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Choosing the right lawyer in Zimbabwe

Finding the right lawyer in Zimbabwe can be difficult to both the local client and the international client. Father and son, Davison Kanokanga and Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022) at 262 noted that:

“Legal practitioners are professionals trained and experienced in advocacy and law. They are conversant with the rules of the courts and the rules of evidence and are often masters at cross-examination. Whereas each person is presumed to know the law, not every person has the ability to advocate on behalf of others. They are professionals trained for the task and have the knowledge, skill and temperament to conduct legal proceedings.”

The Law Society of Zimbabwe maintains a list of all registered lawyers in Zimbabwe. Section 69(4) of the Constitution of Zimbabwe Amendment (No. 20) Act, 2013 recognises the right to choose a lawyer in Zimbabwe as follows:

“Every person has a right, at their own expense, to choose and be represented by a legal practitioner before any court, tribunal or forum.”

The right to choose a lawyer in Zimbabwe to represent a client before any court, tribunal or forum was recognised and enforced by the courts long before Independence on 18 April 1980. see R v Second 1969 (4) SA 255 (RA) 257. It is therefore advisable for a client to make an informed decision when considering choosing a lawyer in Zimbabwe whether to represent him or her before any court, tribunal or forum. see P Kanokanga & OE Monyei, ‘Restricted rights of party representation and assistance in arbitration proceedings in the Federation of the Republic of Nigeria: Lessons from Zimbabwe’ (2023) 18 (1) Journal of Arbitration 62 - 71.