Editorial Comment: Law society must descend on errant lawyers

Lawyers, the only learned men and women of any society, are supposed to be respectable and trustworthy. However, in recent years some of them have become criminals who take advantage of their clients’ trust in them and ignorance of the law to steal from them, the same people whose interests they must defend and promote.

Many legal practitioners have lost their practising certificates, have been arrested and jailed, had their firms shut down or placed under curatorship after unprofessional conduct was unearthed and millions siphoned to finance expensive lifestyles.

In a high profile case in Bulawayo, Sindiso Mazibisa and Mlamuli Ncube, senior lawyers at Cheda and Partners were forced to surrender their practising certificates over a $350,000 fraud.

Tungamirai Nyengera, also of Bulawayo was a few weeks ago jailed for three years after he was convicted of forging a warrant of liberation for a convict at Khami Maximum prison. A Bulawayo regional magistrate Sikhumbuzo Nyathi has just been suspended for attempting to corruptly influence a magistrate while another city magistrate, Singandu Jele was charged for drinking beer during working hours, missing a court session as a result. Masimba Munjanja, who was based in the city was slapped with a five-year jail term for stealing his client’s R30,000.

In July last year, a Harare lawyer Thomas Sakutukwa, now 40, was jailed for fraud involving $57,350 after he was convicted of four counts of theft of trust property. His firm was de-registered.

Two months earlier, another Harare lawyer Simbarashe Tsaurai, 30, had been convicted of stealing $35,000 in trust money and sentenced to one-and-a-half years in prison.

Others that were de-registered over the past two years are Tapera Sengweni, Tendai Hangazha, Taurai Mapfunde, Toendepi Mahaso, Edmond Chivhinge, Blessing Nhambure, Cremmah Chipere, Martin Chasakara, Taurai Simbarashe and Margaret Dutiro.

Edson Tapiwa Mudambanuki, of Harare as well, appeared in court after fleecing a client in a $250,000 property deal, but escaped punishment when he compensated the complainant.

The high number of cases where lawyers have been found on the wrong side of the law is causing many to ask whether we trust the right people.

We see a few factors causing all the foregoing ethical violations and outright criminal activity but the primary one is greed. This is probably why the courts are imposing lengthy custodial sentences to convicted lawyers. The common crimes, abuse of funds held in trust as well as fraud constitute grave violations of trust and the culpability is accordingly great.

Another point is that a good number of the transgressing practitioners are relatively young people charged with immense responsibilities and holding huge amounts of trust money that they, personally, do not have. Because of their youthfulness, averaging 30-40 years, and the paradox of lacking money at a personal level yet having influence over trust money, many are tempted to steal and end up doing so.

In addition, the prevailing economic difficulties have not spared anyone, including the learned ones. So the unscrupulous among them decide to try crime and other unethical conduct to get by.

Lloyd Mhishi, the immediate past Law Society of Zimbabwe president last year criticised most of the errant lawyers for being greedy at the expense of professionalism. He added that creditors were also starting to complain to the society about some lawyers not meeting payments.

“Quite a number of lawyers seem to be living beyond their means. Some members have accumulated personal debts which appear to be too high and they have failed to pay back,” he said.

He also put in a word about unfair labour practices, saying: “Members are reminded that failure to pay salaries and wages to staff members is an act of unprofessional conduct”.

We applaud the LSZ for their vigilance and strength to punish unethical conduct among its membership. Going forward, we urge the society to intensify its oversight role and toughen the punishment it metes on transgressors. The organisation has a big task of protecting its reputation and that of the legal profession, the property, peace of mind and wellbeing of their clients. No-one wants a painful irony whereby the trusted are the biggest thieves.

Bearing in mind the traditional reverence that Zimbabwean society accords lawyers, it takes a lot of courage for an unlearned person to question their conduct, least of all taking one to the LSZ or police. It is like reporting a policeman to police. We therefore are happy that many of our people are claiming their rights even when they are violated by someone with an intimidating profession as that of a lawyer.

Legal practitioners themselves should appreciate the profundity of their public responsibilities and conduct themselves with the highest level of integrity. Also, they must live within their means.

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