LAWYER CAUGHT IN CONFLICT OF INTEREST STORM

A REAL estate company has lodged a complaint with the Law Society of Zimbabwe against lawyer, Mr Moses Mapanga, after he represented a complainant in a case he formerly prosecuted when he was in State service.

Root Pro Properties is alleging that Mr Mapanga successfully applied to the Harare Magistrates Court for a warrant of execution against the real estate company, which had won a High Court appeal against the conviction that led to an attachment order.

Mr Mapanga, who is now practicing with Mapfidza, Rutsito Legal Practitioners, represented Mr Sanyamuwera, a complainant in a case he formerly prosecuted.

Root Pro Properties successfully appealed to the High Court and that particular conviction was quashed on January 12, 2023.

In upholding the appeal, Justice Pisirayi Kwenda dismissed an earlier award saying the trial court had imposed an “incompetent sentence”.

According to the letter to the LSZ, the real estate company stated that while the appeal was still pending in the High Court, Mr Mapanga left State service and moved into private law practice where he became Mr Sanyamuwera’s attorney in the same matter he once prosecuted.

“He then approached the Magistrates Court where he filed an application for registration of a restitution order for purposes of enforcement purportedly in terms of Section 372 of the Criminal Procedure and Evidence Act,” read the letter dated February 26, 2024.

“This application was premised on the Magistrates Court judgment from the Harare Criminal Court, Harare CRB HREP 3972/20 which found the respondent guilty, ordering him to pay US$9 450 to the applicant.

“This is the same judgment and order that had been quashed by the High Court a year earlier, pending appeal.”

A magistrate on February 5, 2024, granted an order in favour of Mr Sanyamuwera and went on to issue a warrant of execution against Root Pro Properties and three days later, the Messenger of Court was instructed to attach the company’s property.

Root Pro also wanted the Law Society to look into the magistrate’s decision.

But the Judicial Service Commission had already investigated and found that any claims that the magistrate acted in connivance with anyone else when issuing the order were unfounded.

“If he misinterpreted the law, this could not be dealt with administratively but only through the legal route. We could not find any evidence linking Mr Ncube to the alleged connivance with Mr Mapanga to suggest abuse of office,” said JSC’s head of policy and legal services Ms Bianca Makwande.

“In the absence of such evidence, we could not further our investigations.” Herald

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