LSS SUSPENDS LAWYER MACHAWE FROM PRACTICE

MBABANE - The Law Society of Swaziland has suspended lawyer Machawe Dlamini from practice.

In suspending Dlamini, the council of the law society found that he was unfit and not proper to continue practising as an attorney. The suspension of the Manzini-based lawyer comes after the Law Society Disciplinary Tribunal found him guilty of alleged dishonesty and misappropriation of Trust funds. In its ruling, the tribunal had further ordered that he should pay an elderly widow a sum of E380 000.  The tribunal did not only direct the lawyer to pay Sara Tsabedze (born Nxumalo) but it had further recommended to the Law Society of Swaziland (LSS) to take appropriate steps to remove him from the roll of practising lawyers. The verdict of the panel came after the aggrieved woman approached the law society, which then remitted the matter to the tribunal for determination.

Strength

Acting on the judgment of the tribunal, the council of the LSS, on the strength of Section 36 of the Legal Practitioners Act of 1964, suspended the lawyer. In the letter of suspension which has been circulated to all courts, it is stated that while serving his suspension, Dlamini is not supposed to engage in the practice of law. He was also ordered to compensate the complainant (Tsabedze) all the monies due to her, in terms of the judgment issued by the Law Society Disciplinary Tribunal. “Your suspension will last for a period of three months from the date of receipt of the letter.  At the expiration of the three months period, you shall present yourself before the Law Society Council and demonstrate that you have complied with the terms of your suspension and that you are rehabilitated,” reads part of the letter.In the correspondence, the council of the Law Society stated that it reserved the right to decide if Dlamini would be fit to be allowed back to work upon the expiration of the three months.  The lawyer was further advised that his failure to adhere to the conditions of his suspension or failure to rehabilitate from his conduct would leave the law society with no option but to apply that he should be struck off the roll of attorneys at the High Court of Eswatini.

counselling

“For your rehabilitation, you will be required to attend counselling by a senior lawyer of your choice. The counselling session should help you regarding; how to conduct yourself in the practice of law, honesty and with integrity and how to handle trust monies,” said the LSS council. Dlamini was informed that his suspension commenced on June 23, 2023 and would end at the discretion of the law society on September 23, 2023 upon the fulfilment of the conditions set out in the letter of his suspension. The suspension came at a time when the lawyer had filed a review against the judgment of the tribunal at the High Court. Dlamini is said to have failed to remit the money after selling a farm on behalf of Tsabedze. Reached for comment, the lawyer said he had not received the copy of the letter of his suspension but was yet to go and check in his office as he was away for the better part of yesterday. He also highlighted that there was a pending review at the High Court pertaining to the matter.According to Tsabedze, the respondent (lawyer) allegedly failed to account to her in the sum of E370 000. The respondent on the other hand contended that the amount outstanding was the sum of E112 234.28. There was an explanation proffered by the respondent for the discrepancy. He contended that he was entitled to the estate agent 15 per cent commission (which he had already deducted) and in addition that he was also entitled to the legal fees for services rendered.

Originally, the property was owned by Tsabedze’s husband and she inherited it upon his demise. It transpired that at some point, she entered into an agreement with one Frans du Pont which was styled a Caretaker Agreement. The Zweli Jele-led tribunal heard that Du Pont occupied the property but for some reason or another, was reportedly not paying any form of rental or compensation to Tsabedze. Dissatisfied with this arrangement, Tsabedze approached Machawe with an instruction that he should evict Du Pont from the property. In its judgment, the tribunal said, the respondent (Machawe) did not carry out this instruction but instead gave advice to the elderly illiterate lady that it would be in her best interests if she agreed to sell the property. Tsabedze is said to have reluctantly agreed to the sale of the property on condition that the respondent obtained a valuation of the farm. The respondent is said to have secured a valuation of the farm at E2.4million.

Secured

“We requested from the respondent a copy of the valuation but it was not forthcoming. The respondent secured a purchaser in the name of M.A Ranches who purchased the property for a sum of E1 500 000.00 in 2016. No explanation was given as to why a property that was supposedly valued at E2.4m was sold for a paltry E1.5m. Even more disconcerting was the revelation by Tsabedze that she subsequently did have an evaluation undertaken and the property was valued at E4.2million,” said the tribunal. During the hearing, Tsabedze revealed that sometime after the sale transaction had been concluded and when she was desperate for money due to exigencies, she approached MA Ranches director and pleaded her case and  he gratuitously agreed to pay her an additional E500 000.The tribunal stated that, on the admitted facts and without seeking to determine at this stage the amount owed by the respondent, it was satisfied that a case of misconduct had been made out against him (respondent).

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