MARTIN MAWAYA
GWERU-Law Society of Zimbabwe (LSZ) has fined a Gweru-based lawyer for professional misconduct after he obtained two default judgments against a visually impaired man without proper notice, according to a tribunal ruling seen by The Midweek Watch.
The LSZ Tribunal found Arnold Sakunje of Pundu and Company guilty on two counts of unprofessional conduct and imposed fines of US$350 and US$500 respectively.
The tribunal said Sakunje secured a default judgment against Mthandazo Moyo on May 4, 2022, after serving court papers a day earlier, in breach of rules requiring at least seven days’ notice.
“You acted unprofessionally in snatching a judgment,” LSZ tribunal said in the ruling.
According to the tribunal, Sakunje repeated the misconduct in the same matter by obtaining another default judgment at 8am despite having requested the court to set the matter down for 11:15am.
The LSZ said the conduct violated By-law 3(20) of the Legal Practitioners Code of Conduct, which bars behaviour likely to diminish public confidence in the legal profession.
“You had a duty to ensure that the matter was heard at the time it had been postponed to… The explanation to the effect that you had forgotten the time… was unreasonable,” reads part of the judgement.
Sakunje had been representing Tadious Andrew Mugambiwa in a dispute over the ownership of a Nissan Caravan vehicle.
Mugambiwa sought a court order compelling Moyo to transfer ownership, arguing that he had completed payment.
However, Moyo disputed the claim, saying the full purchase price had not been paid, according to court records.
Mugambiwa has since dropped Sakunje as his legal counsel and is now represented by Thomas Militao.
The civil case remains pending at the Gweru Civil Court under case number GWGL748/22.
Meanwhile, Moyo filed a complaint with the Zimbabwe Anti-Corruption Commission (ZACC), alleging corruption and misconduct in the handling of the case.
In his submission, Moyo questioned the authenticity of a receipt purportedly issued by Tyna Auto Electrics as proof of payment for vehicle servicing.
In a sworn affidavit, Givemore Mabiza, the owner of Tyna Auto Electrics, said his garage only handles auto-electrical work and had not serviced the vehicle, registration ACE-6890, disowning the invoice.
ZACC confirmed receipt of the complaint but declined to comment further, citing ongoing investigations.
When contacted, Sakunje denied wrongdoing.
