>
The respondent (Mugadza) is suspended from practicing as a legal practitioner, notary public, and conveyancer for a period of three years.
</blockquote>
Mugadza’s law firm will be placed under curatorship for it to continue as a going concern.
The illicit deal between Munaki and Mugadza came to light in 2018 after the bank received an anonymous tip-off.
Munaki was found to be involved in underhand dealings with several of the law firms on the CBZ panel of legal services providers.
Mugadza’s firm was one of the firms involved.
The Law Society of Zimbabwe is responsible for representing and regulating how lawyers and law firms operate in Zimbabwe.
Its membership is drawn from all registered legal practitioners in Zimbabwe in private practice, commerce and civil service.
It is the duty of LSZ to ensure, as far as it is able, that its members measure up to the high standards required of them.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare Lawyer Barred For Three Years For Receiving Kickbacks

<h2>Full statement by the Law Society of Zimbabwe on the escalation of political violence in the country.</h2>
<blockquote>
The Law Society of Zimbabwe, notes with grave concern reports of what seems to be an escalation of political violence in some parts of the country.
A particular incident is of a recording that is circulating on social media showing some senior citizens being beaten up for what appears to be their choice of political affiliation in Mashonaland East’s Murewa district.
While police have indicated publicly that they are investigating the case and have issued an update on the progress made to date, it is important that stakeholders raise the red flag immediately in order to have such deplorable conduct nipped in the bud. This is even more so given that we are in an election year.
The outbreak of violence is disconcerting to anyone who wishes Zimbabwe well. The scourge of political violence has continued to be a blot on our electoral processes for decades and given indications of political will to end it, it is important that decisive action be taken now to end it.
The Law Society of Zimbabwe on behalf of the profession, calls on all political leaders to commit to non-violence not only in word but also in deed.
Insincere public pronouncements against political violence will not end the vice. Politicians must stop speaking with forked tongues, declaring a commitment to a violent free election by day while coaxing their supporters to terrorise citizens by night.
Zimbabwe now more than ever needs its leaders across the political divide to show maturity and leadership.
If the country is to reap the rewards of the country’s engagement and re-engagement thrust as espoused by the government, it is important that all actions are synchronised to achieve the goals of this policy.
The right to political choice is deeply engrained in our constitution and no one has a right to vary it at a whim.
We urge police to act with speed to bring to account those implicated in the Murewa violence as a way of sending a clear message to all and sundry against such actions.
</blockquote>

Law Society Of Zimbabwe Statement On Murewa North Political Violence | Full Text

The Law Society of Zimbabwe (LSZ) has warned members of the public to be wary of lawyers who loiter at the magistrates’ court to tout legal work and solicit payments without offering receipts.
In a statement, LSZ Executive Secretary Edward Mapara the public should report such lawyers to the nearest police station as the practice is not allowed. Reads the statement:
<blockquote>
The Public is being warned to desist from giving instructions to any persons masquerading as lawyers at the Magistrates Court. Before engaging the lawyer, ensure the following;
a) That the person purporting to offer legal services is duly registered and licensed by the Law Society of Zimbabwe to offer such services. Proof of such licence can be in the form of a valid Practising Certificate for that year.
b) Should one want to verify whether the person purporting to offer legal services is indeed licenced, they can contact the Law Society and speak to the Regulation Department Harare (Joyce or Alice) on 0242-751000, 0242-779207-9, or Pride in Bulawayo on 02922-60861, 0292260843.
Should members of the public be approached by unregistered and unlicensed persons purporting to offer legal services, they should report them to the police post at the court or any nearest police station and such persons will be subjected to prosecution.
THE PUBLIC IS FURTHER WARNED TO DESIST FROM DEALING WITH ANY REGISTERED AND LICENSED LAWYERS WHO LOITER AT THE MAGISTRATES’ COURTS FOR PURPOSES OF SECURING LEGAL WORK (TOUTING) AND TAKING LEGAL FEES WITHOUT ISSUING A RECEIPT.
It is serious misconduct for any licensed lawyer to loiter at the courts for purposes of soliciting legal work.
Any licensed lawyer found to be touting at the courts will be subjected to disciplinary action by the Law Society of Zimbabwe.
PLEASE NOTE THAT THE LAW SOCIETY HAS THE DIRECTORY OF ALL LICENSED LEGAL PRACTITIONERS WHO ARE PERMITTED TO OFFER LEGAL SERVICES AND ANYONE WILLING TO VERIFY THE LICENSING STATUS OF A LAWYER IS AT LIBERTY TO DO SO THROUGH TELEPHONING THE LAW SOCIETY OF ZIMBABWE ABOVE OR EMAIL: joyce@lsz.co.zW; alice@lsz.co.zw or check our website www.lawsociety.org.zw
</blockquote>

