Peter Matika, Senior Reporter
A ZIMBABWEAN based in South Africa has filed a complaint with the Law Society of Zimbabwe (LSZ) against a Bulawayo lawyer, Zibusiso Ncube.
Mr Smith Moyo is accusing the prominent lawyer of fraudulently selling his property to a Bulawayo businessman Mr Mike Marata.
Mr Moyo is a witness in the case between Mr Marata and Ncube, which is already in the courts.
He filed the complaint on Thursday at the LSZ offices in Bulawayo following the postponement of the Mr Marata case in court.
“My name is Smith Moyo. The basis of my complaint is that Zibusiso Ncube instructed the Messenger of Court to sell my property being stand No 550 Marvel Township 2 of Marvel A, Bulawayo when there was no court or writ of execution against me,” wrote Mr Moyo in the letter, of which this publication has a copy.
Mr Moyo stated that the property had been attached for execution in a different matter involving different individuals.
“. . . the matter between Progress Dube and Maxwell Sibanda, case No 7884/16 was released from execution by Zibusiso Ncube when I paid off the debt to him. Soon after my commitment to settle the amount, which was due to Zibusiso Ncube, a transfer was duly registered into my name in 2016 since I had purchased the said property in 2003 from Maxwell Sibanda,” wrote Mr Moyo.
He accused Ncube of fraudulently selling the property using title deeds that belonged to Sibanda.
“Ncube went ahead and fraudulently sold the property using the old title deeds despite him having full knowledge that the property belonged to me and that I was in possession of title deeds bearing my name. He also did not give regard to the fact that the property had been released from attachment with his consent,” said Mr Moyo.
He said he made efforts to set right the matter but Ncube was not forthcoming.
“As a result, I engaged legal practitioners who then filed an application with the High Court under case number HC 1820/20 and successfully declared the illegal sale a nullity. I also filed a police report which resulted in Zibusiso Ncube being charged with fraud under case number CRB 743 A-B/22, which is still pending before the courts.
“I have greatly been prejudiced financially as a result of Zibusiso Ncube’s actions, which loss I believe could have been avoided had he acted professionally even at the time I engaged him to settle the matter amicably,” said Mr Moyo.
He said Ncube’s actions warranted the urgent attention of the LSZ.
“. . . his actions warrant urgent scrutiny; otherwise, other people might also suffer especially if they can’t challenge him the way I have. Should you require any documentation to support the above stated, I am willing to furnish you with the same,” wrote Mr Moyo.
In the case where Mr Moyo is a witness, Ncube was dragged to court facing fraud charges, after allegedly selling Mr Moyo’s property to Mr Marata.
The matter is being heard at the magistrate’s court in Bulawayo.
Bulawayo Provincial Magistrate Mr Sangster Tavengwa, who had initially postponed the case to July 11 after Ncube’s legal team requested to prepare an appeal before the matter went on trial, had to further postpone the case as he had other legal obligations when the case was supposed to be heard in court.
The case will now be heard on July 27.
According to the State’s case as presented by Mr Denmark Chihombe, sometime in 2003 Mr Moyo bought a piece of land in Bulawayo’s Marvel Township of Killarney.
There was an agreement that the property’s title belonging to one Maxwell Sibanda would be transferred to him but that was not done.
Mr Chihombe said in 2015 Ncube, as a legal practitioner, obtained a judgment against Sibanda to transfer the property to Mr Moyo but he later sold it to Mr Marata.
Ncube appeared with a fellow accused, Mgcini Moyo, who is a Messenger of Court.
Mgcini, according to the State, was in charge of handling paperwork concerning the case.
“On 28 December 2016, the property was transferred to Mr Moyo under deed 1771/2016. On 4 December 2019 Ncube and Mgcini sold the property to Mr Marata. The pair prejudiced Mr Moyo of $326 174,33 and US$500.”