Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
GOVERNMENT has approved the proposed amendments to the Legal Practitioners Act to ensure a high standard of professional ethics, good governance, transparency and accountability.
This follows the presentation of the proposal to the Cabinet by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi.
The Legal Practitioners Act (Chapter 27:07) regulates the legal profession in Zimbabwe. The Act established the Law Society of Zimbabwe, (LSZ), a corporate body which was incorporated in terms of the Law Society of Zimbabwe (Private) Act.
Government wants to amend several clauses of the act to ensure transparency and accountability in the legal profession.
As part of the amendments, ministerial appointments to the Law Society Council will be increased from two to four councillors in the national interest.
In her post-Cabinet briefing on Tuesday, Information, Publicity and Broadcasting Services Minister Monica Mutsvangwa said there are several provisions of the Act that have been identified that need to be amended to ensure a high standard of professional ethics, efficient and economical use of resources as well as transparency and accountability.
In terms of some of the provisions, the Minister of Justice, Legal and Parliamentary Affairs will be able to exercise his discretion to approve or disapprove external funding raised by the LSZ to ensure efficient and economical use of resources.
“Cabinet considered and approved the Principles of the Proposed Amendment to the Legal Practitioners Act. The nation is informed that Section 52(o) of the Act will be amended by the insertion of a new section that authorises the Minister of Justice, Legal and Parliamentary Affairs to exercise his discretion to approve or disapprove external funding raised by the Law Society of Zimbabwe to ensure efficient and economical use of resources,” she said.
“This will ensure good corporate governance principles as entrenched in the Constitution. Furthermore, Section 54(1)(b) is amended so that Ministerial appointments to the Law Society Council are increased from two to four councillors in the national interest.”
The LSZ is an association mandated with registering lawyers and regulating how lawyers and law firms operate in the country.
It was formed in 1981 to replace the previous bar association. The membership of is drawn from all registered legal practitioners residing in Zimbabwe whether in private practice, in commerce or in civil service.
Lawyers have on many occasions been caught on the wrong side of the law with the legal profession’s regulatory body detecting abuse of funds at some law firms.
Several lawyers have been deregistered after they were found guilty of corruption.
Last month a prominent lawyer Charles Chinyama was found guilty of six counts of unethical conduct for fleecing clients’ of money running into thousands of United States dollars, plunging the name of the learned profession into disrepute.
Chinyama, a senior partner at Chinyama and Partners Legal Practitioners, is just one of many attorneys fleecing large sums from their clients, given the number of lawyers that have so far been deleted from the practising lawyers’ registrar.
His conviction comes after the LSZ hauled him before the Legal Practitioners Disciplinary Tribunal (LPDT) on seven counts of improper conduct.
He was accused of a string of charges ranging from acting in an improper and unseemly manner by having a questionable relationship with a client who was the estranged wife of the complainant in the course of divorce proceedings between the couple.
Chinyama also failed to account to a client and to properly perform a client’s mandate and taking advantage of such client and failure to issue receipts and to account for funds held in trust, and placing himself in a position of conflict with client’s interests. — @mashnets
Online Reporter