Law Society Warns The Public Against Engaging "Touts" At Magistrates' Court

LAW SOCIETY OF ZIMBABWE RESPONSE TO ATTACKS ON ITS DISCIPLINARY PROCESSES AND REGULATORY FRAMEWORK
In the past few months, the Law Society of Zimbabwe has become the target of attacks particularly since submitting an application challenging Constitutional Amendments No. 1 &amp; 2.
It is clear from the provisions of the law that the Law Society has not veered from its objects and inferences to the contrary by some characters are aimed at soiling the image of the profession, the Society and its membership.
The decision to challenge the two amendments is within the remit of the Law Society’s objects of existence as provided for in Section 53 of the Legal Practitioners Act, which reads in part; The objects and powers of the Law Society shall be inter, alia, 
to,
(b) to represent the views of the legal profession and to maintain its integrity and status;
(c) to define and enforce correct and uniform practice and discipline among legal practitioners;
m) to consider and discuss and to confer with other bodies on alterations and reforms in the practice, procedure and administration of the law and to propose, promote or oppose legislation in Parliament;
r) to employ the funds of the Society in obtaining or assisting any person to obtain a judicial order or judgement on a doubtful or disputed point of law where the Council of the Society deems it necessary or desirable in the interests of the public or the legal profession.
In challenging the amendments and taking any other action in support of or against the legislation, the overriding aim of the Law Society has always been to support the delivery of justice in Zimbabwe, protect the independence of the legal profession and maintain public confidence in the judiciary.
Attacks have further been aimed at the Law Society’s disciplinary processes and regulatory functions which are also provided for by law.
There seems to be a clearly constructed narrative to create a schism or rift within the profession establishing opposing camps along racial or political lines.
This we believe is aimed at weakening the unity of the profession and tarnishing the Law Society’s reputation and public standing as an independent professional body.
The Law Society remains a non-partisan, apolitical and independent institution driven by the needs of its membership and protection of the public from errant lawyers.
Decisions to discipline members take into cognisance the rules of natural justice and are made in terms of processes outlined in the Legal Practitioners Act and the Law Society of Zimbabwe By-Laws.
The members are entitled to appeal or seek a review of any decision.
When it comes to de-registration or suspension proceedings the Law Society cannot suspend or de-register a member.
An independent mechanism is established in terms of the LPA where the Law Society must make an application to the Legal Practitioners Disciplinary Tribunal.
The Tribunal is an independent body established by the Act, comprising two sitting judges, one serving as the chairperson and the other deputy chairperson. 
The two other members of the Tribunal are senior lawyers in private practice who are not members of the Law Society Council. 
Before the Tribunal members once again have an opportunity to make full representations and present evidence in opposition to the Law Society’s application.
In terms of inspections, the Law Society is enjoined to enforce standards of practice. From time to time the LSZ issues guiding principles on those minimum standards regarding the opening and running of law firms.
It becomes necessary from time to time that the Law Society through its secretariat goes out to inspect the extent of compliance by law firms in relation to those guidelines and of the provisions of the Legal Practitioners Act which are the conditions for licensing. The Law Society has a systematic and methodical approach to its conduct in this regard.
For years the major criteria for subjecting a law firm to inspection was if the particular firm was trouble signalling, relocating or randomly if the law firm is within the vicinity of those being inspected.
There has been minimal objection or complaints from its members to such criteria over the years except for one or two who following explanations have happily obliged.
One law firm however has exercised its rights in terms of the law and approached the courts for relief.
The Law Society has since developed a roaster that will ensure that in a four-year cycle all law firms would have had one spot check.
Regulation of the legal profession by the Law Society is not done for the benefit of lawyers but the public. This is how it should be viewed.
Obviously, the profession will in the long run benefit from the trust reposed in its activities by the public who will continue to entrust them with work.
The public will repose confidence in the profession drawn from the comfort that lawyers are answerable to some authority and not a law unto themselves.
While the Law Society can never be immune from constructive criticism, the poisonous social media rants from one individual are totally misplaced and a result of a deficiency in information.
If anything the Law Society with respect views this as nothing but mischief aimed at stoking unnecessary tensions within the profession for obvious nefarious personal benefit.
<hr/>
<h4>Law Society of Zimbabwe</h4>

