A Kadoma businessman has lodged a formal complaint with the Law Society of Zimbabwe (LSZ) against a legal practitioner whom he accuses of breaching professional ethics by seeking executive intervention in a matter pending before the High Court.
Believe Guta, managing director of Balwearie Holdings (Private) Limited, reported lawyer Kundai Gloria Gumbo, who represents Kurt Louis Heyns in an ongoing ownership dispute involving his company and properties.
The complaint stems from a letter jointly authored by Gumbo and Heyns and addressed to President Emmerson Mnangagwa, requesting his intervention in the legal wrangle.
Guta argues that the correspondence undermines judicial independence and violates the ethical standards expected of legal practitioners 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.
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 legal issues properly reserved for judicial determination.
Guta emphasised that legal practitioners, as officers of the court, have a duty to uphold the independence of the judiciary and respect the constitutional separation of powers.
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He warned that correspondence inviting executive intervention in court cases risks creating a perception that judicial disputes may 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 requested the LSZ to investigate whether Gumbo's conduct is consistent with her duties as an officer of the court, her obligation to uphold judicial independence, and her professional obligations to avoid conduct capable of undermining public confidence in the legal profession.
Guta has copied his complaint to Judge President Mary Zimba-Dube.
