THE Law Society of Zimbabwe (LSZ) says it is finalising investigations into charges of alleged criminal and unethical conduct by two Mutare lawyers, NewsDay was told.
Cosmas Chibaya of Chibaya and Partners Legal Practitioners has been under investigation since 2022 after a complaint was filed against him for alleged unethical conduct over the sale of a residential stand in Chikanga high-density suburb, Mutare.
He is being charged together with Medusa Simango of Mupindu Legal Practitioners as a collaborator in the matter for allegedly not executing her professional duties honestly and diligently.
Chibaya is accused of having sold a contested stand in Chikanga to Lackmore Chikove.
LSZ executive secretary Edward Mapara confirmed to NewsDay that investigations are almost complete.
“The matter was deferred because there was information that was not disaggregated concerning the two lawyers under probe. By the end of May this case should be complete,” said Mapara.
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LSZ is an association mandated with registering lawyers and regulating how legal practitioners and law firms operate in Zimbabwe.
Mapara said the case was before the council for final deliberations.
“The council will determine whether the lawyers are found guilty or not,” he said.
“If the matter is deemed serious to the extent that the council feels it has no jurisdiction to impose certain penalties sufficient to meet the justice of the case, it will refer the matter to the tribunal, but if it feels it is within the jurisdiction of its penalties, it will convict and ask the members to mitigate or the council may also decide that there is no substance to the complaint.
“So, this is where we are on the Chikove versus Chibaya case.”
Mapara said the LSZ was reviewing disciplinary procedures in order to deal with complaints brought by ordinary people against errant lawyers.
He said the LSZ remained steadfast in pursuit of its strategic objective of effective regulation of the profession in the public interest.
“We are currently reviewing the process because we currently believe the system is too elaborate and lengthy,” he said.
“We cannot operate outside the legislation unfortunately, which is why we are reviewing it and making sure it improves the process. We have proposed our amendments to the Justice, Legal and Parliamentary Affairs minister.”
Chikove wrote a letter of complaint to LSZ against Chibaya and Simango on August 1, 2022 accusing them of unprofessional conduct.
Chikove claims that in April 2021, he was informed by Chibaya that there was a residential stand measuring 312 square metres going for US$13 000.
Chibaya later referred Chikove to Simango whom he introduced as a colleague that would do the agreement of sale on his behalf after paying for the stand.
In January 2022, Chikove started building his house.
However, in February 2022 one Joseph Ngorima claimed ownership of the same stand.