A 36-year-old Bulawayo-based legal practitioner, Martin Chirwa, appeared in court for allegedly converting his client’s divorce settlement funds, amounting to over $15,000, for personal use. Chirwa was given the money by Mr. Denford Gwizi’s ex-wife’s lawyers as part of a 50% share of a house in Emganwini suburb, valued at $30,000.
The accused allegedly collected the funds from Sansole and Senda legal practitioners on four occasions, totaling $16,400. However, instead of handing over the money to his client, Chirwa purportedly converted it to his personal use. The payments were made by Ms. Isabel Mpala towards the 50% share of the house, with the understanding that Mr. Gwizi would vacate the property after three months’ notice.
Chirwa appeared before Bulawayo magistrate Mr. Maxwell Ncube and was remanded in custody to April 8. Prosecutor Ms. Josephine Gurazhira presented the case, highlighting that Chirwa had breached the terms of the divorce settlement by not handing over the funds to his client.
The court heard that Chirwa had collected the following payments:
– $10,000 on January 6, 2022
– $2,000 and $1,200 on February 18, 2022, totaling $3,200
– $1,100 and ZAR1,500 on March 7, 2022
“At the meeting the complainant was accompanied by the accused person as his legal representative and Isabel Mpala the ex-wife to the complainant was represented by her Lawyer Mr Nkosilathi Mlala of Sansole and Senda Legal Practitioners,” reads the court papers.
“The agreement was that after full payment of the 50 percent share, Mr Gwizi would have three months’ notice to vacate the house in question. The complainant entrusted the accused person to collect the divorce settlement payments on his behalf from his ex-wife’s lawyers at Sansole and Senda Legal Practitioners and hand over the funds in full to him,” Ms Gurazhira said.
“However, in breach of the terms under which the divorce settlement money collected was held, the accused did not hand over the money to the complainant but instead converted it to his personal use,” she said.
“Later on, the same day, the complainant’s ex-wife paid US$1 200 to his lawyers and accused person was advised of the payment. Accused person went back to Sansole and Senda Chambers and collected the US$1 200 and signed another acknowledgement of receipt form for this payment. The total amount collected for that day by the accused was US$3 200 and in breach of the terms under which the divorce settlement money collected was held, the accused did not hand over the money to the complainant as agreed but instead converted it to his personal use,” Ms Gurazhira said.
The offence came to light when Ms. Mpala engaged her legal practitioners in July 2022 to evict the complainant from the house after the expiry of the full three months after her payment of the 50 percent share of the property.
“After the complainant had been evicted, he sought explanation from the accused person who was adamant that he never received any payment from his ex-wife or lawyers,” the court heard.
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