Who else has been scammed? …. As conflict between ...

Who else has been scammed? …. As conflict between lawyers exposes scam involving government offices and judiciary system

Zim Now Writer

A document by a lawyer responding to allegations of misconduct has raised questions on operations at The High Court, Registrar of Companies, the Registrar of Deeds as well as some named law firms and legal practitioners.

The Office of the Master of the High Court has also been dragged into the mess by deceitful characters and criminals.

In a letter dated November 9, 2023, addressed to the Law Society of Zimbabwe, Tawanda Zvobgo of Zvobgo Attorneys alleges a case of collusion and outright criminal activities in some of the offices.

The 92-page letter, which includes 24 supporting documents, is in response allegations raised by Bherebende Law Chambers, acting on behalf of Believe Guta.

The Law Society of Zimbabwe confirmed through their communication office that they do have such a case before them.

According to Zvobgo’s letter, at the centre of controversy is “a certain piece of land situate in the District of Hartley, called Remainder of Westhey of Sabonabona Estate measuring 97, 0653 hectares and under Deed of Transfer No 4110/92 dated 8th June 1992”, registered under the name Balwarie Holdings (Private) Limited.

It is Zvobgo’s assertion that Guta, who carries a previous conviction for a similar crime, used questionable means to be declared the owner of the said estate.

“After registering a company identical to the true owner, Guta obtained a default judgement dissolving the true owner of the immovable property. He has also obtained a default judgement preventing the Heyns family from ever relying on the CR14 documents which made them directors in the true owner of the company…” reads Zvobgo’s allegations.

Zvobgo goes on to outline how Guta managed to register companies with similar names to the legal entities, including the one holding ownership of the entities. Zvobgo says this shows collusion within the Registrar of Companies and Registrar of Deeds offices.

Name searches are routinely carried out on registration of new companies to ensure that no two companies carry the same identity.

Zvobgo alleges that Guta managed to register a new company called Balwarie Holdings (Private) Limited, the exact name of the company holding title for the disputed estate. Guta then got his company declared the rightful owner, thereby shutting out the previous title holder.

Gatooma Development Corporation (Private) Limited and Paragon Real Estate are registered under names of companies already in existence, as contained in Zvobgo Attorneys’ response.

Perhaps the most scathing of the attacks go to legal practitioners who acted on behalf of Guta along the way whom Zvobgo Attorneys say they are worried about.

The letter goes on to cite other irregularities, including a default judgement being issued in a Bulawayo court for the Harare-based companies.

It further questions the conduct of legal representatives acting on behalf of Guta. Lawyers are considered officers of the court who should uphold truth, trust and justice at all time.

“We are, however, worried about the legal practitioners that have enabled Mr Guta’s fraud against the Heyns family.

i)There is the category of lawyers that has strongly defended Mr Guta’s claim to the immovable property. These lawyers have suggested that it is possible for a company that was registered in 2020 to own a property whose title deeds say it was registered in 1992.

“They have assisted Mr Guta to defend the dissolution of the true owner of the immovable property and secured court orders declaring Mr Guta’s company to be the legitimate owner of the immovable property.

“ii)There is a category of lawyers that have represented non-existent litigants in an effort to strengthen Mr Guta’s claim to the immovable property… they have effectively misled the Court and taken advantage of their position of trust as officers of the Court.

“iii)There is the category of lawyers that have defended the registration of three companies, all similar to companies already in existence,” write Zvobgo Attorneys.

Zvobgo Attorneys allege that a lawyer colluded with Guta to create a fictitious person whom they say “was legally represented at each of the two hearings that resulted in the provisional and final liquidation orders.

“How does the responsible legal practitioner being Ms I. M. Mutero address the non-existence of Alouis Mabhunu, the Master’s non-receipt of the liquidation application, the Master’s denial of the Master’s certificate used in that matter and the fact that both the Master and the Council of Estates Administrators and Insolvency Practitioners have never heard” of the person who was appointed as liquidator. This in itself reeks of incomprehensible fraud,” charge Zvobgo Attorneys.

Another allegedly non-existent person used in the reported fraud is a Philimon Mutekwa and Zvobgo writes that the Law Society has already charged one Tafadzwa Chikanga with unprofessional conduct.

Mutero was employed at Sinyoro and Partners and represented Mabhunu when the provisional and final liquidation orders were granted in respect of application under HC6913/21.

Zvobgo also questions the conduct of a Mr H Mawema of WOM Simango and Associates who acted on behalf of Paragon in High Court Case Number HC5135/22 to nullify the sales of subdivisions to the 69 occupants of the disputed estate.

Guta was arrested by the Zimbabwe Anti-Corruption Commission and appeared before magistrate Marehwanazvo Gofa at the Harare Magistrates’ Courts early November, facing charges of stealing land and property through numerous companies that he formed.

Guta’s application for bail was dismissed.

A legal practitioner, who declined to be named, told Zim Now that a proper investigation will reveal that this case is not isolated and there is need for investigations into the fraud that probably runs into real estate valued into multiple millions.

“It is an open secret that there are legal practitioners and real estate agents who have been working with the system to take over estates (especially of white people) by creating fake documentation,” said the legal practitioner.

The lawyer cited the case against a prominent lawyer whose employees have appeared in court charged with presenting fake power of attorney papers to effect title transfers on some properties.

They also cited the issue of Cecil John Rhodes’ estate, which a number of people have filed fraudulent CR14 forms to declare themselves directors of Karoi Properties and Beverley East Properties.