A HARARE-based legal practitioner Kundai Gloria Gumbo is under scrutiny after a businessman lodged a formal complaint with the Law Society of Zimbabwe (LSZ) accusing her of breaching professional ethics by seeking executive intervention in a High Court matter.
SouthAfrica newsGumbo, who represents Kurt Louis Heyns in a protracted ownership wrangle, is accused by Believe Guta, managing director of Balwearie Holdings (Private) Limited, of co-authoring a letter with her client addressed to President Emmerson Mnangagwa. The letter requested the Head of State's intervention in the legal feud involving several properties held under Belwearie Holdings.
Guta argues that the correspondence undermines judicial independence and violates ethical standards expected of lawyers in Zimbabwe.
"Notwithstanding the existence of Court Orders and pending litigation, Ms Gumbo and her client authored correspondence inviting the intervention of the Head of State in relation to issues that were already before competent courts and those that were already determined," Guta wrote in his complaint to the LSZ.
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The letter of complaint was copied to Judge President Mary Zimba-Dube.
The dispute between Balwearie Holdings and Heyns has been subjected to several court proceedings, all of which Guta says his company has won, with a few still pending. The matters concern ownership of immovable property and other issues properly reserved for judicial determination.
Guta emphasised that legal practitioners, as officers of the court, have a duty to uphold judicial independence and respect the constitutional separation of powers. He warned that inviting Mnangagwa's intervention in court cases risks creating a perception that disputes can be resolved through political influence rather than through constitutionally established courts.
"I hereby lodge a formal complaint against Ms Kundai Gloria Gumbo, a legal practitioner who acted on behalf of Mr Kurt Louis Heyns. In my respectful view, such conduct raises serious concerns regarding the professional obligations of a legal practitioner," Guta stated.
He has requested the LSZ to investigate whether Gumbo's conduct is consistent with her duties as an officer of the court and her obligation to uphold public confidence in the legal profession.
The long-running Balwearie Holdings saga revolves around the ownership of Sabonabona Estate, a massive agro-residential housing project in Kadoma and the legitimacy of the company's registration.
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The litigation unfolded after Guta's company was challenged by Heyns and his associates, who claimed control over the original Balwearie Holdings registered in 1977. They attempted to evict scores of residents from the Kadoma property but were stopped in their bid after the Supreme Court ruled in Guta's favour.
The Registrar of Companies intervened, and the courts--including multiple High Court rulings and the Supreme Court--found that the 1977 Balwearie entity was dissolved. The courts ultimately recognised Guta's registered Balwearie Holdings as the only legitimate and lawful entity.
The legal war eventually spilled over into the political and judicial spheres. Guta previously accused former High Court Judge Justice Webster Chinamora of judicial misconduct, alleging that a controversial judgment had been passed on an unargued matter and later erased from archives. This led to the establishment of an official presidential tribunal to investigate the judge's conduct.
