Expelled lawyers seek readmission

HARARE – Two lawyers have approached the Supreme Court seeking reinstatement to the Advocates’ Chambers after being kicked out for refusing to adhere to new regulations.

Taona Sibanda and Sylvester Hashiti were expelled from Advocates’ Chambers — an independent body of legal practitioners — after they refused to sign new regulations introduced by the association midway through their internship.

The new regulations barred Sibanda and Hashiti from accepting briefs to represent clients in their own names or appear in any court other than the magistrates’ courts in the absence of their supervisors.

The duo’s Supreme Court application is an appeal against High Court Judge November Mtshiya’s ruling, which was in favour of the Advocates’ Chambers.

In the application, the two cited 12 advocates, Advocates’ Chambers, the Bar Association and the Law Society of Zimbabwe as respondents.

Sibanda and Hashiti told the court they left the Advocates’ Chambers after refusing to sign new terms of admission, following the association’s resolution.

“The interim relief that was being sought at the court a quo was to bar the respondents from taking the law into their own hands and should not lock out any of the appellants,” Hashiti said.

The two said they want the association’s resolution to be declared unlawful, null and void.

However, representing the Advocates’ Chambers, Firoz Girach said the two can no longer be taken back into the organisation.

“The relationship has broken down and it’s such a pity that it took them so long to realise that they want to be taken back to the chambers,” Girach said.

Girach told the court one can only become an advocate after being employed for 36 months, adding that there was no doubt that the duo’s situation was irreversible.

Girach further told the court the two, who have not yet practiced for more than three years, had “washed dirty linen in public”, which he said was not good for the legal profession and the Advocates’ Chambers. He said the two had accused the association of trying to steal “their” clients.

“They have gone their way, we have gone our way,” Girach added. He said there were other members of the Advocates’ Chambers who are extremely uncomfortable in having the two back.

Judges Vernanda Ziyambi, Paddington Garwe and Bharat Patel reserved their ruling.

Comments (1)

This story is half-baked. Vital details are missing. It renders this site full of BS and generally useless.

John John - 11 November 2013

Post a comment

Readers are kindly requested to refrain from using abusive, vulgar, racist, tribalistic, sexist, discriminatory and hurtful language when posting their comments on the Daily News website.
Those who transgress this civilised etiquette will be barred from contributing to our online discussions.
- Editor

Your email address will not be shared.