Law Society of Zimbabwe Responds To 'Mischievous' Attacks - Full Statement

Senior lawyer Puwayi Chiutsi faces possible deregistration after a tribunal set up to investigate allegations of misconduct levelled against him, including fraud, concluded that his “conduct was unprofessional, dishonourable, and unworthy and unbefitting of a legal practitioner”.
The Law Society of Zimbabwe (LSZ) instituted investigations into Chiutsi, who registered as a lawyer in 1992, following accusations he knowingly sold land that had been repossessed from him by the Sheriff of the High Court.
The tribunal, chaired by Justice Felistus Chatukuta, found that in the case of Chiutsi’s repossessed land known as Remainder of Subdivision C of Lot 6, Highlands Estate, the lawyer sold it well aware that it was under judicial attachment.
The Sherriff had attached the property in 2017 and sold it to Bariadie Investments. Said Justice Chatukuta:
<blockquote>He was aware that the property had been sold in execution. He had filed numerous applications into the High Court and the Supreme Court to have the sale set aside and was unsuccessful in all instances.
The respondent is a principal in his firm and has been practising for 19 years. His defence that the property was his because it had not yet been transferred into the name of the purchaser smacked of disdain of the law.</blockquote>
This comes barely a month after <a href="https://news.pindula.co.zw/2021/04/19/top-bulawayo-lawyer-de-registered-for-double-dipping/" rel="noopener" target="_blank">the Law Society of Zimbabwe has deregistered Bulawayo lawyer Lloyd Manokere for double-dipping</a> after representing two parties who had conflicted interests.
Manokere, who is the founder of Manokere Attorneys DLA Piper Africa Zimbabwe, <a href="https://news.pindula.co.zw/2021/03/30/top-lawyers-conduct-unworthy-of-a-legal-practitioner-says-tribunal/" rel="noopener" target="_blank">was last month convicted for misconduct after he appeared before a tribunal</a> consisting of justices Felistus Chatukuta and Joseph Musakwa.
<h4>More: <a href="https://www.zimlive.com/2021/05/03/senior-lawyer-puwayi-chiutsi-faces-deregistration-after-indictment-by-tribunal/" rel="noopener" target="_blank">ZimLive.com</a></h4>

