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The Law Society of Zimbabwe (LSZ) has issued a notice cautioning against 31 unregistered lawyers who are allegedly appearing in court, prisons, and police stations while purporting to represent their clients.
The LSZ has revealed that some of these lawyers had their practising certificates withdrawn for various offences, including James Magodora and Ignatius Murambatsvina, who were deregistered. Other lawyers are:
<ol>
<li>Asausi Bwanya,</li>
<li>Benjamin Bangajena,</li>
<li>Bertha Zakeyo,</li>
<li>Blessing Makaripe,</li>
<li>Blessing Mushohwe,</li>
<li>Catherine Ndoro,</li>
<li>Desire Zengeni,</li>
<li>Doreen Vundhla,</li>
<li>Farai Misihairambwi,</li>
<li>Grace Sithole,</li>
<li>Lewis Maunze,</li>
<li>Lovemore Manyika,</li>
<li>Luckson Masiyiwa,</li>
<li>Meo Rubwe,</li>
<li>Merekizadeck Masimba,</li>
<li>Mukudzei Moyo,</li>
<li>Norbet Muhlolo,</li>
<li>Nyasha Jonasi,</li>
<li>Nyengeterai Chisenga,</li>
<li>Owen Murozvi,</li>
<li>Paidamoyo Mubvongi,</li>
<li>Penlop Dube,</li>
<li>Rangarirai Nyikadzino,</li>
<li>Shepherd Bingura,</li>
<li>Tafadzwa Dhlakama,</li>
<li>Tinashe Mazanhi and</li>
<li>Vision Moyo.</li>
</ol>
The notice further listed various law practitioners whose firms were placed under curatorship, including Muchineripi Nhire and Shepherd Makonyere.
The LSZ has warned that these lawyers have no right to represent clients in any court, police station, or prison. The LSZ indicated that some of the lawyers had fake certificates after failing the Bachelor of Procedural Law at the University of Zimbabwe. One of the unregistered lawyers appeared in court last week and more are expected to appear in court this week.
Additionally, the Council for Legal Education’s executive secretary, Huggins Hardwork Duri, was also granted US$500 bail by a Harare magistrate over criminal abuse of office charges.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Pindula News

LSZ Warns Of 31 Unregistered Lawyers Practising Law

The <a href="https://www.pindula.co.zw/Zimbabwe_Lawyers_for_Human_Rights">Zimbabwe Lawyers for Human Rights (ZLHR)</a>, a not-for-profit human rights organization which seeks to foster a culture of human rights in Zimbabwe, has condemned the police for assaulting a Harare-based human rights lawyer. 
ZLHR speaks after reports that Kudzai Kadzere was assaulted with “truncheons and fists” on Saturday while he was attending to opposition Citizens Coalition for Change (CCC) <a href="https://zero.pindula.co.zw/just-in-amos-chibaya-and-other-ccc-leaders-arrested/">officials who were detained at Budiriro 2 Police Station</a>.
<ul>
<li><a href="https://zero.pindula.co.zw/just-in-amos-chibaya-and-other-ccc-leaders-arrested/">Just In: Amos Chibaya And Other CCC Leaders Arrested</a></li>
<li><a href="https://zero.pindula.co.zw/lawyer-beaten-lsz-criticises-police-for-taking-front-row-seat-to-violate-rights-of-all-citizens/">Lawyer Beaten: LSZ Criticises Police “For Taking Front-row Seat To Violate Rights Of All Citizens”</a></li>
<li><a href="https://zero.pindula.co.zw/lawyer-badly-beaten-arrested-while-attending-to-arrested-ccc-officials-mahere/">“Lawyer Badly Beaten, Arrested While Attending To Arrested CCC Officials” – Mahere</a></li>
</ul>
Kadzere spoke to the Law Society of Zimbabwe (LSZ) and confirmed the assault. 
In a statement seen by Pindula News, ZLHR Kadzere sustained a fractured hand. Reads the statement:
<blockquote>
In Zimbabwe, this is how Zimbabwe Republic Police (ZRP) treat legal practitioners. Our member lawyer Kudzai Kadzere sustained some injuries including a fractured hand after he was ambushed by about 40 police officers in Budiriro high-density suburb &amp; was heavily assaulted, when he went to Budiriro Police Station to represent his clients, who had been arrested by the Zimbabwe Republic Police (ZRP). Police officers used truncheons &amp; fists to assault the human rights lawyer.
</blockquote>
Over the years, police have been criticised for brutality against members of the opposition and government critics.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

