Advocates clash with Law Society regulation

court-hammerChambers Association last year as research assistants, clashed with the association after they started getting their own briefings and getting their own bills before finishing the required three years of tutellage. The Supreme Court yesterday heard the duo’s case in which they were challenging the High Court decision.

Justice Vernanda Ziyambi, sitting with justices Paddington Garwe and Bharat Patel yesterday reserved judgment after hearing arguments from the two lawyers and the other parties cited as respondents in the application.  The 12 advocates operating from the Advocates’ Chambers in Harare, the Bar Association of Zimbabwe and the Law Society of Zimbabwe were cited as respondents.  The pair represented itself while Advocate Girach Firoz, Mr Modeccai Mahlangu and Adv Patty Kachidza represented the respondents. Mr Sibanda and Mr Hashiti argued that the High Court erred in dismissing their application for reinstatement to the chambers.

The High Court threw out the duo’s application  on the basis that they were not in compliance with Section 4 (1) of the Legal Practitioners’ Act which makes it illegal for a lawyer to practise on his own account before the expiration of a period of not less than 36 months from the date of registration.  The two claim that they were issued with practising certificates upon completing their studies and immediately applied to practise as pupils and members.
It is the duo’s argument that they worked under the auspices of their seniors Advocate Lewis Uriri and Advocate Thabani Mpofu and they were not operating on their own.

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