THE Law Society of Zimbabwe (LSZ) is still working on the sentence in a case in which it convicted a Bulawayo-based law firm of unprofessional conduct eight months ago.
Webb, Low and Barry in which newly elected councillor for Ward 4 in Bulawayo, Mr David Coltart, is a senior partner, was in December last year found guilty of failing to remit US$13 000 in trust funds in contravention of By-Law 3 (35) of the Legal Practitioners (Code of Conduct) SI 37 of 2018.
This was after a Bulawayo businessman, Mr Ndabezinhle Lorenzo Maseko filed a complaint against the law firm to the LSZ over their failure to remit his money that was entrusted to the firm.
In a letter dated December 15, 2022, and addressed to Mr Coltart, LSZ executive secretary, Mr Edward Mapara stated that his law firm had been found guilty of unprofessional conduct for failure to execute the client’s mandate with diligence in contravention of By-Law 3 (35) of the Legal Practitioners (Code of Conduct) SI 37 of 2018.
The letter said council at its meeting held on October 25, 2022, considered the complainant lodged against the firm and the responses given thereafter.
It said the council noted that the failure to pursue the matter when there was no apparent payment was improper conduct.
“Council resolved that you be found guilty of unprofessional conduct for failure to execute the client’s mandate with diligence in contravention of By-Law 3 (35) of the Legal Practitioners (Code of Conduct) SI 37 of 2018 and that you be asked to mitigate. Kindly let me hear from you within the next 14 days.”
The cited clause, By-Law 3 speaks of unprofessional, dishonourable or unworthy conduct with subsection 35 reading as follows: “Failing or neglecting to treat a client fairly or to take reasonable steps to preserve or protect a client’s best interests.”
LSZ president Ms Rumbidzai Matambo said the offence was not personally committed by Mr Coltart. She, however, said the issue was based on administrative decisions as a managing partner.
“Sentencing has not been done yet as the secretariat is still working on the file,” she said.
Quizzed on why it is taking too long to pass the sentence given the seriousness of the offences, Ms Matambo said: “Not that I am aware of disciplinary processes taking time so it’s not unusual.”
Before reporting the matter to LSZ, Mr Maseko had sought recourse in the courts and through his lawyers Ndlovu, Mehluli and Partners, filed summons at the Bulawayo Provincial Magistrate’s Court under case number 41/22 citing Webb, Low and Barry, Mr Coltart and his partners Mr Josphat Tshuma and Ms Chetna Lutchman as defendants.
In papers before the court, the plaintiff said sometime in 2013, he instructed Webb, Low and Barry through Mr Stanley Bruce Alfred Longhurst, who was then partner, and later Mr Stephen Collier, to recover a debt of US$47 000, which he was owed by Bekezela Zonde and Shorayi Zonde.
Summons were issued on behalf of the plaintiff under case number HC2610/10 and a summary judgment was sought under case number HC961/13 on August 15, 2013.
“During the course of the proceedings, certain amounts were paid towards clearing the US$47 000 debt until US$19 000 remained in dispute. The defendants under case number HC961/13 tendered payment in the sum of US$16 000 to clear the debt, which they acknowledged,” stated Mr Maseko in court papers.
He said subsequent to that, the amounts of US$5 000, US$8 000 and US$6 000 were deposited into Webb, Low and Barry’s trust account on different occasions between September 25, and December 23, 2015.
Mr Maseko said he only became aware that Webb, Low and Barry had received the payment on his behalf on April 28, 2021, after he was informed by his current lawyer.
Source Zimsituation