ZLHR: "Police Officers Used Truncheons And Fists To Assault The Human Rights Lawyer"

The <a href="https://www.pindula.co.zw/Law_Society_of_Zimbabwe">Law Society of Zimbabwe (LSZ)</a> has expressed concern over reports that a Harare lawyer, Kudzai Kadzere was assaulted by police on Saturday while he was attending to members of the opposition Citizens Coalition for Change (CCC) who had been arrested.
CCC reported yesterday that <a href="https://zero.pindula.co.zw/lawyer-badly-beaten-arrested-while-attending-to-arrested-ccc-officials-mahere/">Kadzere was “badly beaten and arrested”</a> while attending to party officials including Amos Chibaya who were detained at Budiriro 2 police station.
In a statement seen by Pindula News, LSZ criticised the police for taking a front-row seat to violate the rights of all citizens when they have a constitutional obligation to protect them. Reads the statement:
<blockquote>
<h2>EM/rc/LSZ statement on assault of lawyer by police/2023 14 January 2023 </h2>
Law Society of Zimbabwe statement on reports of police assault on Harare lawyer Mr Kudzai Kadzere
The Law Society of Zimbabwe (LSZ) expresses deep concern at reports that one of its members and Harare lawyer Mr Kudzai Kadzere, was assaulted and humiliated by police details early Saturday. 
Information reaching the Law Society of Zimbabwe is that Mr Kadzere had apparently reacted to a plea for legal assistance by a group of opposition political party Citizens Coalition for Change (CCC) activists in Harare’s high-density suburb of Budiriro. Upon arrival at the police station, Mr Kadzere was reportedly seized and assaulted by police officials. 
Mr Kadzere has confirmed the assault. Just this week, we issued a statement condemning reports of violence in Murewa and calling on the state to do everything possible to nip political violence in the bud. To have such brazen conduct from police officers demonstrates a high level of impunity by officers and nothing short of swift disciplinary action will restore public confidence in the police. 
Our Constitution and numerous other international instruments to which Zimbabwe is a state party provide for rights to legal representation and the right of lawyers to do their work freely without hindrance.
Our own courts have pronounced themselves unequivocally on the rights of legal practitioners to conduct their professional duties without any hindrance. 
This is a new low for Zimbabwe and we are deeply disappointed that of all people, the police who have a constitutional obligation to protect the rights of all citizens have taken a front-row seat to violating the same. This is a sad indictment on the professionalism of our police force which is expected to operate in a fair and non-partisan manner.
 The Law Society of Zimbabwe demands an explanation and a full investigation as well as prosecution of those behind Mr Kadzere’s assault. Such kind of behaviour must not be allowed in our country and should be frowned upon. The right of lawyers to represent all who require legal representation should be sacrosanct and the police must be the first to defend it. 
We wish Mr Kadzere a speedy recovery. 
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Lawyer Beaten: LSZ Criticises Police "For Taking Front-row Seat To Violate Rights Of All Citizens"

