adminRichard Muponde Sunday News Correspondent
BULAWAYO High Court judge Justice Lawrence Kamocha has been sucked into a messy legal battle between PG Industries and one of its senior managers, amid revelations that he was given a fraudulent letter to issue a judgment in a court application which had not been set down for hearing and also reserved judgment in the same matter for the past four years.
This was revealed in a chamber application by PG marketing director Mr Nkululeko Mabhena where he is suing four PG Industries lawyers for contempt of court for allegedly filing fraudulent letters before the High Court to sway the court from giving him his outstanding salary and benefits.
According to court papers seen by Sunday News, Mr Mabhena filed the chamber application for contempt of court last week against Promise Ncube, a senior partner at Coghlan and Welsh Legal Practitioners and her colleague Esther Sarimana. The other two are Alice Tafadzwa Muza and Advocate Thabani Mpofu of Mawere and Sibanda Legal Practitioners.
The matter has also invited the attention of Judge President, Justice George Chiweshe after Mr Mabhena brought the matter to his attention. Mr Mabhena wants Justice Chiweshe to force Justice Kamocha to deliver a judgment he reserved four years ago in the matter.
Justice Chiweshe has since acknowledged receipt of the complaint from Mr Mabhena.
“I acknowledge receipt of your letter dated 24 December 2014 plus attachments. I shall revert to you in due course,” wrote Justice Chiweshe to Mr Mabhena, a former Highlanders Football Club secretary.
Mr Mabhena is also seeking the Law Society of Zimbabwe to constitute a disciplinary tribunal against the four lawyers with the intention of de-registering them from legal practice for allegedly filing fraudulent letters in court and misleading Justice Kamocha.
The order being sought by Mr Mabhena reads: “ The affidavit filed by the respondents (lawyers) in HC292/2009 on 1st July 2009 is hereby declared to have been grossly irrational, grossly unreasonable and the fictitious ‘Respondents’ cited in this affidavit under HC292/2009 is prima facie evidence of unprofessional conduct, and behaviour unworthy and unethical by registered legal practitioners. The letter dated 14th February 2011 be and is hereby found not to be based on affidavits by the Respondents’ clients (PG Industries) in HC292/2009 and be is hereby declared to have been grossly unreasonably and is a prima facie evidence of unprofessional conduct and behaviour unworthy and unethical by registered legal practitioners.
“PG Industries (Zimbabwe) Limited having formally and in writing stated that the US$21 820 paid on 24th December 2010 was legal fees, the Court makes a finding of fact that the Respondents deliberately lied under oath and misled the Honourable Justice Kamocha by false allegations that Applicant’s (Mabhena) salary was $0,64 at law and that the US$21 820 was also a benevolent gift to Applicant, contrary to the true equivalence of US$8 140 025 which must be paid to Applicant as per the unilateral exchange rate proffered by Respondents and their clients.”
Mr Mabhena also wants the lawyers to purge their contempt of court by approaching Justice Kamocha and formally withdraw the alleged fraudulent letters they filed and also call upon the judge to hand down the true order he reserved four years ago in case HC1713/2009.
He also wants the LSZ to establish an urgent disciplinary tribunal to deal with each of the four lawyers who were involved in misleading Justice Kamocha.
Mr Mabhena also demands that the four lawyers instruct PG Industries to immediately “release his US$8 140 025 salary”, failure of which they themselves settle the amount within 72 hours of the order.
He also implored the High Court to make a finding that through the alleged fraudulent letters, the four lawyers deliberately misled Justice Kamocha and procured a fraudulent judgment that they had paid his salary when PG Industries deposited the $21 820, yet it was stated that it was for his legal fees.
In his founding affidavit, Mr Mabhena said Justice Kamocha issued out a strange injustice court order which was not based on truth.
“According to the face of this order, the Honourable judge stated that it was case HC 292/2009 that he ‘heard’ PG Industries (Zimbabwe) Limited, PG Zimboards Products Private Limited and PG Industries (Zimbabwe) Limited Group Chief Executive Officer, N.O. on 17th February 2011 and there is no mention of case HC1713/2009 and the hearing of 16th February 2009,” said Mr Mabhena.
He said the lawyers used the fraudulent letters to dupe Justice Kamocha to grant the order.
“As can be seen that there is no affidavit by the Respondent’s clients with the alleged ‘finding’ of fact, it is clear that they procured a fraudulent relief using the letter of 14th February 2011, behind my back. The legal fees of Z$21 444 650, 32 was unilaterally exchanged to US$21 820 on 24th December 2010. According to the order HB1/2012 the Respondents convinced the Honourable Mr Justice Kamocha, in HC292/2009 and without my knowledge that my salary added up to Z$8 billion as calculated on 24th December 2011. The matter HC292.2009 was never set down at all,” he said.
“On the same date Z$21 444 650,32 was unilaterally exchanged to equal US$ 21 820. Therefore using the same exchange rate used to settle Legal Fees in the same order, the United States dollars equivalence of Z$8 billion was US$ 8 140 025.”
Justice Kamocha issued the contentious order on 8 February 2012.
Mr Mabhena was reinstated to his post of marketing director in May this year by the late national hero, Justice Andrew Mutema seemingly bringing to end the 16-year-old legal battle.
The legal battle started in 1999 when Mr Mabhena fell ill and was at one time certified dead twice by doctors at Mater Dei Hospital only to “come back to life” to find PG Industries having paid his funeral expenses.
Online Reporter
Londile Moyo