RICHARD MUPONDE
A HARARE lawyer, Kudzaishe Gama is under investigation by the Law Society of Zimbabwe (LSZ) over allegations that he facilitated the transfer of a property into his client’s name despite the existence of a mortgage bond on the property and failing to remit money to beneficiaries.
Gama, of Gama and Associates, was hired as a conveyancer to transfer a stand, Lot I of Subdivision A Lot H of Lots A & B called Adylinn of Bluffhill which belonged to Norbert Njazi into his client Frank Rudolph’s name.
He allegedly failed to remit the developmental levy to Saltana and CBZ Bank Limited which held the mortgage bonds, leading the financial institution to losing its security of US$80 000.
According to a letter written to Gama by LSZ executive secretary Edward Mapara, the lawyer’s conduct was in violation of sections 20, 21 of the Code of Conduct SI 37 of 2018.
“You are being implicated of facilitating the transfer of a property despite the existence of a mortgage nod on the property and failure to remit funds due to Saltan. In terms of the Law Society by-laws, you are requested to reply to the substance of the complaint within 14 days,” Mapara wrote.
“Kindly note that your failure to respond within the stipulated timeframe will result in negative inferences being drawn for your failure to respond and the matter would be forwarded to the disciplinary and ethics committee without further reference to you.”
Mapara said the accusations were on the basis of documentary evidence received from the parties involved.
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“You are, therefore, to furnish as much evidence as possible in substantiating any averments you may make in relation to the complaint investigation,” he wrote.
The complaint had been made by Njazi, who was the owner of the property when CBZ sued him for loss of its security bonds, arguing that he was in debt.
“I may not be a legal practitioner, but I am concerned that (Mr) Gama didn’t conduct his duties properly as required of him by the law,” Njazi said.
However, Gama has dismissed the complaint by Njazi, saying it is a matter of sour grapes after he was evicted by Rudolph from the house.
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