Lawyers in dirty fight over money

Lawyers involved in Matabeleland pressure group Ibhetshu LikaZulu and one of its leaders Mbuso Fuzwayo’s Constitutional Court bid to block President Emmerson Mnangagwa’s term extension are at each other’s throats over legal fees involving US$450 000, well-informed legal sources say. The highly-placed sources say Nqobani Sithole of Sithole Law Chambers and Method Ndlovu of Apex Legal Group of Advocates’ fight intensified after the latter hastily withdrew his legal services yesterday, citing a breakdown in trust, reputational risk and lack of payment.

Sithole was the instructing lawyer and Ndlovu the advocate in the case. The bill for the whole project was US$450 000 which Ibhetshu and Fuzwayo settled. The money was initially supposed to be equally divided among three senior lawyers, including Sithole as the instructing lawyer, Ndlovu as the advocate and another advocate from the Advocates’ Chambers in Harare who later withdrew. A top legal source told The NewsHawks: “When the case started Sithole, as instructing lawyer, looked for an advocate and initially choose a Harare lawyer from Advocates’ Chambers.

It’s not necessary to drag his name into this since he withdrew. However, their negotiations broke down as the advocate’s fees were astronomically high. He wanted US$450 000. Yet US$450 000 was the whole budget. So Sithole then approached Ndlovu with a US$150 00 offer. But when the money was out and ready for collection, Ndlovu took US$225 000; US$75 000 more. Sithole took the balance since the preferred advocate had withdrawn. Now the problem is Ndlovu wants more money, claiming US$450 000, the whole budget. This is the source of the current fight, the other issues arise from this. Trust broke down because of money, including the recently leaked audio concerning (former minister) Jonathan Moyo.

The reputational risk Ndlovu is taking about regards his view that he took a case which he knew would perhaps damage his reputation, but was willing to brave it at the right price. Resultantly, Ndlovu got US$225 000, but wants more. This has fuelled the already simmering tensions and explosive legal wrangle.” The dispute between Sithole and Ndlovu may open a Pandora’s Box of legal and political issues with far-reaching implications for Zimbabwe. The legal battle between the two is deeply intertwined with the debate on the controversial constitutional amendments that extend Mnangagwa’s term and change the political, electoral and governance systems.

Sithole is said to be protesting against Ndlovu’s letter after he withdrew throwing tantrums. Sources say Sithole thinks the letter was written to pre-empt his move to terminate Ndlovu’s services after a confidential conversation between them yesterday. The sources say the two had agreed on a process, which would have entailed Sithole officially writing to Ndlovu this morning, then waiting for his reply before a professional and mutually agreed disengagement.

Instead, Ndlovu pre-empted the process to extricate himself by writing the letter and leaking it to the media before it was received and acknowledged by Sithole, the sources say. Sithole took exception to that and contents of the letter, particularly Ndlovu’s claim that he has not been paid. The ensuing fierce battle between Sithole and Ndlovu also entangles another lawyer, Zibusiso Ncube, who played a critical liaison role, including fielding a phone call to Moyo, which was later leaked to the media. The sources said all hell broke loose after Sithole moved to remove Ndlovu from the case following the recent controversy over Moyo’s audio.

Ndlovu says in his letter Moyo is the “principal architect of the litigation”. Sources say Moyo disputes this and has taken issue with Sithole and Ndlovu, and may make a public denunciation of the two. Moyo has already denounced Ncube and Ndlovu over the leaked audio, which has given the case a new political dimension.