High Court suspends Makunike

allegedly scuffling with his client outside a city bank, has been suspended for six weeks pending an inquiry into allegations of unprofessional conduct.
If Makunike, a lawyer of 20 years, is convicted, he faces de-registration from the Law Society of Zimbabwe.
A tribunal chaired by High Court judge Justice Chinembiri Bhunu ordered the suspension of the lawyer to allow the LSZ to investigate the allegations.
“It is ordered that the respondent (Mr Makunike) is hereby suspended from practising as a legal practitioner for a period of six weeks pending an inquiry by the council of Law Society of Zimbabwe into allegations of professional misconduct.
“During the period of suspension, the respondent is prohibited from operating in any way, any trust account or business account or opening any trust or business account,” ruled the tribunal.
Justice Felistus Chatukuta and lawyers Mr Davison Kanokanga and Mr Raphael Costa were part of the tribunal.
Mr Makunike is accused of abusing trust funds close to US$11 888.
The money was reportedly sent by Ms Apolonia Chikabinga from Australia for the purchase of a residential stand in Norton two years ago.
The lawyer allegedly converted the mo-ney to personal use.
Mr Makunike also stands accused of publicly scuffling with a client Mr Joseph Ama-ugo after the lawyer deducted US$6 000 as legal fees from the US$30 000 awarded to the client as damages.
A Colbro Transport truck splashed some dangerous acid on Amaugo injuring him in 2009.
Amaugo, who did not have money, enga-ged the services of Mr Makunike to claim for damages.
It is Amaugo’s argument that he agreed with Mr Makunike that he would get 20 percent of the money paid as legal fees.
It is claimed Mr Makunike transferred US$2 000 into his personal account before deducting a further US$4 000 leaving Amaugo with US$24 000.
Amaugo claimed that he had already paid Mr Makunike US$2 200 and that he was supposed to have given him US$30 000 and not US$24 000.
This allegedly sparked a fight in the streets before Amaugo filed a report to the LSZ.
Mr Makunike argues that he never assa-ulted Amaugo. He said it was Amaugo who attacked him in public.
The lawyer also denies stealing any money from the client saying he only took 20 percent of the total award as agreed.
“I never stole any money from Amaugo and that is why he has failed to cause my prosecution for theft of trust funds. I was entitled to US$6 000 and there was nothing unlawful in my accessing US$2 000 from that account,” he said.
LSZ deputy executive secretary Mr Wilbert Mandinde stated in his affidavit that Mr Makunike was nine years ago convicted and warned against behaving in an unprofessional manner.
On the case involving money sent from Australia, Mr Makunike said LSZ could not seek his de-registration based on a case that allegedly occurred two years ago on an urgent basis.
“The applicant seeks my de-registration from the bar for a transgression that occurred in 2009. It could always proceed by way of ordinary application,” said Mr Makunike.