Senior Lawyer Faces Deregistration After Indictment By Tribunal

The Law Society of Zimbabwe (LSZ) has deregistered Bulawayo lawyer Lloyd Manokere for double-dipping after representing two parties who had conflicted interests.
Manokere, who is the founder of Manokere Attorneys DLA Piper Africa Zimbabwe, <a href="https://zero.pindula.co.zw/top-lawyers-conduct-unworthy-of-a-legal-practitioner-says-tribunal/" rel="noopener" target="_blank">was last month convicted for misconduct after he appeared before a tribunal</a> consisting of justices Felistus Chatukuta and Joseph Musakwa.
His deregistration was confirmed last Friday by LSZ spokesperson Richard Chidza. Said Chidza:
<blockquote>Yes, he has been deregistered as of April 15.</blockquote>
Manokore Attorneys has, however, expressed displeasure over the verdict through a letter sent to the LSZ, dated April 15. It said in its letter of appeal:
<blockquote>We are extremely disappointed by the tribunal’s ruling and we have appealed the decision to the Supreme Court.
We continue to refute the allegations as well as the sentence. Pending the outcome of the Supreme Court appeal, the partners have appointed Jabulani Nhongo as the managing partner of the firm.
Nhongo will, together with the executive committee of the firm, conduct the business of the firm.</blockquote>
Manokere’s case arose after one Perkins Zhawari and his wife on 20 June 2016 submitted a complaint to the LSZ against him.
The complainants were the owners of immovable property, Lot 2 of Stand Number 91M Bellevue Township in Bulawayo which was sold by Manokere without their consent to National Foods.
Making the ruling in the case in which the LSZ was the applicant, Justice Chatukuta said Manokore unlawfully acted at the same time for two different parties where the interests of the parties were conflicted or were bound to be conflicted. The judge said:
<blockquote>He sold the immovable property of a client without the client’s authority or an order of the court. After selling the property and receiving the purchase price he failed to remit the balance of the purchase price to the client. He instead forwarded the money to the client’s creditor without the client’s consent.
He further disregarded the instructions of the client to revoke a power of attorney. The respondent’s conduct was unprofessional, dishonourable, and unworthy, warranting the deletion of his name from the register of the Legal Practitioners, Notaries and Conveyancers.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2021/04/lsz-deregisters-byo-lawyer-for-double-dipping/" rel="noopener" target="_blank">NewsDay</a></h4>

Top Bulawayo Lawyer De-registered For 'Double-dipping'

A Law Society of Zimbabwe (LSZ) disciplinary tribunal has found a senior lawyer, Lloyd Manokere’s conduct unworthy of a legal practitioner.
Manokere, the founder and managing partner at Manokore Attorneys DLA Piper Africa Zimbabwe, was found guilty of being “unprofessional and dishonourable”.
The LSZ disciplinary tribunal was presided by Justice Felistus Chatukuta and Justice Joseph Musakwa.
Manokere’s case arose after one Perkins Zhawari and his wife on 20 June 2016 submitted a complaint to the LSZ against him.
The complainants were the owners of immovable property, Lot 2 of Stand Number 91M Bellevue Township in Bulawayo which was sold by Manokere without their consent to National Foods.
Making the ruling in the case in which the LSZ was the applicant, Justice Chatukuta said Manokore unlawfully acted at the same time for two different parties where the interests of the parties were conflicted or were bound to be conflicted. The judge said:
<blockquote>He sold the immovable property of a client without the client’s authority or an order of the court. After selling the property and receiving the purchase price he failed to remit the balance of the purchase price to the client. He instead forwarded the money to the client’s creditor without the client’s consent.
He further disregarded the instructions of the client to revoke a power of attorney. The respondent’s conduct was unprofessional, dishonourable, and unworthy, warranting the deletion of his name from the register of the Legal Practitioners, Notaries and Conveyancers.</blockquote>
However, following reports that Manokere had been de-registered, LSZ Corporate Communications Manager Richard Chidza wrote a letter to online publication NewZimbabwe, stating the correct position. Chidza said:
<blockquote>… it is patently false to claim that he [Manokere] has been sentenced or deregistered.
The correct position is that the matter is ongoing before the Tribunal and no sentence has been imposed as yet hence there is no de-registration to speak of.
The matter is, therefore, sub judice.</blockquote>

