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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>

Pindula News

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

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

<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

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