By Mashudu Netsianda
A High Court judge has ordered disgraced lawyer, Sindiso Mazibisa, to pay back a 64-year-old Kezi woman $40,000 which he embezzled three years ago.
The money, which the shamed Mazibisa failed to deliver, was part of Patricia Wonyana’s share from her late son’s estate. Mazibisa was a senior partner at Cheda and Partners, which was shut down last year.
Wonyana, whose son died in South Africa three years ago, approached Mazibisa to assist her with the legal processes to get the money from an estate executor in the neighbouring country. Mazibisa was paid, but did not give Wonyana her share forcing her to approach the courts.
Bulawayo High Court judge Justice Martin Makonese has since issued an order compelling Mazibisa to pay back the money with interest.
“The application for summary judgment be and is hereby granted and respondent is hereby ordered to pay applicant the sum of $40,000 together with interest at five percent per annum calculated from July 1, 2013 to date of full payment,” ruled the Justice Makonese.
The judge also ordered Mazibisa, the sole respondent in the matter to pay the legal costs incurred by Wonyana, the applicant at an attorney-client scale.
Wonyana through her lawyer, Godfrey Nyoni of Nyoni and Moyo Legal Practitioners, said Mazibisa received her money from a South African executor and instead of transferring it into her bank account, he blew it.
In her founding affidavit, Wonyana said despite having acknowledged the debt, Mazibisa failed to pay. “Mazibisa acknowledged that he owes me the sum of $40,000, which we agreed upon as the equivalent of R400,000 as at 2013 and we signed a deed of settlement to the effect,” said Wonyana.
In terms of the deed of settlement signed on September, 30, 2015, between the two parties, Mazibisa had agreed to pay the woman $5,000 per month beginning October 31, 2015. He, however, failed to honour the terms of the agreement.
In his defendant’s plea, Mazibisa said although he acknowledged the debt, he denied that the money was due and payable. He claimed that there was a payment plan for him to pay in tranches of $5,000 per month starting end of this month.
However, Wonyana’s lawyer said Mazibisa received the money in 2013. He said Mazibisa’s defence was solely aimed at delaying court processes and frustrating Wonyana’s efforts to recover the money. The Chronicle
