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B-Metro Reporter
BULAWAYO lawyers, Doreen Vundhla-Phulu and Brighton Ndove have been deregistered by the Law Society of Zimbabwe (LSZ) following allegations of unethical conduct.
Following her suspension, Vundhla-Phulu and her law firm, Vundhla-Phulu and Partners’ woes deepened when a former client sued her for alleged “deficiency in service.” LSZ corporate communications manager Richard Chidza confirmed Vundhla-Phulu’s deregistration.
“We can confirm that Mrs Doreen Vundhla-Phulu was deregistered early this year,” Chidza said.
Furthermore, the LSZ put a notice in a daily newspaper on Thursday, indicating that Ndove has also been deregistered. According to the LSZ, “those who are owed money by Mr Brighton Ndove are advised to approach the curator Mr Job Sibanda of Job Sibanda and Associates situated at 3rd Floor, East Wing, Forestry Commission Building.”
Allegations against Vundhla- Phulu were that she duped Innocent Makope when she purported to be selling a residential stand. According to court papers, sometime in 2018, Makope bought a house and engaged Vundhla-Phulu to process some paperwork to change ownership.
After noticing that the complainant had an interest in purchasing properties, Vundhla-Phulu allegedly told Makope she was also selling a stand in Sunninghill suburb for US$30 000, a price she later reduced to US$26 000. The court heard that Makope proceeded to view the stand and was satisfied with the deal. He then transacted an amount of $40 000 in local currency after the two had sealed an agreement and the money was equivalent to US$26 000 at the time.
“After payment, the complainant made a follow-up on paperwork with Vundhla-Phulu, but failed to receive the document,” read court papers.
To his shock, Makope later learnt that the stand he had purchased was no longer available and Vundhla-Phulu promised to find a replacement for him but failed to do so. A report was made to the police leading to Vundhla-Phulu’s arrest and her subsequent appearance in court before Bulawayo magistrate Rachael Mukanga facing fraud charges.
As if that was not enough, late last year one of Vundhla-Phulu’s aggrieved clients, Viola Chagweka, filed an application at the Bulawayo Civil Court claiming she (Vundhla-Phulu) had failed to provide her with satisfactory service in a case between her and her former husband Sydwell Nsingo.
She claimed Vundhla-Phulu refused to refund her US$1 300 being the amount she had paid her to initiate and pursue an appeal on her behalf. She said despite Vundhla-Phulu’s initial commitment to refund her the money, she failed to make any payments prompting her to seek legal action. Chagweka also alleged that Vundhla-Phulu lost the title deeds for her house.
“The plaintiff’s claim is for the sum of $1 300 United States dollars which is for services not rendered. I also demand the title deeds for my house,” her suit reads in part.
Prior to seeking legal recourse, Chagweka formally lodged a complaint against Vundhla-Phulu with LSZ on 5 July 2023.
Her complaint reads in part: “Following a judgement by the High Court on my case, I engaged Vundhla-Phulu to file my appeal papers at the Supreme Court. Before proceeding with the matter Vundhla-Phulu demanded that I pay her all the amount for the services to be rendered within four days to which I did and the papers were filed on the 16th of March 2021.
“After serving the Supreme Court and respondent’s lawyers, Vundhla-Phulu then got a call from the Supreme Court that they needed a copy with a High Court stamp. This then made her realise that she did not serve the High Court. On the 21st of May 2021, Vundhla-Phulu then made a chamber application for reinstatement but the matter was struck off the roll due to some reasons which I believe Vundhla-Phulu knows. Mrs Vundhla-Phulu did not tell me of this development but just became reluctant with my case”.
She stated that on 9 March 2023 Vundhla-Phulu was called to appear in court on her case but she did not appear and upon inquiring as to why she did not appear she told her that she was not able to attend because of “network problems”.
“I then had to ask my brother who is in Harare to help me follow up with my case. Through his assistance, I realised that the matter was struck off the roll. I confronted Mrs Vundhla-Phulu on why she lied to me about the position of the case and surprisingly she told me that she was not aware that it was struck off.
“Later, I found out that Vundhla-Phulu was suspended from duty and her company was put under judicial management and Mr Majoko of the Majoko and Majoko Legal Practitioners was appointed the new man in charge of her clients. I then went to Mrs Vundhla-Phulu and asked her to take my files to Mr Majoko and she took them to him as agreed,” she said.
She said her complaint arose when Majoko informed her that he was unable to proceed with her case unless additional money was paid.
“This is not going well with me as I have paid all the money to Vundhla-Phulu. Mr Majoko wrote an invoice early this year which I took to Vundhla-Phulu and on which she promised to pay. It is now almost two months without any action from Vundhla-Phulu and time is moving for my case to be heard. Her promises are never fulfilled and this is eating me deeply especially considering that Mr Majoko is insisting that he cannot file my papers without having received any payment.
“Moreover, Vundhla-Phulu was in possession of my title deeds but to my surprise, she is saying she cannot locate them which makes me worried. With the importance I attach to these title deeds, I am having sleepless nights as to how I will recover them,” her complaint further reads.
Presiding over the case, Bulawayo magistrate Vakai Douglas Chikwekwe dismissed the application seeking an order to compel the delivery of the title deeds, citing the court’s lack of jurisdiction to handle interdict proceedings. He, however, ordered Vundhla-Phulu to reimburse Chagweka the sum of US$1 300.
He said it was not in dispute that the applicant engaged the respondent who was then a registered legal practitioner and practicing law in the courts of Zimbabwe.
“Despite having been placed under curatorship it was her duty to hand over all cases and their status to the curator or update the curator on the status of each case. I hereby find the respondent liable to pay back the US$1 300, for the services not rendered properly. Judgment is therefore granted in favour of the applicant in the sum of US$1 300,” ruled Chikwekwe.
“Furthermore, the public is advised that Mr Tungamirai Nyengera is still registered, however, he has not renewed his Practising Certificate with the Law Society of Zimbabwe for 2024 and he is therefore, not entitled to offer legal services to clients.”
Online Reporter