BY STAFF REPORTER
PROMINENT lawyer advocate Keith Kachambwa has been reported to the police and the Law Society of Zimbabwe (LSZ) on allegations of consenting on behalf of a client without their knowledge or instruction on a matter that was at the High Court.
In a letter addressed to the LSZ, copied to the Prosecutor-General, Chief Justice, and the police, businessman Chemist Siziba said Kachambwa acted unprofessionally and fraudulently in High Court proceedings under HC9051/13 when he consented to an argument that resulted in the order issued against him without his knowledge or instructions.
“I am bitterly complaining about the unprofessional and fraudulent conduct of one of your members of the legal profession, Advocate Kachambwa. The basis of my complaint arises from a court order of the High Court issued on September 27, 2018 and granted with what purports to be by consent of the parties,” Siziba complained.
He said he came to know of the order in October 2021, adding that he was shocked and perplexed about the circumstances under which Kachambwa had entered into that consent.
“The revelation and the said court order only came to my attention in early October 2021. Upon learning about such an order, I became extremely shocked and perplexed about the circumstances under which my advocate had entered into such consent without my knowledge.”
Siziba said he confronted Kachambwa, who claimed to have been given instructions by the instructing counsel Chenaimoyo Gumiro of Moyo, Chikono, and Gumiro Legal Practitioners.
“However, Gumiro went on to express his astonishment on the issue of the consent. He categorically stated that he had not instructed our advocate to enter into such a consent. He stated that at law, a legal practitioner is not permitted to enter into a consent, a compromise, or deed of settlement without the express instruction or express authority of the client,” Siziba said.
Gumiro, in an affidavit seen by NewsDay, distanced himself from the consent order issued by Kachambwa, saying he had not instructed him to enter into a consent order.
He said it would not make sense for him to have consented to “such a ridiculous arrangement” as there was no way he could reasonably be expected to disown the acquisition of shares that he bought in Great Insight Investment and Nyland Enterprises Private Limited on behalf of his client.
Siziba said he had been prejudiced as a result of the fraudulent conduct of Kachambwa.
He is now challenging Kachambwa to produce the instruction which made him act in that manner.