THE Law Association of Zambia (LAZ) has found Patriotic Front (PF) secretary general Wynter Kabimba “guilty” of impropriety in a case in which a Bank of Zambia (BoZ) employee, Phales Chiwila had complained that he misconducted himself when he represented her over a dispute with her employers.
The legal practitioners committee that sat on Friday, May 20, 2011 also quashed Mr Kabimba’s K12-million bill that he had submitted to Ms Chiwila in the midst of the dispute.
The bill would have nullified Ms Chiwila’s claim of K10 million that she had paid as legal fees but she demanded that Mr Kabimba should discontinue his representation and asked for the refund, which the lawyer failed to honour.
Ms Chiwila raised a complaint against the conduct of Mr Kabimba and claimed that the PF secretary general offered to refund her but he had not done so and she had since failed to engage another lawyer to represent her.
Details before the committee, mainly composed of State counsels that included veteran lawyer Patrick Mvunga, were that Mr Kabimba had failed to refund Ms Chiwila K10 million legal fees after he withdrew his representation but instead produced another bill of K12 million.
Mr Kabimba had been representing Ms Chiwila since 2009 in a case in which she had sued her employers, BoZ contesting that the central bank did not fund her medical bills in full when she travelled to South Africa’s Milpark Clinic for medical treatment.
The bank refused to pay her 80 per cent of the R130,000 in medical bills on account of lack of funds in line with her conditions of service but she sued after getting evidence that there was K500 million in the account for workers’ medical requirements.
Mr Kabimba had initially been summoned through administrative assistant Sipelile Mwila on March 18, 2011 but the case could not be heard because the PF secretary general was out on other businesses.
LAZ was established under section 13 (3) Chapter 31 to hear cases of alleged misconduct by lawyers against their clients and has powers to suspend or ban lawyers from practicing if found wanting.
Ms Mwila advised that Mr Kabimba and Ms Chiwila could bring witnesses and documents to support their arguments.
When hearing took place at LAZ offices in Rhodes Park, Mr Kabimba was alone and Ms Chiwila was also alone.
The committee asked Ms Chiwila to explain her case before Mr Kabimba could defend himself.
After about 45 minutes of the hearing, the committee ordered Mr Kabimba to pay K5 million and also dismissed his claim that he was owed K12 million in legal fees and yet representation was discontinued.
Ms Chiwila, in her four-page letter of complaint to LAZ stated that she issued instructions to Mr Kabimba to subpoena deputy BoZ governor for administration Tukiya Mabula to ask her on the contradictions between the bank’s sworn affidavits and their own testimonies but that was not done.
She also said the bank was in possession of a full document by its disciplinary committee and her lawyer should have made sure that he asked for it after the bank’s lawyer ruled the earlier one as not authentic.
In her letter dated December 8, 2010 to Mr Kabimba, Ms Chiwila stated that the secretary and chairperson of the disciplinary committee should be summoned to deal with the document.
The other complaint was that among the documents submitted to the Industrial Relations Court where the matter was being heard, there was crucial correspondence that compounded the whole matter in her favour.
Her view was that Mr Kabimba should have declared interest in the matter because he did not appear keen on dealing with her matter and that at some point, he was absent from court and told her that he was ill but she found him working in his office the same day.
Ms Chiwila also complained that when BoZ changed lawyers and engaged MNB Practitioners, Mr Kabimba did not alert her and she only learnt about it in court.
She said it was because of these differences that she sought to clarify how serious he was and he responded by telling her to seek the services of another lawyer and promised to refund her, which was not done.
Mr Kabimba confirmed having attended the sitting but said he was not available to give details on the matter.
“Find out from LAZ not me. When there is a case do you get details from the defendant or the plaintiff? Go to LAZ and get the details about that case,” he said.
Asked whether he had paid the money, Mr Kabimba insisted that the details could still be obtained from LAZ.
[Times of Zambia]
typical of PF chaps..they think they are above the law..weeeeeeeeeeee
DO NOT ENGAGE LAWYERS IF U ARE BROKE…PERIOD!
That lady how does she hire a lawyer of Kabimba’s calibre to fight for a K10m. That was poor thinking from the lady. Its like going for orders to Solwezi on a hired jet and you have no capital to use to buy goods and worse more return home. Poor her anywhere he did the right thing to discontinue with her and promise to pay back her peanuts meaning he did a charity work for whatever he did before. Please advise her to get help from the Legal reform centres, its free.
I thought someone was joking when they said that Kabimba does not win cases – Lol! Even this poor lady standing on her own beat the lawyer to his game!
imagine kabimba being in government. he tucks away k10 million from a woman who hires him as a lawyer and abandons the case. should this guy get into government, we are in for a rude shock
Its astonishing to realise that there are people who engage this ‘lawyer’ who has never won a court case, to represent them.Bana chiwila, sue winter for time wasted and pain and suffering.he he he kekekeke.
Kabimba is a thorn in my flesh.I tried to give him brown envolops but he refused. edward mumbi, chimumbwa and others accepted my envelops,not kabimba. i will make sure he is suspended or banned.
my next trip is to china for campaign money.
This will be the Minister of Justice if Sata wins? Even Sata does not use him as his personal lawyer since he is a City Council Lawyer who has never won a case…
Why not send Kabimba back to school if he is that bad?
No crime committed its the usual agency problems we talking about here so dont bring in Kabimba’s person in this matter.
imagine the PF shadow cabinet with him as Veep or Minister of Legal affairs ..hahahaha
The guy has’nt got a single functional cell in his head that is why it only took 45 minutes for LAZ to find him guilt against a lady with no legal background.The ball is now in LAZ’s court to dust itself of unprofessional money grabbing impurities like Kabimba who have dented the profession both inside and outside the courts.
Zambians we are about to make a mistake worse than the 1991. Are these the leaders we want to preside over our affaires, we need to be honest, we have better leaders in zambia than these who can swindle people even before they get the top Job. Last time it was Chelstone residents who sued Kabimba over a toilet, what kind of a lawyer is this without integrity.
Who is clean in PF kashi. Coz in PF its either you are a thief or Kaponya or semi (half baked degree holder) educated or completely recycled. This this the change we want? Nononononononononon. We want Real Change and HH.
Take him back to skol,he’s ignorant of the new changes in the legal fields.
do not engage broke lawyers, period!
Even if I killed a fly I would not hire Kabimba. He may have burnt candles for his degree but he is still dull. Very dull actually. That is why he has clung to a form 2 failure as his mentor.
So, he never wins cases for sure?
Kalos2121, where are you? please come tell us, is 2121 the year when he will finally become president of zambia?
THIS KABIMBA MAN IS DULL…..OVER 12m SURE….HE IS GETTING BROKE LIKE HIS UNCLE SATA.
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