Top Lawyer's Conduct Unworthy Of A Legal Practitioner, Says Tribunal

The Law Society of Zimbabwe has reportedly deregistered three lawyers after they failed to disclose their past convictions to the body, The Herald reports.
This was revealed by the Law Society If Zimbabwe which reportedly said the trio, Rosewitter Mademo, Auxillia Mangwaira and Andrew Hamandishe were deregistered after a Legal Practitioners Disciplinary Tribunal that was held on December 1 this year.
According to the publication:
<blockquote>The three were deleted from the register of the Legal Practitioners, Conveyancers and Notaries Public.
Madembo and Mangwaira were both found to have failed to disclose a criminal conviction involving dishonest or corrupt dealing when applying for registration as a legal practitioner.
Hamandishe had been convicted of misappropriating trust funds and fraud.
</blockquote>
The Law Society also said it does not have the power to regulate a deregistered lawyer and it will not be liable if anyone is prejudiced after engaging with a deregistered lawyer.
The <a href="https://news.pindula.co.zw/2019/12/21/full-list-law-society-deregisters-these-9-lawyers-report/">Law society deregistered these</a> 9 lawyers last year.
More: <a href="https://www.herald.co.zw/lsz-de-registers-three-lawyers/">The Herald </a>

3 Lawyers Deregistered By Law Society Of Zimbabwe

The Law Society of Zimbabwe (LSZ) has warned members of the public about the existence of a bogus law firm called Simbi Legal Aid which is currently advertising its services on social media platforms.
In a statement on Tuesday, LSZ executive secretary Edward Mapara said their investigations have established that the entity is a front of a law firm which is currently under probe for unprofessional conduct. Mapara said:
<blockquote>It has come to the attention of the LSZ that there is an entity advertising itself on social media platforms as a provider of legal services. The entity is called Simbi Legal Aid.
Investigations conducted by the Society show that the entity is a sham.
The entity is a front for a law firm which is currently under probe for unprofessional conduct.
Be advised accordingly.</blockquote>
The Law Society of Zimbabwe is an association mandated with registering lawyers and regulating how lawyers and law firms operate in Zimbabwe.

Law Society of Zimbabwe Warns Of Bogus Law Firm

<blockquote>In the wake of the COVID-19 pandemic, Zimbabwe responded with measures to reduce its spread and impact on all citizens.
These include the declaration of a national lockdown which commenced on 30th March 2020 and was effective for an initial 21 days before it was extended by a further 14 days to May 3rd 2020.
In order to mitigate the impact of the national lockdown, on April 29th, 2020, the President promulgated, Presidential Powers (Temporary Measures) Deferral of Rent and Mortgage Payments During National Lockdown) Regulations Statutory Instrument 96 of 2020.
The statutory instrument was gazetted in terms of Section 2 of the Presidential Powers (Temporary Measures) Act. SI 96 of 2020 defers payment of rentals in respect of residential premises and all mortgage repayments.
This, in the view of the Law Society of Zimbabwe, brings about an unjustifiable scenario where a commercial landlord who benefits from a deferment of mortgage repayments can still legitimately demand rental payments from his tenants of the same commercial premises.
In the preamble to the Statutory Instrument, it is stated that the instrument was made in the interest of health and public safety, as provided in Section 2 of the Act.
The preamble then goes on to elaborate the situation forming the basis for the Statutory Instrument in the following terms, “on account of the lockdown many people are on forced leave from employment and therefore unable to earn the income necessary to pay for among other things, rentals for residential accommodation and mortgage repayments.”
It is the Law Society of Zimbabwe’s considered view that the above basis as stated in the preamble to the regulations does not meet the criteria set out in Section 2 of the Presidential Powers (Temporary Measures) Act. 
The situation as given above does not address, the interest of defence, public safety, public order, public morality, public health, the economic interest of Zimbabwe or the general public interest. 
The situation describes an economic difficulty in respect of a section of the population and only in respect of a section of the national economy. In this regard, therefore, the Law Society believes the regulations are ultra vires the enabling Act.
Given the foregoing, the Society also believes that SI 96 of 2020 would, therefore, be irrational when measured against the principal law from which it draws its authority. 
It also fails to take into account the effect of loss of income that would result from the implementation of the SI for individuals who solely rely on rental income.
At the same time, the individuals whose property rights are being interfered with, are still liable to pay rates, insurance premiums and other expenses for the same properties. They are also suffering the negative effects of the lockdown.
Instead of holistically solving the burden brought about by the lockdown, the SI seeks to take the burden from one citizen and thrust it upon another who may also be suffering the consequences of the lockdown.
It is the expectation of the Law Society of Zimbabwe, its membership and the general populace that government will cause public service providers like Zinwa, Local Authorities and ZESA to suspend or defer charging for their services which are basic needs if the inspiration behind S1 96 of 2020 was to cushion the public against the negative effects of the COVID19 pandemic. 
The Law Society is deeply concerned that SI 96 of 2020 only interferes with contracts between parties in relation to residential properties and leaves out the contracts in respect of commercial properties for no apparent reason.
The LSZ believes the Government could have approached this issue in a more holistic manner if indeed the rationale was to reduce the burden of COVID-19 effects on the populace.
It is important that during these difficult times and at all times, that every state action must be lawful, transparent, compassionate and conform to domestic and international human rights standard.</blockquote>