We have posted new jobs to the <a href="https://zero.pindula.co.zw/jobs/">Jobs section on Pindula</a>. Please open the job you’re interested in to view the detailed application requirements and application deadline.
<h2>Nurse Counsellor (x2) (Global Fund Project) – CeSHHAR Zimbabwe</h2>
<blockquote>
CeSHHAR Zimbabwe is an organization that specializes in Sexual Reproductive Health (SRH), HIV and AIDS research in Zimbabwe. CeSHHAR in collaboration with the MOHCC and NAC is implementing a National Sex Work Programme aimed at reducing HIV acquisition and transmission among female, male and transgender sex workers thereby reducing HIV transmission and acquisition to and from their clients. Low consistent condom use, risk of drug use and increasing transactional sex are some of the common reasons that put these key populations at risk of acquiring HIV infections. Therefore, reaching these populations and increasing awareness and access to STI &amp; HIV prevention, testing and treatment services are fundamental to reducing transmission of  STI and HIV infections.
<a href="https://zero.pindula.co.zw/jobs/nurse-counsellor-x2-global-fund-project-ceshhar-zimbabwe-2353/">Link for applications</a>
</blockquote>
<h2>Procurement Intern – Bantwana</h2>
<blockquote>
Purpose of the position
Under the general supervision of the Procurement Assistant, the Procurement and Admin Intern will be responsible for the following.
<a href="https://zero.pindula.co.zw/jobs/procurement-intern-bantwana-2353/">Link for applications</a>
</blockquote>
<h2>Compliance Officer – Zimbabwe Health Interventions (ZHI)</h2>
<blockquote>
Location: Harare
About
Zimbabwe Health Interventions (ZHI) is a not-for-profit human development organization that is registered as a Trust under the Zimbabwe Deeds Registries Act (Chapter 20:05). ZHI’s mission is to develop and deliver innovative and sustainable high impact integrated health interventions with local communities while working with and strengthening existing institutions.
<a href="https://zero.pindula.co.zw/jobs/compliance-officer-zimbabwe-health-interventions-zhi-2353/">Link for applications</a>
</blockquote>
<h2>Supply of Goat Does During Livestock Direct Distribution – Adventist Development and Relief Agency (ADRA)</h2>
<blockquote>
Location: Gokwe North District
The small livestock Goat Does distribution will be conducted in Gokwe North District ward centers located in wards 6, 14, 30, 31 &amp; 36.
<a href="https://zero.pindula.co.zw/jobs/supply-of-goat-does-during-livestock-direct-distribution-adventist-development-and-relief-agency-adra-2353/">Link for applications</a>
</blockquote>
<h2>Consultancy – Law Society of Zimbabwe</h2>
<blockquote>
About
The Law Society of Zimbabwe is a Statutory, self-regulating, body established in terms of the Legal Practitioners Act (Chapter 27:07). The Law Society regulates the legal profession in Zimbabwe. It also represents the legal profession. The Law Society is run by an elected council of registered legal practitioners practicing across the country. The council is assisted by an appointed Secretariat based in both Harare and Bulawayo.
<a href="https://zero.pindula.co.zw/jobs/consultancy-law-society-of-zimbabwe-2353/">Link for applications</a>
</blockquote>
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Job Vacancies: Nurse Counsellors, Compliance Officer, Procurement Intern, Etc

A serial fraudster who masqueraded as a lawyer was on Friday arraigned before Harare magistrate Dennis Mangosi after duping several people that unknowingly requested legal services from him.
The 32-year-old Beven Chipunza was denied bail and was remanded to December 10.
The complainant, in this case, is Evelyn Chirengwa, who met the accused at Zimbabwe Open University while she was looking for a legal practitioner.
Chipunza masqueraded as a lawyer attached to Dube, Tachiona and Tsvangirai Law Firm.
From July 10, 2021, to September 14, 2021, Chipunza demanded US$3000 from Chirengwa who paid cash.
On November 17, Chirengwa demanded receipts from the accused but he failed to produce them. When she went to Dube, Tachiona and Tsvangirai Law Firm to enquire about her case, she was told that he was not attached to the law firm.
A police report was made leading to Chipunza’s arrest.
When searched, Chipunza was found in possession of a law practising certificate belonging to Tungamirai Muganhiri, a lawyer at Machaya and Associates Law Firm.
The Law Society of Zimbabwe then confirmed that the accused was not a registered lawyer.
On the second charge, Chipunza is jointly accused with Tinashe Mubaiwa (32) of duping Chenai Allen of US$400 after misrepresenting themselves as lawyers. 
More: <a href="https://www.newsday.co.zw/2021/11/bogus-lawyer-dupes-client-us3-000/">NewsDay</a>

Serial Fraudster Pretending To Be A Lawyer Dupes 'Client' Of US$3000

A Harare lawyer, Lawman Chimuriwo, has been deregistered after he was found guilty of misappropriating trust funds amounting to over US$100 000.
Chimuriwo had been in practice since 2012 when he opened Lawman Chimuriwo Attorneys soon after he registered as a lawyer.
He was found guilty of unethical conduct by a tribunal chaired by High Court judge, Justice Felistus Chatukuta two weeks ago.
The Law Society (LSZ) successfully applied he be found guilty of unlawful conduct following a complaint brought forward by Kenias and Farai Mafukidze.
It was alleged Chimuriwo contravened the Legal Practitioners Act after withholding payment of trust money to clients without lawful cause.
He also failed to promptly pay trust money due to sellers upon demand and within a reasonable time.
The tribunal found him guilty and ordered him to be deregistered. The bench said in its ruling:
<blockquote>It is accordingly ordered that the respondent’s name be deleted from the Register of Legal Practitioners, Notaries Public, and Conveyancers.
The respondent be and is hereby ordered to pay all the expenses incurred by the applicant in connection with these proceedings.
The respondent failed to safeguard client’s funds. Such failure warrants the respondent’s deregistration.
What we find to be highly aggravating is that the complaints were presented on behalf of the Mafukidzes (Kenias and Farai) and CBZ by two of the respondent’s peers.
The tone of the complaints reflects the seriousness of the transgressions and the repugnance with which the other member of the profession viewed the respondent’s conduct.
The imposition of a fine or suspension of the respondent for a period would in our view not instill confidence of the public in the administration of justice or safeguard the collective interest of the profession in upholding the standard of the legal profession in view of our finding that the respondent misappropriated trust funds.</blockquote>
<h4>More: <a href="https://www.newzimbabwe.com/top-lawyer-deregistered-over-us100-000-scandal/">NewZimbabwe.com</a></h4>

