Harare lawyer Advocate Thabani Mpofu has written to the Law
Society of Zimbabwe (LSZ) seeking the censure of MDC-T vice president Mr Obert
Gutu for unprofessional conduct.
Mr Gutu is also a lawyer practising under Gutu Chikowero
Legal Practitioners.
Adv Mpofu, who was representing the MDC led by Mr Nelson
Chamisa in the party logo dispute in Bulawayo last week, successfully sought
the recusal of Justice Martin Makonese from hearing the matter.
After the judge’s recusal, he accused the
lawyer-cum-politician of communicating falsehoods to the Press about what
happened in the Chambers of Justice Makonese.
He allegedly caused publication of stories insinuating that
Adv Mpofu had labelled Justice Makonese, a “Zanu-PF judge”.
Adv Mpofu denies ever accusing the judge of being
political. He dismissed Mr Gutu’s media statements as false and an
indirect attack on the judge.
Adv Mpofu argued that Mr Gutu’s conduct was tantamount to
attacking the person of the honourable judge using other people’s names.
He has instructed his own lawyer, Mr Raymond Moyo of Gill
Godlonton and Gerrans, to write to LSZ seeking the censure of Mr Gutu.
Part of the letter reads: “In fact, Mr Gutu attacks the Honourable judge using our
client’s name and attributing the attack on our client. Our client takes the
view that Mr Gutu must be censured for this conduct. Not only so, he must
retract these public statements. His retraction must be given the same
prominence as the allegations themselves.”
Mr Gutu’s alleged conduct, according to the lawyers,
brought embarrassment to Justice Makonese and legal practitioners.
“It brings the administration of justice into disrepute,”
the letter reads. Professor Lovemore Madhuku, who represented the Dr Thokozani
Khupe MDC-T faction in Justice Makonese’s Chamber, is said to have also
dismissed Mr Gutu’s statements as untrue.
“We are also instructed that Prof Madhuku has acknowledged
the falsity of the allegations being made against our client,” reads the
letter.
Mr Gutu is also being accused of behaving dishonourably.
“Our client is obviously also aggrieved that a senior
member of the legal profession has behaved dishonourably and in an unethical
fashion in that quite apart from the falsity of the allegations against our
client, he has purportedly sought to publicise what the parties and the judge
had dealt with in Chambers,” the letter reads. Herald
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