FULL TEXT: The Law Society Of Zimbabwe Statement On Statutory Instrument 96 of 2020

A former Uniter Nations Commissioner for Human Rights while speaking at the <a href="https://www.pindula.co.zw/Law_Society_of_Zimbabwe">Law Society of Zimbabwe </a>organised Walter Kamba Rule of Law Award ceremony last week said the human rights situation under President Mnangagwa has drastically deteriorated, The Standard reports.
Calling the situation heartbreaking, Navi Pillay said:
<blockquote>In the year 2019, the human rights environment deteriorated dramatically in Zimbabwe.
It is heartbreaking for me and I am sure for Walter Kamba, had he been alive to see so much suffering, to have the hopes of Zimbabweans for a better future under change of government crushed.
In almost every facet of life, deterioration of civil and political rights and ESCR has reached crisis proportions</blockquote>
Pillay cited the problems that mare Zimbabwe and even pointed out the security forces crackdown on protestors and other socio-economic problems like unemployment, inflation and food shortages and commodity shortages and cash shortages.
More: <a href="https://www.thestandard.co.zw/2020/03/01/ex-un-boss-savages-mnangagwa-govt/">The Standard </a>

The Human Rights Situation In Zimbabwe Has Heartrendingly Drastically Deteriorated - Former UN Human Rights Commissioner