Lawyer Deregistered For Misappropriating US$100k In Trust Funds

<blockquote>08 June 2020 
The Law Society of Zimbabwe is concerned by the arrest of lawyers, Mr Patrick Tererai, Mr Dumisani Dube, Advocate Choice Damiso (subsequently released after being turned into a state witness), Mr Tapiwa Makanza and Mr. Joshua Chirambwe. Over the past few days, the arrest of members of the legal profession has become quite a common feature. One of our functions as Regulator of the Legal Profession is to ensure that members are conducting themselves ethically and professionally and as such matters like this should, ordinarily, be brought to our attention. However, despite some of the alleged cases having occurred over a year ago we have not received any complaint from members of the public, the police or from the courts.
As a representative body we are further concerned that the arrests appear calculated to hinder the members of the profession from undertaking their professional duties. A review of the recent arrests shows a disturbing pattern of intimidation, harassment of lawyers and associating lawyers with the causes of their clients.
On the 10th of May 2020, Mr Patrick Tererai of Tererai Legal Practice was manhandled and later detained overnight by police officers at Beitbridge police station after attending to his client at the police station. One of the officers, an Assistant Inspector Sibanda, forcibly removed his face mask and lodged him in police cells thus exposing him to COVID-19. He was subsequently charged with disorderly conduct.
Mr Dumisani Dube of Mathonsi-Ncube Law Chambers was arrested and taken to court on the 6th of June 2020, where he was granted bail in the sum of ZW$ 5000.00. He is being accused of “defeating or obstructing the course of Justice” in that he is alleged to have filed a fake certificate of service and obtained judgment in favour of his client.
Advocate Damiso is also accused of “defeating or obstructing the course of Justice” as an accomplice to Advocate Thabani Mpofu. As a senior member of the profession, she was acutely aware of the allegations against her for a whole week. It is therefore strange that she had to be dramatically picked up whereas she could have presented herself before the police had she been requested to do so.
On Sunday, the 7th of June 2020, Mr. Makanza, the legal practitioner who instructed Advocate Thabani Mpofu was also arrested and subsequently detained. This is despite the fact that he had always been aware of the allegations against him and has cooperated with the police who investigated the same matter in 2019. His detention is, therefore, deeply concerning.
On Monday 8th June 2020 lawyer Joshua Chirambwe, the applicant in a pending Constitutional application was arrested on allegations of assisting Advocate Thabani Mpofu to plagiarise Simbarashe Zuze’s affidavit thus allegedly defeating the course of justice. Lawyers are not above the law and may be arrested like anyone elsewhere there is a reasonable cause to do so. In the case of Dumisani Dube the matter can be investigated without having to incarcerate the accused person. The fact that the legal practitioner was arrested whilst he had voluntarily gone to the police station to assist his client creates the impression that he was targeted for doing his work.
The arrest of the other two lawyers is also linked to the performance of their duties as legal practitioners. In the case of Advocate Damiso her alleged offence arose from her role as commissioner of oaths whilst Mr Makanza was merely representing his client. The police allege that the client does not exist whilst Mr. Makanza insists that the client exists and that he has taken him to the Law and Order section of the police twice. It is also a matter of record that the police have had more than a year to investigate this matter.
The sudden arrest of these lawyers, therefore, raises the inescapable view that the lawyers are being associated with the cause of their client. The constitutional application at the centre of these arrests sought to impugn the appointment of the Prosecutor General by the President. In this regard, we are apprehensive because the arrests appear to be calculated at intimidating and harassing lawyers in the course of their duties.
The right to legal representation is a Constitutionally guaranteed right. The right of legal practitioners to practice their profession is also guaranteed in the Constitution. The Law Society accordingly condemns the continued systematic harassment and intimidation of lawyers in the course of their work. Such actions undermine the rule of law and the administration of justice in Zimbabwe. In terms of both our domestic and international principles, the State must guarantee that lawyers are free to perform all of their professional functions without intimidation, hindrance, harassment or improper interference, are able to travel freely to consult with their clients and are free of threats in the discharge of their duties.
Law Society of Zimbabwe “Committed to Justice and the Rule of Law”
<img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EZ_yhDPWkAME0X1?format=jpg&amp;name=4096x4096"/><img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EZ_ylFuXYAAEs8E?format=jpg&amp;name=4096x4096"/><img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EZ_ysR2X0AcM2xf?format=jpg&amp;name=4096x4096"/></blockquote>

