Bulawayo lawyer Dumisani Dube has been arraigned before the courts facing allegations of defeating the course of justice after he allegedly fraudulently obtained a default judgment for his client from the High Court.
Dube(32), who was jointly charged with his legal client, George Manyonga (36), both pleaded not guilty to the charge.
Bulawayo magistrate Shepherd Mjanja freed the pair on a ZWL$5 000 bail each.
Magistrate Mjanja, as part of the bail conditions, ordered the pair not to interfere with State witnesses, reside at the provided addresses and report at their respective nearest police stations (Manyonga at Budiriro Police Station and Dube at Bulawayo Central Police Station).
State allegations, as presented by Patson Muchingani, are that Manyonga, Dube and their accomplice Godfrey Nyamhunga who is Dube’s Clerk, hatched a plan to obtain a default judgment from Bulawayo High Court in a matter between the late Hitler Chagwanhira (the applicant) and Kufakunesu Chitoro and five other respondents.
“Manyonga used an invalid special power of attorney from Chagwanhira who passed on the 10th of December 2019 well knowing that Chagwanhira was dead and engaged accused two for legal services. Dube then instructed his clerk to proceed to Chijaka Primary School and served the first and second respondent,” Muchingami said.
“Dube and Nyamhunga then produced fake certificates of service purporting that they have duly served the two respondents. Nyamhunga then made an oath to Dube stating that he served Chitoro at number 16 Accarcia Road in Kadoma an address which does not exist and has nothing to do with the respondent. Dube commissioned the oath well knowing that he did not send Nyamhunga to the particular address.”
Muchingami added that as a result of their actions, Chitoro and Lamios Chinhuri did not attend court and a default judgment was given in a favor of the deceased person, Chagwanhira who is not capable of suing or being sued in terms of the law.