<blockquote>THE LAW SOCIETY OF ZIMBABWE
STATEMENT OF THE LAW SOCIETY OF ZIMBABWE ON THE PROPOSED CONSTITUTIONAL AMENDMENTS
On the 17th of December 2019, Cabinet at its 45th meeting approved several amendments to the Constitution. Some of the notable proposed amendments relate to the appointments of Vice Presidents, the Prosecutor General, Public Protector, promotion of judges and the terms of office of judges.
The other notable proposed amendments relate to the composition of the provincial councils and the extension of the provision on the women’s quota which was scheduled to end in 2023.
The Constitution provides for its amendment. Although amendments to the Constitution are allowed these ought to be necessary for the promotion of the rule of law and protection of the principles of democracy. Our Constitution is a democratic document which came out of extensive consultations.
It is a national document which should be enduring. Amendments to the Constitution must be necessary for the enhancement of enshrined rights, accountability and good governance. Amendments must not be retrogressive.
In terms of Section 92 of the Constitution, a presidential candidate chooses running mates who upon election become the national Vice Presidents.
The rationale for this provision was to introduce nondisruptive succession planning whilst ensuring that in the event of a Vice President taking over the office of President he would be having the people’s mandate.
The effect of the proposed amendment to Section 94 means that Vice Presidents will no longer be elected but appointed by the President.
This removes the transparency and democratic process sought to be achieved by Section 92 in relation to the assumption of these important offices.
In addition, the Vice President’s tenure will be at the pleasure of the President. An amendment is expected to cure a problem or mischief. This is not apparent in the present case. The proposed amendments further seek to change the procedures for the appointment of the Prosecutor General.
The current procedure for the appointment of the Prosecutor General is similar to that of the judges. This is a transparent way of appointing this important office, which like the judiciary ought to enjoy prosecutorial independence.
The proposed amendment whereby the President appoints the Prosecutor General upon consultation with the Judicial Services Commission (ISC) is reverting to the old constitution. The current provisions promote transparency in the appointment process.
This will not be achieved under the proposed amendment. It is not clear what mischief the proposed amendment seeks to address.
The fact of the matter though is that the amendment is retrogressive. It emasculates a position that is pivotal to our criminal justice.
The amendment will remove the Prosecutor General’s independence. The appointment system also does not guarantee meritocracy as the basis for appointment.
This cannot be achieved by simply consulting the JSC. In any case in terms of section 339, such consultation may not be binding on the President.
Section 180 sets out the conditions that must be met in relation to the appointment of judges. The proposed amendment seeks to provide for the President to appoint a sitting judge to a higher court upon consultation with JSC.
This approach seeks to reverse the elaborate, and transparent system currently in place. It is not clear why we should depart from the current system. The proposed changes will take us back to the pre-2013 era where judicial appointments were shrouded in a veil of secrecy.
The proposed extension of the tenure of judges albeit on a contract basis and subject to medical certification on fitness is not desirable in a country with a vibrant legal profession. There are many legal practitioners who are fit to hold the office of judge.
The introduction of the office of the Public Protector should be based on a true desire to achieve administrative justice, especially by public offices.
The 2013 Constitution deliberately omitted this institution on the basis that the functions could be effectively undertaken by the Zimbabwe Human Rights Commission.
The Ministry of Justice was recently lamenting that this commission is under-resourced. Instead of properly funding the Zimbabwe Human Rights Commission, the Cabinet is creating another institution which will have its own resource chewing bureaucracy.
On the other hand, the present Constitution already provides for the establishment of an independent complaints mechanism to deal with misconduct by members of the security sector.
This has not been instituted and yet Cabinet finds it necessary to create the public protector’s office. The Executive is failing to diligently and without delay perform all constitutional obligations as provided in Section 324.
The proposal to remove MPs and Senators from provincial councils also appears ill-conceived. The presence of these members was supposed to bring the nexus between national and local development.
The prosed amendments will perpetuate the disconnect between the national Programmes and the local/Provincial Programmes thus creating development inertia.</blockquote>

Law Society Of Zimbabwe Speaks On Proposed Constitutional Amendments {FULL TEXT}

Legislator and activist Priscillah Misihairabwi Mushonga has said high legal cost will make access to justice difficult for women as they have been always a victim of such due to many factors.
Misihairabwi Mushonga was commenting on the new legal fees announced by the <a href="https://www.pindula.co.zw/Law_Society_of_Zimbabwe">Law Society of Zimbabwe</a> when she said:
<blockquote>Access to justice has always been difficult for women due to an interplay of many issues.However, with the new legal costs coming in, it means that these divorce costs are putting a cost to freedom. High fees that hinder people from accessing them are actually a direct violation of human rights to freedom, justice and equal treatment</blockquote>
The <a href="https://news.pindula.co.zw/2019/07/26/law-society-of-zimbabwe-raises-legal-charges/">Law Society of Zimbabwe last week announced new legal fees</a> and divorce both uncontested and contested was pegged between $12000 and $18000
More: <a href="https://www.chronicle.co.zw/divorce-beyond-reach-of-many/">The Chronicle</a>

High Legal Costs Will Make Acess To Justice For Women Difficult - Misihairabwi Mushonga

