HH 306-18 THE LAW SOCIETY OF ZIMBABWE versus DOUGLAS MWONZORA

THE LAW SOCIETY OF ZIMBABWE

versus

DOUGLAS MWONZORA

 

 

 

LEGAL PRACTITIONERS DISCIPLINARY TRIBUNAL

HARARE, 28 October 2016, 2 December 2016, 6 June 2018

Before: CHATUKUTA (Chairperson), MUSAKWA J (Deputy Chairperson)

MR KANOKANGA & MS S. MOYO (members)

 

 

Z. Chadambuka, for the applicant

T. Maanda, for the respondent

 

CHATUKUTA J: The respondent is a registered legal practitioner carrying on the business and practice of a legal practitioner under the name Mwonzora and Associates having been admitted and registered as a Legal Practitioner, Conveyancer and Notary Public on the 18th of September 1992. The applicant filed the present application seeking that the respondent’s name be deleted from the register of legal practitioners on the ground that he conducted himself in contravention of the Legal Practitioners Act [Chapter 27;07]. It alluded to the following four acts of conduct committed by the respondent that it considered to be unprofessional thereby bringing the profession into dispute, namely that the respondent:

1.      fraudulently  filed court process resulting in prejudice to  the  complainant;

2.      represented opposing parties in a single case interchangeably and therefore was conflicted;

3.      failed to remit trust funds  upon demand; and

4.      failed to represent a client effectively despite having accepted the client’s instructions and payment.

The following facts giving rise to the charges are set out in the applicant’s “Summary of Evidence”:

Regarding count 1, the applicant received a complaint from one Mr Makonye dated 18 June 2009 that the respondent had filed a fraudulent notice of appeal on 5 May 2007 on behalf of a client. Mr Makonye had obtained an order for the ejectment of the respondent’s clients. The notice of appeal filed by the respondent was intended to forestall the ejectment of the respondent’s clients. The notice bore a Master of the High Court stamp which was altered by 

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2018