The Sunday Mail
UNSCRUPULOUS legal aid companies are duping Zimbabweans of their hard-earned cash by failing to provide services paid for, while some lawyers who run such companies are referring clients to their law firms, it has been established.
The scenario has been likened to a situation where a medical practitioner runs a medical aid society and refers patients to his or her surgery.
Law Society of Zimbabwe president Mr Lloyd Mhishi told The Sunday Mail that they were investigating the matter because the practices “interfered with an individual’s right to be represented by a lawyer of their own choice which is enshrined in terms of Section 69 of the Constitution.
“We will therefore charge any member who is guilty of this with misconduct,” he said.
Several people who feel shortchanged by the legal aid companies have approached the LSZ to seek redress.
Mr Mhishi said: “As the Law Society of Zimbabwe we have received reports of the existence of legal aid societies. More worryingly, we have received complaints from members of the public who would have been duped by some of these legal aid societies.
“We have also received reports that some of our members may be involved in these mushrooming legal aid companies.”
Investigations show that some of these legal aid companies are targeting teachers and other civil servants for membership and misrepresent to the public that they are accredited by the LSZ.
There are also indications that some of these firms are not registered with the Commissioner of Insurance.
Mr Mhishi distanced the LSZ from the unscrupulous operators, saying not one legal aid firm was registered with them because there was no need to at law.
“We have also written to the Commissioner of Insurance inquiring on whether those involved have registered as required by the law,” he said.
Section 31 of the Constitution obliges the State to ensure legal representation to those who need it. Government has a Legal Aid Office that has been assisting ordinary people.
There are also a number of voluntary organisations which offer assistance in certain defined areas such as the Zimbabwe Lawyers for Human Rights, Justice for Children Trust, Zimbabwe Women Lawyers Association, Women and Law in Southern Africa and Zimbabwe Environmental Lawyers Association.
Mr Mhishi added: “Members of the public must be advised to verify the authenticity of such companies with the Commissioner of Insurance and members of our secretariat are willing to give as much advice on this.
“In particular they are able to confirm the authenticity of any registered legal practitioner who is authorised to practise.
“The LSZ has declared zero tolerance to corruption and malpractice and has called upon members of the public to check with its secretariat if there is a doubt on a legal practitioner.
“As reports will show, the LSZ is in overdrive to rid the profession of miscreants within its midst in an effort to protect the profession’s independence and integrity, on which its very existence depends.”