FULL TEXT: Law Society Of Zimbabwe On The Arrest Of Lawyers - Dube, Damiso, Makanza & Chirambwe

The Law Society of Zimbabwe says vastly experienced lawyers are allowed to charge up to ZW$17 500 PER HOUR in legal fees.
An uncontested divorce will now cost ZW$50 000 for the plaintiff and ZW$30 000 for the defendant while a lease agreement drafted requires ZW$30 000.
Meanwhile, some health care practitioners in the private sector are charging about USD80, which is approximately ZW$6000 using the parallel market rate, for a mere consultation.
The escalation in the fees can be attributed to the local currency’s rapid shedding of value against the United States dollar.
This comes when workers’ unions in the country are calling upon the government to pay workers in United States dollars adding that the soaring inflation has eroded their salaries.
The government has since last year been giving cushioning allowances to workers but, the inflation would erode the money before it was collected by the workers.
In 2019, health caregivers embarked on a months-long protest over poor remuneration and teachers also initiated a go-slow to force the government to address the salaries issue.
More: <a href="https://twitter.com/BrezhMalaba/status/1267885750613409796">Brezh Malaba</a>

Legal Fees Permitted By The Law Society Of Zimbabwe

The Law Society of Zimbabwe (LSZ) has expressed concern over the arrest of advocate Thabani Mpofu. We present the LSZ ‘s statement in full below.
<blockquote>The Law Society of Zimbabwe has learnt with profound concern of the arrest and detention of Advocate Thabani Mpofu on the 1st of June 2020.
According to the facts on hand Advocate, Mpofu handed himself to the police on the same day. He was accompanied by his lawyer, Mrs Beatrice Mtetwa. Advocate Mpofu faces two charges of obstruction of justice. It is being alleged that he drafted and had an affidavit commissioned for a non-existent client, one Simbarashe Zuze. It is further alleged that Advocate Mpofu connived with one Joshua Chirambwe in the filing of a Constitutional court challenge containing duplicated Information from the Simbarashe Zuze matter thus defeating the course of justice. The Law Society notes that the matter is being handled by the special Police Anti-Corruption Unit (PACU). To the best of our knowledge, it appears that the other legal practitioners whom Advocate Mpofu allegedly connived with have neither been arrested nor have they been charged. According to our member, the said Simbarashe Zuze has on two occasions presented himself before the law and order section of the police.
The facts as alleged in second charge do not appear to disclose any offence having been committed. It is not clear why Advocate Mpofu has been singled out for arrest in a case where the charges allege connivance with other legal practitioners. It is equally not clear why a specialised unit dealing with corruption cases has been deployed to deal with this ordinary criminal case. It is also unclear why the police are only acting now more than a year after the alleged offence was committed.
As a result of the foregoing, the Law Society of Zimbabwe is anxious and concerned respecting the motive behind the arrest and detention. The Society recognizes and stands by the principle that a lawyer must never be associated with the cause of his client.
The domestic, regional and international Principles and Guidelines on the Right to a Fair Trial and Legal Assistance hold that, the State has an obligation to ensure that lawyers perform all of their professional functions without intimidation, hindrance, harassment or improper interference. Lawyers should be able to consult with their clients and present their client’s case free of threats in the discharge of their duties. The. standards are also set out under the United Nations Basic Principles on the Role of lawyers. It is, therefore, the State’s responsibility to guarantee that Advocate Mpofu, as well as all legal practitioners, are free to perform their duties without fear of intimidation or harassment.
We urge the State to ensure that state actors abide by the law and further ensure that lawyers are not subject to harassment and intimidation in the performance of their duties. We call upon the state to demonstrably assure the profession and the nation at large, that this is not a case which is motivated by malice, vindictiveness and an intention to muzzle the legal profession.
<img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EZfSzcvX0AAXSGQ?format=jpg&amp;name=small"/><img alt="Image" class="css-9pa8cd" decoding="async" draggable="true" src="https://pbs.twimg.com/media/EZfSzcwWkAgI38V?format=jpg&amp;name=small"/></blockquote>

