Ngoni Dapira  

THE Law Society of Zimbabwe (LSZ) is now finalising judgments on the complaints against prominent Mutare lawyer Cosmas Chibaya of Chibaya and Partners who was found guilty of unprofessional conduct and Medusa Simango of Mupindu Legal Practitioners, who is also being accused of not executing her professional duties honestly and diligently, as a collaborator in the same case, Easterntimeszim has learnt.

LSZ regulatory services, risk and compliance manager Rebecca Magorokosho-Musimwa on Wednesday said final judgments on the cases would be laid down soon.

“There was a council meeting on March 11, 2025 and will share the resolutions with the complainant before end of next week but we have since advised the complainant that any aggrieved party can use the current resolution to pursue any available remedies at law, pending the final determination of the sentence by Council,” said Magorokosha-Musimwa.

The LSZ is a self-governing body and association mandated to register lawyers and regulate how lawyers and law firms operate in Zimbabwe.

Last year in June, the LSZ found Chibaya and Simango guilty of unprofessional conduct after the complainant, Lackmore Chikove (35) from Mutare, filed a complaint over a double sale of a stand by Chibaya who roped in Simango to execute the deal.

Chikove submitted his complaint to the LSZ on 1 August 2022 seeking recourse. Chibaya is accused of having willfully sold a property in Chikanga to Chikove, which he knew had ownership disputes.Chibaya sold a residential stand in the high-density suburb of Chikanga in Mutare to Chikove despite being aware that the stand had ownership disputes.

In a letter dated 24 July, 2024 by the LSZ to Chibaya, it stated, “Council resolved that you be found guilty of unprofessional conduct for failing or neglecting to take reasonable steps to protect a client’s best interests in contravention of By-Law 3 (35) of the Legal Practitioners (Code of Conduct), By- Law, SI (Statutory Instrument) of 37 of 2018 in that, you facilitated the sale of the property to a third party despite being aware that the ownership of the property was contested and that, you be asked to mitigate.”

Chibaya is being sentenced together with Simango  who is also being accused of not executing her professional duties honestly and diligently, as a collaborator in the matter.

In a separate letter to Simango last year on 24 July, the LSZ stated that, “Council deliberated and noted that, it was apparent that you had not exercised due care in this matter. In Council’s view, you ought to have taken steps to protect your client’s interests. Council noted that you had received from the Complainant money, which you transmitted to the seller without any due diligence into the title of the property,” read the letter which also found her guilty of unprofessional conduct.

Both lawyers were given the opportunity to submit their mitigation submissions pending the final judgment which the LSZ now wants to hand down after the Council meeting on 11 March.

In his letter of complaint to the LSZ, Chikove reported that in April 2021 he approached Chibaya inquiring about a residential stand 1521 in Chikanga Phase One. Chibaya told him that the 312 square metres stand was being sold US$13 000 and he was in possession of the original title deeds.

After agreeing on the deal and making a down payment of US$9000 to Chibaya, Chikove was referred to Simango whom he introduced as a colleague that would do the agreement of sale on his behalf. Chikove said he also paid US$250 to Chibaya for the agreement of sale and was instructed to also pay an additional US$50 to Simango.

The agreement of sale was then crafted by Simango. Chikove says he later paid the US$4000 balance within three months as contracted in the agreement of sale. He paid the installments through Mupindu Legal Practitioners, who had been left as the caretaker in the deal.

In January 2022, Simango is said to have prepared the transfer papers and Chikove started building his four bed-roomed house at the stand after being given assurance by Simango that everything was in order. However, in February 2022 he was surprised to see Joseph Ngorima come to the stand claiming it was his stand. By that time construction had reached window level.

The concerned parties tried to settle the matter amicably out of court between February and July 2022, but there was no resolve, which pressed Chikove to report the matter to the LSZ for recourse.

Magorokosho-Musimwa said the next step is for the Law Society Council, on recommendation from the Disciplinary and Ethics Committee (DEC) to consider the mitigation submitted by the two lawyers then they decide on an appropriate sentence which ranges from a caution to a fine of up to US$1000 or equivalent.

Chikove however said regardless of the pending judgement Chibaya had so far paid him back the US$13000 for the stand but what is left is the US$14 700 spent on construction works up to window level and other expenses.

“He (Chibaya) might have denied everything to the Law Society of Zimbabwe in his defense response, but he paid me back my US$13 000 for the stand in installments which he completed in November last year. What is left now is the US$14 700 reimbursement that I spent on construction material and labour up to window level and other minor expenses relating to this matter, but Chibaya has been unyielding to pay this,” said Chikove who produced the receipts of the payment to this reporter.

According to the LSZ, since 1997 up-to-date, the LSZ has deregistered 71 lawyers in total for unprofessional conduct, whilst of late as of April 2024 alone, four lawyers have been disbarred.