MBABANE – A prominent senior attorney is facing the prospect of being struck off the roll of legal practitioners after the Law Society of Eswatini’s Disciplinary Tribunal found that he misappropriated more than E629 000 entrusted to him by a group of elderly women for a property transfer.
The disciplinary proceedings arose from a complaint lodged by Eswatini Women Properties Multi-Co-operative, a co-operative formed by elderly women seeking to advance their social and commercial interests.
In a detailed decision delivered yesterday, the tribunal concluded that the conduct of the attorney amounted to serious professional misconduct and recommended that the Law Society apply to the High Court to have his name struck off the roll of legal practitioners.
The matter has been described by the tribunal, which was chaired by senior lawyer Zweli Jele, as “a long and protracted history characterised by repeated non-attendance by the respondent.”
According to the decision, the co-operative purchased immovable property described as Portion 22 (a portion of Portion 4) of Farm 802 in Manzini from businessman John Morris for E7 million, a purchase price that was paid in full.
The co-operative then instructed the attorney’s law firm in January 2023 to handle the conveyancing process to transfer the property into the co-operative’s name.
A quotation issued by the firm on January 25, 2023, required the co-operative to pay E629 600 to cover various transfer-related costs, including transfer duty, stamp duty, conveyancing fees, registration fees, sundry expenses and a certificate of exemption fee.
The co-operative paid the full amount to the law firm on February 16, 2023. For the women involved in the co-operative, registering the property was essential for the business plans they intended to pursue. However, after approximately nine months, the transfer had still not been completed.
It was stated that with no meaningful progress reported by the attorney, members of the co-operative began making enquiries regarding the status of the transfer. The tribunal recorded that the women became increasingly concerned and despondent as they were unable to obtain satisfactory explanations.
Eventually, after their attempts to resolve the matter directly with the attorney proved unsuccessful, the co-operative lodged a formal complaint with the Law Society’s Disciplinary Tribunal on June 14, 2024. The complaint was then transmitted to the attorney for a response.
On July 26, 2024, according to the tribunal, the attorney reportedly submitted a written response in the form of an affidavit, in which he acknowledged receiving the transfer costs. In that affidavit, he reportedly attributed the delay in the transfer to the seller, Morris. The attorney alleged that Morris had failed to provide a tax clearance certificate timeously and had delayed in signing certain documentation required for the transaction.
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