BY MIRIAM MANGWAYA
PROMINENT Harare lawyer Jonathan Samkange of Venturas and Samkange was given a 24-hour ultimatum by Sabonabona residents to withdraw papers he filed at the Supreme Court on their behalf without their instruction.
On Monday, Sabonabona Progressive Residents Association acting chairperson Ezekiel Chinoingira wrote to Samkange, notifying him that if he failed to withdraw the papers, the residents would file a complaint against him with the Law Society of Zimbabwe (LSZ).
In the letter, dated September 20, 2021 and copied to the Registrar of the Supreme Court and LSZ executive secretary Edward Mapara, Chinoingira, on behalf of the residents, said although Samkange was claiming that he was acting on behalf of them, they were denying that they had given him instructions.
The matter between Balwearie Holdings Private Limited and the Sabonabona residents is filed at the Supreme Court under SC 245/21.
This comes barely a month after another lawyer, James Magodora based in Kwekwe, was found guilty of professional misconduct by the LSZ after he acted on behalf of the Sabonabona residents without their consent.
“We make reference to the above matter wherein you filed a notice of opposition on behalf of the eighth to 37th and 39th to 76th respondents,” Chinoingira stated in the letter.
“What has disturbed us is that while you indicated that you are acting on behalf of the eighth to 37th and 39th to 76th respondents, our members, who are included among the respondents whom you purport to be representing, have indicated that they did not give you instructions to represent them.
“Some of them initially wanted to file separate complaints with the Law Society of Zimbabwe but we have decided to first alert you of this so that you can consider withdrawing the papers which you filed on behalf of all persons who did not give you direct instructions.”
The residents said it was their own conclusion that Samkange was misled to file on behalf of the residents without their consent.
Samkange is also the Zanu PF legislator for Mudzi South.
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