The Law Society of Zimbabwe (LSZ) has released a circular detailing new tariffs to be charged by lawyers.
The tariffs range from ZWL$180 to $2 100 per hour from the least to the most qualified lawyer. The new tariffs are with effect from next month. Part of the circular reads:
<blockquote>Thus party and party fees in civil litigation, conveyance fees, collection commissions and deceased estate administration fees are not covered by this tariff whereas legal practitioner and client fees in civil litigation and fees for criminal and general non-litigious work are covered.</blockquote>
A Chronicle report has outlined some of the new tariffs announced by the LSZ. It reads:
<blockquote>Fees for an uncontested divorce cases shot up by more than 100 per cent from RTGS$3 600 to RTGS$7 200 for the plaintiff. A defendant in an uncontested divorce case will now have to part with RTGS$4 800.
Unregistered law graduates whose names are recorded by the Law Society are expected to charge between RTGS$180 and RTGS$360 while those with less than one year experience will charge from RTGS $300 to RTGS$450 and those with two to four years’ experience are supposed to charge from RTGS$420 to RTGS$720.
The document also stated that those who have been in practice for between five to nine years are now required to charge from RTGS$510 to RTGS$900 and from 10 to 14 years it’s now between RTGS$750 and RTGS$1 260 per hour.
Those with experience ranging between 15 and 19 years will charge from RTGS $900 and RTGS$1 620 and those with 20 to 29 years’ experience are expected to charge RTGS$1 050 to RTGS$1 860 per hour.
The most experienced lawyers with 30 years and above are expected to charge as from RTGS$1 200.00 to RTGS$2 100 per hour.</blockquote>
<h4>More: <a href="https://www.chronicle.co.zw/law-society-of-zimbabwe-hikes-legal-fees/" rel="noopener noreferrer" target="_blank">Chronicle</a></h4>

Law Society Of Zimbabwe Raises Legal Charges

The Law Society of Zimbabwe (LSZ) has approved the hiking of legal fees by lawyers across the board.
The move is a reaction to the depreciation in the value of the Real Time Gross Settlement (RTGS) Dollar. A notice released by LSZ read in part:
<blockquote>Legal practitioners are professionally and legally obliged to charge fees for legal work which are fair and reasonable in all circumstances.
In order to assist the profession and the public in this regard and to seek a degree of uniformity and consistency, this tariff is recommended by the LSZ.</blockquote>
Valentine Mutatu, a law lecturer and human rights defender said:
<blockquote>You will notice that for senior lawyers, they used to charge US$300 (per hour) and the latest tariff shows they can now charge RTGS$1 200.
If you change that at the prevailing black market rate of today, which is around $420 for a US$$100 bill, it’s slightly lower than what we used to charge.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2019/02/lawyers-hike-legal-fees/">Newsday</a></h4>

Lawyers Increase Legal Fees By More Than 100 Per Cent

Lawyer Mr Thandazani Masiye-Moyo has been elected as the new Law Society of Zimbabwe (LSZ) president.
He takes over from Mr Misheck Hogwe, whose tenure had expired.  Masiye- Moyo, a senior partner at Masiye-Moyo and Associates Legal Practitioners in Bulawayo was a councillor at the LSZ prior to his elevation to head the organisation. He will be deputised by Mr Tatenda Mawere of Mawere, Sibanda Commercial Lawyers.
More: <a href="https://www.chronicle.co.zw/law-society-of-zimbabwe-appoints-new-boss/">Chronicle</a>

Law Society Of Zimbabwe Elects New President

The Law Society of Zimbabwe (LSZ) has called for an emergency meeting on January 28 to consider the state of the rule of law in the country. LSZ said that it is concerned with what it says are injustices happening at courts. A statement released by LSZ reads as follows:
<blockquote>We have received reports from some members and in other instances, we have observed practices that do not show that justice is being done. It would appear that no-one is paying attention to the adage: ‘Justice must not only be done, but it must be seen to be done.’ Irregular and illegal pre-trial processes and court processes appear to be collusively used to deny an accused person access to justice.</blockquote>
The lawyers have revealed that they had reached out to the Chief Justice Luke Malaba to express their displeasure.
<h3>More: <a href="https://www.zimlive.com/2019/01/law-society-of-zimbabwe-calls-emergency-meeting-over-injustices-at-courts/">ZimLive.com</a></h3>

Law Society Of Zimbabwe To Meet Over State Of The Rule Of Law In The Country

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