FORMER Zanu PF MP and senior lawyer, Cuthbert Mpame, has been fined US$1 000 by the Law Society of Zimbabwe after he was found guilty of unprofessional conduct over his handling of trust funds.
This followed a complaint by former NewsDay editor Wisdom Mdzungairi over how Mpame handled funds relating to Mdzungairi’s purchase of land from the lawyer’s property firm.
Mpame was the MP for Zvishavane-Runde in the previous Parliament.
In his letter, Council secretary Lynda Mapara said Mpame had neglected to adequately protect his client’s money, violating By-Law 3(9) of the Legal Practitioners Code of Conduct and engaged in conduct that could potentially bring the legal profession into disrepute, in contravention of By-Law 3(20).
“On April 4, 2024, the Council of the Law Society considered this matter. Council found you guilty of unprofessional conduct in that you neglected to protect a client’s money where such protection was reasonably expected in contravention of By-Law 3(9) of the Legal Practitioners Code of Conduct SI [Statutory Instrument] 37 of 2018 and engaged in conduct that is likely to put the profession into disrepute in contravention of By-Law 3(20) of the Legal Practitioners (Code of Conduct), 2018,” Mapara said.
During a subsequent hearing on September 10, 2024, the Council reviewed Mpame’s mitigation submissions but concluded that he had failed to maintain proper oversight of his trust account.
“Council considered an appropriate sentence taking into account your submissions in mitigation. Council noted that a principal of a law firm had an obligation to oversee the operation of the trust account and account for all the transactions,” council said.
The complainant had confirmed that he was reimbursed for the trust money.
However, the Council noted that the manner in which the trust funds were released to a third party based on verbal instructions created a troubling precedent.
As a result, Mpame was fined US$500 for each of the two charges, which have to be settled within 30 days of the notification.
“For the charge of neglecting to protect a client’s money where such protection was reasonably expected that you be ordered to pay a fine of US$500 within thirty days of notification of the Council resolution,” Mapara said.
“Failing which, an application for your suspension from practice for eight months will be made, for the charge engaging in conduct that is likely to put the profession into disrepute, you be ordered to pay a fine of US$500 within 30 days of notification of the Council resolution.
“Failing this, an application for your suspension from practice for a period of eight months will be made to suspend him from practice for eight months.”
The ruling underscores the importance of maintaining stringent ethical standards within the legal profession and serves as a warning to practitioners regarding the management of client funds, observers said.
