Martin Chirwa
was reportedly given the money by Mr Denford Gwizi’s ex-wife’s lawyers as a
divorce settlement of 50 percent share of a house in Emganwini suburb.
The accused
allegedly abused his role as Mr Gwizi’s legal practitioner when he collected
the funds from Sansole and Senda legal practitioners on four occasions until
the money amounted to US$16 400.
Mr Gwizi’s
wife, Ms Isabel Mpala, had paid the money to buy his share of their house in
Emganwini suburb.
Chirwa appeared
before Bulawayo magistrate Mr Maxwell Ncube and was remanded in custody to
April 8.
Prosecuting, Ms
Josephine Gurazhira, said in November 2021 Mr Gwizi in the company of Chirwa
attended a divorce settlement meeting to share properties between himself and
his ex-wife Ms Mpala.
“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 meeting was
held at Sansole and Senda Law Chambers where a consent paper was drafted and
agreed upon indicating how the movable and immovable properties were to be
shared between the two parties.
The court heard
that among the immovable properties was the two parties’ house in Emganwini
suburb worth US$30 000, which was supposed to be shared equally and the parties
agreed that Ms Isabel Mpala would pay Mr Gwizi US$15 000 to buy his 50 percent
share.
“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.
It was on
January 6, 2022, that Ms Mpala handed over US$10 000 cash to her Lawyer Mr
Nkosilathi Mlala at Sansole and Senda Legal Practitioners towards the 50
percent share of the house, which was then given to the accused who collected
the money as per agreement and signed the acknowledgement of receipt form.
“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.
For the second
count on February 18, 2022, Ms Mpala paid US$2 000 to her lawyers towards the
house, which Chirwa collected on the pretext that he was to hand it over to the
complainant and signed the acknowledgement of receipt to that effect.
“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.
On the last
count on March 7 2022, Chirwa went to collect cash from Ms Mpala’s lawyers,
which was US$1 100 and ZAR1 500 that he also converted to his personal use.
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. Chronicle
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