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Law Society of Zimbabwe finds Advocate Ndlovu guilty despite court acquittal

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HARARE – The Law Society of Zimbabwe (LSZ) has found Advocate Method Ndlovu guilty of unprofessional conduct, ruling that he failed to treat a professional colleague with respect and courtesy, despite his prior acquittal on assault charges in the Magistrates’ Court.

The decision, communicated in a letter dated May 22, 2025, from LSZ Executive Secretary Edward Mapara, stems from a complaint filed against Ndlovu by Gabriel Maromo of Hogwe Nyengedza Attorneys.

The core allegation was that Ndlovu physically assaulted Maromo at the High Court of Zimbabwe by slapping him across the face.

Advocate Ndlovu had denied the assault and argued that his acquittal by the Magistrates’ Court precluded the Law Society from re-investigating the matter.

However, the LSZ Council deliberated on April 28, 2025, and determined that its disciplinary process is “sui generis” – meaning it operates independently of criminal proceedings.

The Council noted that the standard of proof in criminal matters (“beyond reasonable doubt”) is significantly higher than that in disciplinary proceedings.

Citing the case of Njanike v Chairman, Police Service Commission HH 584/14, the LSZ stated that its burden of proof is lower and that an acquittal in a criminal court does not prevent the Law Society from taking action if there is prima facie evidence of professional misconduct.

The LSZ Council also stated that affidavits from witnesses to the incident supported the finding that Ndlovu had assaulted the complainant.

The Council viewed the fact that these witnesses did not testify in court as a matter for the court to determine, not for the LSZ to speculate on.

“Council noted that the affidavit signed by the witnesses to the incident proved that you indeed assaulted the Complainant. In Council’s view, the fact that both witnesses did not testify in court is a matter for the court to determine, not for the LSZ to speculate.

“In the premises, Council resolved that you be found guilty of unprofessional conduct for failing or neglecting to treat professional colleagues with respect, courtesy, and fairness in contravention of By-Law 3(23) of the Legal Practitioner (Code of Conduct) By-Laws, 2018 and that you be asked to mitigate,” read part of the letter.

Advocate Ndlovu has been requested to submit his mitigation pending sentence within 14 days of the letter’s date. Failure to do so will result in the Council deliberating on the sentence without further reference to him.

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Bright Mawoko
10 months ago

Obviously the law society doesn't trust the judiciary system of the country

Mper Hadts
10 months ago

That's the only thing they know best, so out of all those serious ills, that's the only thing they can address?🤔

John Fesibhuku
10 months ago

In the first place is that head legal?

Gibson F Marwa
10 months ago

I thought it’s called Professional misconduct.

Jeremiah Mutongi Bamu
10 months ago
Reply to  Gibson F Marwa

The correct term is typically professional misconduct. This phrase is widely used in professional, legal, and regulatory contexts to describe behavior by a professional that violates ethical standards, codes of conduct, or legal obligations associated with their profession. For example, professional misconduct might include negligence, fraud, or breaches of confidentiality.

Unprofessional conduct is sometimes used interchangeably, but it’s less formal and may refer to behavior that doesn’t meet professional standards without necessarily rising to the level of a legal or regulatory violation. For instance, unprofessional conduct could include rudeness or poor communication but might not always trigger disciplinary action.
The specific term depends on the context, such as the profession, governing body, or jurisdiction. For example:’
From Grok

Nicky Tich
10 months ago

Does law society has court and sentencing

Reggis Kanengoni
10 months ago

Hawu my brother

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