FULL TEXT:  Law Society Of Zimbabwe's Statement On The Arrest Of Chamisa's Lawyer

The Law Society of Zimbabwe has dragged president Emmerson Mnangagwa, Finance Minister Professor Mthuli Ncube, Reserve Bank of Zimbabwe (RBZ) and its governor John Manngudya over Statutory Instrument (SI) 33 of 2019.
The SI converted United States dollar bank balances to Real Time Gross Settlement (RTGS) resulting in individuals and companies losing their money as the RTGS rapidly depreciated afterwards.
The LSZ asserts that the move constituted a compulsory deprivation of property, but, there was no compensation to individuals and companies who had their US dollars converted into RTGS.
In an affidavit accompanying their application on Friday, Edwin Mapara, the LSZ’s executive secretary, said:
<blockquote> The actions of the respondents in compulsorily ordering and effecting the conversion of United States dollar balances in the applicant’s account into RTGS in February 2019 amounted to compulsory deprivation and expropriation of such U.S. dollars without adequate compensation and therefore breached section 71 (2) and (3) of the Constitution of Zimbabwe (which prohibits compulsory deprivation of property).</blockquote>
Following the SI, a number of court cases were filed as the creditors demanded to be paid in USD which was on their agreements.
Only recently, former Finance Minister Tendai Biti <a href="https://news.pindula.co.zw/2020/03/13/watch-bitis-economic-reviving-measures-zim-needs-how-to-use-both-usd-zim-dollar/">urged the government to repeal both SI 33 and 142 of 2019</a> which effected the ban of the multicurrency system in the country.
More: <a href="https://www.zimlive.com/2020/03/13/law-society-goes-to-court-over-si-33-which-converted-us-dollar-balances-to-rtgs/">ZimLive</a>

Law Society Of Zimbabwe Drags ED, Mthuli, Mangudya To Court Over Conversion Of USD To RTGS

The Law Society of Zimbabwe has issued a statement expressing concern over a statement that was issued by the Zimbabwe Anti-Corruption Commission which purports that there are some judges who are being investigated for corruption.
ZACC had released a statement on the 29th of December last year which indicated that the commission had over 600 pending dockets against Ministers, judges, legislators and executive directors and managers of companies.
We present below LSZ’s statement in full.
<img alt="" class="media-img" data-maxheight="505" data-maxwidth="373" decoding="async" src="https://pbs.twimg.com/media/ENR1CbZW4AAETrh?format=jpg&amp;name=large"/>

FULL TEXT: Law Society Of Zimbabwe Concerned By ZACC's Statement Which Suggests Some Judges Are Being Investigated For Corruption

The <a href="https://www.pindula.co.zw/Law_Society_of_Zimbabwe">Law Society of Zimbabwe</a> has announced new legal fees to be charged for legal services. The new charges according to a statement by Law Society will be as follows:
<blockquote>Unregistered law graduates whose names are recorded by the Law Society are expected to charge $900 while those with less than one-year experience will charge $1 800
Those who have been in the practice for five to nine years will be charging $2 250 while those with 10–14 years experience will charge $3 150.
Legal practitioners with 15 to 19 years of experience will be expected to charge $4 050 while those with 20 to 29 years will be charging $4 650. Those with over 30 years’ experience will charge $5 250.”
Other services like agreement of sale for a residential property or farm will cost $7 500 or one percent of the selling price, whichever is the greater while agreement of sale for a business or shares will cost $12 000 or 2 percent of the selling price, whichever is the greater
Uncontested divorce with or without consent paper, with minimal negotiations and including appearance in Court, where necessary, will now cost plaintiff ZWL$18 000 and defendant ZWL$12 000</blockquote>
More: <a href="https://www.chronicle.co.zw/lawyers-in-shocking-fees-hike-18-000-to-file-for-divorce/">The Chronicle</a>

Lawyers Significantly Hike Fees

Some companies have been forced out of the Harare central business district (CBD) by high rentals, parking fees and the poor state of some buildings. Resultantly, about 70% of law firms are now operating from medium and low-density suburbs near town. Moreover, some companies have turned residential properties into offices.
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The Herald conducted a survey which observed that a floor with nine offices and a common room, now costs between US$2 500 and US$3 000 per month. This translates to about RTGS$18 000 if a rate in the parallel market is to be used. City Parking is now charging $2 per hour.
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Law Society of Zimbabwe (LSZ) executive secretary Mr Edward Mapara confirmed that out of 349 registered law firms that operate in the capital, 236 are now based in areas like Avondale, Belgravia, Eastlea, Hillside, Gunhill, Mt Pleasant, Bluffhill, Belvedere, Greendale, Monavale, and Waterfalls.
The development was also confirmed by the Zimbabwe National Chamber of Commerce (ZNCC) chief executive officer Mr Christopher Mugaga. He also said that some business entities were being driven out of the CBD by the sorry state of some structures.
More: <a href="https://www.thezimbabwemail.com/business/companies-priced-out-of-cbd/" rel="noopener noreferrer" target="_blank">The Zimbabwe Mail</a>

