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. Newsday
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