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Daniel Nemukuyu Senior Court Reporter
Harare lawyer and former magistrate Mr Tapuwa Edson Mudambanuki of Mudambanuki and Associates has been suspended from practising as a legal practitioner pending investigations into allegations of unprofessional conduct. High Court judge Justice Felistus Chatukuta, sitting with Justice Chinembiri Bhunu as the Legal Practitioners Disciplinary Tribunal, recently slapped Mr Mudambanuki with a six-week suspension and placed Mudambanuki and Associates under curatorship for that period.
Mr Mudambanuki is accused of failing to remit US$30 000 to the intended recipient in a property transaction involving his client.
He is also accused of dishonourable conduct for allegedly failing to pay rentals to the tune of US$87 000 to his landlord at Construction House.
Another client, Mr Taurainei Kambarami, filed a report with the Law Society of Zimbabwe in which he said Mr Mudambanuki failed to represent him in a case at the Goromonzi Magistrates’ Court despite paying him.
After hearing the arguments from the parties, the tribunal saw it fit to suspend Mr Mudambanuki for six wee0ations.
“It is ordered that (Mr Mudambanuki) be and is hereby suspended from practising as a legal practitioner, conveyancer and notary public for a period of six weeks with effect from February 10, 2014.
“The respondent’s firm, Messrs Mudambanuki and Associates be placed under curatorship for the period of the suspension,” ruled the tribunal.
LSZ applied for Mr Mudambanuki’s suspension after receiving complaints from his clients and landlord.
The society first received a written complaint from Southgate Real Estate, who were representing a Mr Nhika.
Mr Nhika bought a property from Mr Mudambanuki’s clients, Denford and Doreen Mugauri, for US$210 000.
Zimplats was a holder of a caveat on the property and the proceeds of the sale had to be forwarded to Zimplats in order to uplift the caveat.
Mr Mudambanuki allegedly received the US$210 000 but only forwarded US$180 000, converting the balance to personal use.
As a result, Zimplats did not uplift the caveat and Mr Nhika failed to assume ownership of the property.
Mr Mudambanuki confirmed he remitted US$180 000 and retained the balance for outstanding legal fees.
Separately, Construction Industry Pension Fund, which owns the Construction House space where Mudambanuki and Associates is housed, wrote to LSZ complaining of unpaid rentals amounting to US$87 068, 81.
Mr Mudambanuki said he was in the process of settling the bill.
He submitted that he was representing Mr Cecil Madondo of Tudor House Consultants, who was handling judicial management and liquidation of three companies, and he would pay the rentals once he got his payment.
On the third complaint, Mr Mudambanuki said he had attended court on behalf of Mr Kambarami in Goromonzi and there was no truth in the report.
Online Reporter