Breaking News

Nyarota's lawyer fined for negligence

by Staff reporter
21 February 2019 | 364 Views
Harare lawyer Doreen Vimbai Gapare was recently fined $500 by the Law Society of Zimbabwe (LSZ) after she was convicted of unprofessional and compromised conduct in handling a case involving senior journalist Geoffrey Nyarota.

Nyarota, who is the founding editor-in-chief of the Daily News, reported Gapare to the LSZ in February 2017 for gross negligence in the handling of his dismissal by Association Newspapers of Zimbabwe (ANZ), publishers of the Daily News, in May 2010.

The matter went to arbitration and on August 2, 2011, arbitrator Johnlife Mawire found ANZ guilty of summarily and illegally dismissing Nyarota from his employment.

The arbitrator then awarded Nyarota a total of $90 921 as compensation and damages, whereafter Gapare successfully applied for registration of the arbitral award at the High Court.

Nyarota was then requested by Gapare to pay Scanlen and Holderness $650 towards the execution of the award by the Deputy Sheriff. But after the money was paid, the execution was never enforced.

Subsequent inquiry by Nyarota revealed that the amount had been transferred to Gapare's account at the law firm on her instruction.

ANZ later filed an appeal at the Labour Court against both judgment and quantification of the award and the court then requested the parties to file heads of argument in order for the matter to proceed, but Gapare failed to do so.

By the time the matter was finally set down for hearing, 19 months later, Gapare had still not done anything, claiming that Nyarota was in arrears in payment of his legal fees.

Nyarota dismissed her assertions, arguing that there was no record of any such demand having been made to him at the material time.




It, however, emerged that Gapare had, in fact, given an undertaking in writing to the clerk of the Labour Court in November 2012 that she would submit the heads of argument by December 2, 2012.

When the matter was finally heard on July 10, 2015, the Labour Court handed down a default judgment against Nyarota and upheld ANZ's application.

Nyarota then reported Gapare to the LSZ in February 2017 and in June 2018, the LSZ ruled that it was Gapare's duty to protect her client.

"In coming up with an appropriate sentence, council considered the fact that a legal practitioner should, at all times, while seized with a matter in the best interests of the client, as the client relies on the expertise and competence of a legal practitioner," LSZ executive secretary, Edward Mapara wrote to Gapare in a letter dated February 5.

"It was council's view that a legal practitioner's conduct should not, in any way, prejudice the client, as had been the case in this matter. Council has, thus, resolved that you be ordered to pay a fine of $500 within 21 days of notification."

In considering the case, the disciplinary and ethics committee of the LSZ also considered Nyarota's complaint that Gapare had improperly associated with ANZ's chief operations officer, Sharon Samushonga, when she took to hugging her in the court room.

Nyarota had complained that it was insensitive of his lawyer to display such affection in court towards his opponent.

Nyarota Lawyer Fined

Source: newsday

Comments

Latest News

Rocks from mountain crush huts in Zimbabwe

by City Press | 24 March 2019 | 2446 Views

'Tax reforms to rescue debt-distressed Zimbabwe'

by Staff reporter | 24 March 2019 | 695 Views

Afreximbank grants Zimbabwe interbank forex trade loan

by Staff reporter | 24 March 2019 | 781 Views

Zimbabwe volcano fears - The Civil Protection Department (CPD) in Masv...

by Staff reporter | 24 March 2019 | 3013 Views

Mnangagwa goes Biblical: 'Zimbabwe accepts will of God'

by Staff reporter | 24 March 2019 | 1083 Views

Open letter to President Mnangagwa

by Viniel Deredza | 24 March 2019 | 913 Views

Warriors ease into Afcon finals

by SuperSport | 24 March 2019 | 583 Views

Rights Commission finalising probe into Zimbabwe army crackdown - THE ...

by Staff reporter | 24 March 2019 | 164 Views

3 lawyers banned from practising - THREE lawyers have been banned from...

by Staff reporter | 24 March 2019 | 627 Views

Jabulani Sibanda to bounce back?

by Staff reporter | 24 March 2019 | 991 Views

Questions over Mnangagwa's choice of advisors - ON three occasions, Pr...

by Staff reporter | 24 March 2019 | 258 Views

Potraz board okays tariff increases

by Staff reporter | 24 March 2019 | 232 Views

Horror Cyclone destruction trail unravels - THE human toll of Cyclone ...

by Staff reporter | 24 March 2019 | 144 Views

LIVE: Zimbabwe vs Congo Brazzaville

by Staff reporter | 24 March 2019 | 3524 Views

Zimbabwe debt should be audited - ZIMBABWE should not rush to pay its ...

by John Kachembere | 24 March 2019 | 821 Views

Zimbabwean couple hijacked in Durban, wife missing since Monday - A Zi...

by Staff reporter | 24 March 2019 | 3760 Views

Mnangagwa's days numbered

by Staff repo | 24 March 2019 | 8103 Views

Zimbabwean man dies during sex with SA mistress - A  67- year-old...

by Staff reporter | 24 March 2019 | 3654 Views

Zimbabwean company donates laptops to needy SA varsity students - Zoro...

by African News Agency (ANA) | 24 March 2019 | 1043 Views

Gweru prophet sets up school of spiritual gifts - Gweru-born Prophet G...

by Staff reporter | 24 March 2019 | 491 Views

Potraz brings toll free platforms to rural folk

by Staff reporter | 24 March 2019 | 165 Views

Mnangagwa pledges support for Gukurahundi victims

by Staff reporter | 24 March 2019 | 418 Views

Zimbabwe banks must support the interbank trading - THE interbank mark...

by Andrew Lampard | 24 March 2019 | 264 Views

Robbing the poor in the name of patriotism - The post-Robert Mugabe ad...

by Tawanda Majoni | 24 March 2019 | 224 Views

'Using Air Zimbabwe will pose logistical problems for Mnangagwa' - Dep...

by Staff reporter | 24 March 2019 | 422 Views

Entertainment

Andy Muridzo promises new album

by Simbarashe Sithole | 18 March 2019 | 308 Views

Kwejani band is back! - AFTER an eight-year hiatus, Victoria Falls' su...

by Staff reporter | 13 March 2019 | 1189 Views

Moyo revives Pantsula genre

by Staff reporter | 10 March 2019 | 465 Views

Majaivana's sad farewell

by Bruce Ndlovu | 10 March 2019 | 6757 Views

Nceku shifts base to SA

by Staff reporter | 09 March 2019 | 827 Views

Baba Harare abandoned by band members - Jit musician, Baba Harare has ...

by Staff reporter | 04 March 2019 | 2050 Views

Winky D pays the price

by Staff reporter | 03 March 2019 | 5517 Views
iBlog

Apple Watch Teardown Reveals Unique Hardware And Replaceable Parts

The apple watch may not be fine jewelry, but bill detwiler cracks it open and shows you why he thinks it's a fine piece of tech. the apple watch may be beautiful on the outside, but how about on the inside? in this cracking open installment, we go in... Read More
Sergey 11 June 2015 ago

Five Reliable Outlook Pst File Repair Tools

Outlook pst files can become corrupted -- and when that happens, work grinds to a halt. if your organization relies on outlook, one of these tools could save the day. outlook is the industry standard groupware tool. let's take a look at five that can... Read More
ITnews 04 May 2015 ago