Online Reporter
Pro Deo, [email protected]
Beware the rise of bogus lawyers and rogue debt collectors
IN a previous instalment, we discussed how members of the public can identify a registered legal practitioner by requesting a valid practising certificate for the current year.
The Law Society of Zimbabwe (LSZ) continues to intensify its fight against bogus or “bush” lawyers who prey on unsuspecting clients. These individuals not only undermine the integrity of the legal profession but also expose members of the public to financial loss and serious legal consequences.
Today’s practising certificates carry enhanced security features, including watermarks, designed to prevent forgery. More importantly, the reverse side of each certificate bears a unique code that can be scanned for instant verification of its authenticity. These measures are a critical step towards restoring confidence in the legal system and ensuring that only qualified practitioners offer legal services.
The message is simple: the public must be protected from unprofessional hands masquerading as lawyers. Ask to see the PRACTISING CERTIFICATE. Scan it for authenticity. If a person cannot produce it, or refuses to allow verification, walk away.
Debt collectors: Who is allowed to collect?
Having addressed the issue of fake lawyers, we now turn to a matter causing serious concern in Matabeleland South, particularly in Beitbridge District. Debt collection agencies have sprouted “like mushrooms in the rainy season”. A troubling pattern has emerged in their operations: collecting money from both creditors and debtors, only to disappear with the funds.
The law on this issue is clear, and it continues to evolve in order to close existing loopholes. Debt collection, where it involves legal demand, negotiation, the drafting of letters of demand, issuing summons or representing parties, falls within the exclusive purview of registered legal practitioners. No other individuals or entities may perform these functions unless expressly authorised by law.
I am aware of at least one “debt collection office” in the province purportedly headed by an “advocate”. That alone should raise serious red flags. Strictly speaking, many lawyers are not advocates. Advocates are specialist legal practitioners who do not take instructions directly from the public. Instead, they receive briefs from attorneys. Any arrangement in which an “advocate” markets services directly to debtors and creditors for collection work is legally questionable at best. The Law Society of Zimbabwe will, no doubt, have answers for those who remain vigilant and seek clarification.
What the law says
Section 8 of the Legal Practitioners Act [Chapter 27:07] clearly outlines the privileges reserved exclusively for registered legal practitioners. These include the right to appear in court, draft legal documents, and demand or recover debts on behalf of clients.
Section 9 of the same Act creates offences for unqualified individuals who present themselves as legal practitioners or perform duties reserved for them. While it provides limited exceptions — such as directors and employees of corporations, and members of partnerships carrying out certain acts for their own entities — these exceptions are strictly confined. They do not extend to offering debt collection services to the public for a fee.
One is therefore compelled to ask: where do so-called debt collectors, who are not lawyers, derive the audacity to threaten to “sue out summons” or institute legal proceedings? Without proper registration, they have no legal standing to take such action. Any summons issued through such channels would be invalid, potentially exposing the creditor to unnecessary costs, reputational damage and legal embarrassment.
Questions debt collectors must answer
To all debt collection agencies operating in Beitbridge and beyond, this column invites you to respond publicly to the following questions:
1. What are your academic and professional qualifications?
2. Which regulatory body oversees your operations?
3. Under which Act of Parliament are you authorised to demand debts, issue letters of demand, or threaten legal action?
These are not trivial questions. They go to the heart of accountability, legality and consumer protection.
The parting shot is this: there is currently no specific legislation in Zimbabwe dedicated exclusively to regulating debt collectors. In the absence of such a legal framework, the Legal Practitioners Act remains the governing statute. Until Parliament enacts a separate regulatory regime, debt collection involving legal processes remains the sole preserve of registered legal practitioners.
Protect yourself
If you have entrusted money to a debt collector who has subsequently disappeared, report the matter immediately to the police and to the Law Society of Zimbabwe. Swift action may improve the chances of recovery and help prevent further victims.
If you owe money, insist on dealing directly with a registered legal practitioner or the creditor themselves. Avoid making payments to intermediaries who cannot demonstrate their legal authority. Always demand proof, and where possible, verify documentation before parting with your money.
The courts, the LSZ and this column remain committed to protecting the public. Remember: when it comes to your rights, your money and your legal matters — to the vigilant belongs the victory.
This column provides general legal information, not legal advice. For advice on your specific matter, consult a registered legal practitioner.
