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Harare High Court
The Law Society of Zimbabwe v Rosewitter Madembo and Auxilia Mangwaira
HH 422-17
Case Details
Court
Harare High Court
Date
7 July 2017
Citation
HH 422-17
Neutral Citation
[2017] ZWHH 422
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSAKWA J
Full Bench
CHATUKUTA JMUSAKWA J
Areas of Law
Legal practitioners disciplineProfessional ethicsAdministrative law
Keywords
Legal practitionerDisciplinary tribunalCriminal convictionUnprofessional conductDisclosure
Tags
Legal practitionersDisciplinary proceedingsProfessional conductCriminal conviction
legislation
Statutes Cited
- Civil Evidence Act
- Civil Evidence Act
- Legal Practitioners Act
- Legal Practitioners Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether disciplinary proceedings against legal practitioners fall within the scope of \"civil proceedings\" under s 31 of the Civil Evidence Act","issue_type":"law","dispositive":"yes","related_facts":"Respondents' criminal convictions are subject of pending appeal; s 31 prohibits adducing evidence of criminal conviction during appeal"}
- {"issue_text":"Whether disciplinary proceedings should be stayed pending finalization of criminal appeal","issue_type":"procedural","dispositive":"no","related_facts":"Criminal appeal noted on 27 March 2012 remains pending"}
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background
Facts of the Case
Background
The Law Society of Zimbabwe brought disciplinary proceedings against two legal practitioners, Rosewitter Madembo and Auxilia Mangwaira, seeking their removal from the register for failing to disclose prior criminal convictions when applying for registration. Both respondents were convicted in 2012 of contravening s 170(1)(a) of the Criminal Law Act and had appealed their convictions. They raised points in limine arguing the proceedings should be stayed pending their criminal appeal.
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