Business Entities Deserting Harare CBD As Rentals & Parking Fees Increase

3 lawyers have been banned from practising in Zimbabwe following their de-registration.
The three are Tayengwa Dugmore Muskwe, Rudo Ollyn Kanyenze and Tendai Amon Toto. This brings to nine the number of lawyers deregistered between 2018 and this year. Since 1997, at least 39 lawyers have been banned from practicing, according to the Law Society of Zimbabwe (LSZ) and the registrar of the High Court.
More: <a href="https://www.dailynews.co.zw/articles/2019/03/24/three-lawyers-banned-from-practising">Daily News</a>

3 Lawyers Banned From Practising In Zimbabwe

The Law Society of Zimbabwe (LSZ) has announced new tariffs to be charged by legal practitioners.
The fees range from RTGS $90 to $1 050 per hour from the least to the most qualified lawyer with effect from this month. The tariffs are for general professional services which include drafting, court attendance, taking instructions and telephone calls and do not cover party and party fees in civil litigation, conveyancing fees, collection commissions and deceased estate administration fees. In a circular to lawyers, the LSZ said legal practitioners. In a circular to lawyers, the LSZ said legal practitioners should charge the prescribed fees.
According to the circular, basic hourly charges vary according to years of experience. Unregistered law graduates whose names are recorded by the Law Society are expected to charge between RTGS $90 to RTGS $180 while those with less than one year experience will charge from RTGS $150 to RTGS$225 and those with two to four years’ experience will charge from RTGS $210 to RTGS $360.
More: <a href="https://www.chronicle.co.zw/law-society-of-zimbabwe-announces-new-tariffs/">Chronicle</a>

