The Sunday Mail
Prominent lawyer Mr Aston Musunga is facing prosecution and de-registration for allegedly defrauding an Indian couple of US$320 000.
This comes as Mr Musunga’s law firm — Musunga and Associates Legal Practitioners — is being investigated over an extortion scandal involving Vice-President Joice Mujuru and Kenyan and Indian investors.
In the latest case, Mr Bashir Ziya Quddusi and wife Marina are accusing Mr Musunga of letting them purchase a US$320 000 house when he knew it was non-transferable.
The couple has since approached the Criminal Investigation Department (CID) (Serious Frauds Section) and the Law Society of Zimbabwe (LSZ) for recourse.
LSZ executive secretary Mr Edward Mapara said a select committee would convene if facts are established.
“We expect Musunga to respond to these allegations within 14 days, by which time we will be able to sit down and look at the merits of the case.
“If indeed there is a case to answer for Musunga, then we will forward the case to the disciplinary committee, which will, in turn, take appropriate measures.”
According to a letter of complaint to LSZ, the Quddusis bought a property from one David Kamunhu on October 5, 2012.
Musunga and Associates were conveyancers, but Mr Musunga himself allegedly dealt with the sale.
Before signing the sale agreement, Mr and Mrs Quddusi requested a copy of the title deed, which Mr Musunga is said to have duly produced. According to the letter, the couple later realised that the deed had been forged.
The letter reads, in part: “The forgery done by Mr Musunga fraudulently misrepresented to us that the property was unencumbered and therefore was capable of being transferred.
“However, this was clearly not the case.
“The property cannot be transferred unless and until the encumbrances are removed.”
Contacted for comment on Friday, Mr Musunga maintained that he was only a conveyancer.
He queried why he was being “persecuted left, right and centre”.
“I didn’t even know the Quddusis. I knew the seller who died on January 2 this year.
“What they wanted was for me to prepare an agreement of sale, but we ended up doing a deed of sale agreement because Quddusi wanted to pay in instalments.
“The Quddusis had their own lawyers whom they showed the deed and agreement of sale before giving the go-ahead.
“In fact, I’m not even the one who showed Quddusi the title deed; it was Kamunhu. They exchanged some of the money between themselves.”
He added: “Quddusi still owes me my transfer fees.
“They were supposed to go to Zimra for the capital gains certificate and to the city council, but they didn’t. Mr Quddusi really wanted that property seriously because he took risks. He authorised that we transfer the money upon occupation of the house (which he has been occupying since 2012) instead of upon transfer of deed.
“I don’t know why he is panicking because the executor of Kamunhu’s estate, Mrs Kamunhu, and her son have undertaken to do the transfer of the house after servicing all debts.
“I never held a gun to Quddusi’s head to buy that property.
“Quddusi had the opportunity to verify all these things. He is a mature, old Indian person; I never forced him to buy that property.”
Mr Musunga’s practice has been mired in controversy over the last two weeks.
The LSZ is already investigating his law firm for allegedly dumping a Kenyan company they were representing in an investment and extortion dispute with Vice-President Mujuru.
Musunga and Associates, despite having received US$5 000 legal fees from the Kenyan company, switched sides and became VP Mujuru’s legal representatives.
This has raised questions of unethical conduct.