Lawyer's Charging Fees Increased

The Law Society of Zimbabwe (LSZ) has called on the government to rescind the upward review of the Intermediated Money Transfer Tax which the society described as unlawfully imposed, arbitral and unreasonable. T<a href="https://news.pindula.co.zw/2018/10/01/govt-increases-tax-on-money-transfers/" rel="noopener" target="_blank">he tax was introduced by Minister of Finance Mthuli Ncube when he presented the fiscal measures on Monday following the Monetary Policy Statement</a>. Ncube reviewed the tax from 5 cents per transaction to 2 per cent per transaction. However, <a href="https://news.pindula.co.zw/2018/10/05/full-text-finance-minister-revises-money-transfer-tax-after-outcry-sets-10-000-cap-and-exceptions/" rel="noopener" target="_blank">Ncube was forced to review the date when the tax</a> would come into effect after<a href="https://news.pindula.co.zw/2018/10/05/full-text-finance-ministers-tax-not-legally-enforceable-minister-cannot-change-act-of-parlimanet-via-ministerial-statement-veritas/" rel="noopener" target="_blank"> it was pointed out that his pronouncement was illegal.</a>
We publish the statement from the LSZ below:
<blockquote>On the 1st of October 2018, the Minister of Finance and Economic Development (“The Minister”) announced the upward revision of the Intermediated Money Transfer Tax with immediate effect as follows:
“I hereby review the Intermediated Money Transfer Tax from 5 cents per transaction to 2 cents per dollar transacted, effective 1 October 2018.”
In light of the serious financial and practical implications of the announcement to all enterprise and common persons, there has been a public outcry and calls for the Minister to rescind the announcement. The Law Society of Zimbabwe and its members support the call that the 2 cents per dollar on all transactions be rescinded because amongst other reasons, its imposition is unlawful.
The legal position is that transaction tax lawfully levied in terms of section 36G of the Income Tax Act as read with the 30th Schedule thereof and Section 22G of the Finance Act. Paragraph 2 of the 30th Schedule to the Income Tax Act provides that:
“Whenever a financial institution mediates the transfer of money otherwise than by cheque— 
(a) between 2 persons; or 
(b) from 1 person to 2 or more persons; or 
(c) from 2 or more persons to 1 person; 
the financial institution concerned shall pay to the Commissioner an intermediated money transfer tax on each such transaction.”
Section 36G reads as follows;
“There shall be charged, levied and collected throughout Zimbabwe for the benefit of the Consolidated Revenue Fund an intermediated money transfer tax in accordance with the Thirtieth Schedule at the rate fixed from time to time in the charging Act.”
Pursuant to the provisions of section 36G cited above, section 22 (G) of the Finance Act currently provides that; 
“the intermediated money transfer tax chargeable in terms of Section 36(G) of the Taxes Act shall be calculated at the rate of US$0.05 for each transaction exceeding US$ 10.00 on which the tax is payable”.
The import of section 22G is that a fixed charge of US$0.005 is chargeable on every transaction exceeding US$ 10.00. Section 22G has not been repealed and remains the only lawful tax chargeable on such transactions. As the law stands, the Minister’s directive to all financial institutions, banks and ZIMRA working together with telecommunication companies to collect US$ 0.02 per every dollar transacted is unlawful because it violates section 22G of the Finance Act. The proper procedure for the amendment of a law (in this instance Section 22G of the Finance Act) is through Parliament as required by the Constitution and not through a policy statement.
The current increase in tax is a compulsory acquisition of property rights which, at law, should be conducted in strict compliance with the constitution. Property rights enshrined in section 71 of the Constitution are jealously guarded. To that end an acquiring authority must comply with the requirements of the law to the letter. Amongst those requirements is section 71(3) (c) (i) of the Constitution which calls upon an acquiring authority to give reasonable notice before acquisition is effected. In this particular instance, no notice was given in that the tax increase came into effect on 1 October 2018, on the very date of announcement. The tax increase was unlawfully imposed and consequently is not likely to pass Constitutional muster.
While the government’s power to impose tax serves an important purpose namely, to raise revenue, such power must be exercised within the confines and safeguards of the Constitution. Further apart from the need for procedural compliance the tax appears arbitral and grossly unreasonable. The tax introduces a heavy financial burden on an already overtaxed population and in particular the few who remain in the formal sector. This tax flies in the face over the mantra “Zimbabwe is open for business.” To demonstrate the unreasonableness of the tax is the debt collection example below:
When a lawyer sues a debtor and recovers a debt the government will recover 6% tax as follows:
a) 2% on the payment by debtor into lawyer’s trust account 
b) a further 2% when the lawyer pays to his client and 
c) when the client uses the money to run his business e.g through purchasing raw materials.
It is in light of the above that the Law Society of Zimbabwe and its members call upon the Minister and Government to rescind the unlawful upward review of the Intermediated Money Transfer Tax.</blockquote>
<h4>Also Read,</h4>
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<h4><a href="https://news.pindula.co.zw/2018/10/05/full-text-finance-ministers-tax-not-legally-enforceable-minister-cannot-change-act-of-parlimanet-via-ministerial-statement-veritas/" rel="bookmark">Full Text: Finance Minister’s Tax Not Legally Enforceable, Minister Cannot Change Act Of Parlimanet Via Ministerial Statement – Veritas</a></h4>
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<h4><a href="https://news.pindula.co.zw/2018/10/03/businessman-gives-govt-two-weeks-ultimatum-to-reverse-exorbitant-tax-rate-or-face-constitutional-court-challenge/" rel="bookmark">Businessman Gives Govt Two-Weeks Ultimatum To Reverse Exorbitant Tax Rate Or Face ConCourt Challenge</a></h4>
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<h4><a href="https://news.pindula.co.zw/2018/10/03/industry-says-new-taxes-will-have-adverse-effects-on-economy-calls-for-cap-of-2-per-day/" rel="bookmark">Industry Says New Taxes Will Have Adverse Effects On Economy, Calls For Cap Of $2 Per Day</a></h4>
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<h4><a href="https://news.pindula.co.zw/2018/10/04/belt-tightening-is-only-for-the-poor-and-not-the-wealthy-ruling-elite-coltart-on-new-tax/" rel="bookmark">Belt Tightening Is Only For The Poor And Not For The Wealthy Ruling Elite: Coltart On New Tax</a></h4>
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<h4><a href="https://news.pindula.co.zw/2018/10/02/increase-in-tax-for-money-transfers-is-creatively-destructive-and-will-destroy-industrys-margins-united-refineries-ceo/" rel="bookmark">Increase In Tax For Money Transfers Will Destroy Industry’s Margins: United Refineries CEO</a></h4>
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Full Text: Mthuli Ncube's Tax Must Be Rescinded, It's Arbitrary, Grossly Unreasonable - Law Society