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Between 01 January and 01 February 2019, Welshman Ncube who was my attorney at the time, received a sum of $2.9 million (R55.9 million) from Choppies to his trust account…upon request he only paid me $280 000 (R5.4 million). – Siqokoqela Mphoko

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Sizwe sama Yende

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The Law Society of Zimbabwe has failed to investigate a complaint against prominent Zimbabwean lawyer-cum-politician, Professor Welshman Ncube, concerning a client’s US$1.4 million (R27million) he withheld.

Siqokoqela Mphoko - a businessman in Bulawayo and son of the country’s former vice-president, Phelekezela Mphoko – lodged a complaint with the Law Society on January 17 2023, but to date, no action has been taken.

Ncube was Mphoko’s attorney when he and his father had a fall-out with Botswana-based directors of multinational grocery chain supermarkets, Choppies Enterprises.

The Mphokos were Choppies shareholders in Zimbabwe, where 32 outlets were opened in 2013. However, a dispute erupted when then Choppies chairman and former Botswana president, Festus Mogae, denied that the Mphokos were 51% shareholders on the Zimbabwean segment of the company according to the country’s indigenisation law. Mogae said the Mphokos were 7% shareholders.

Choppies paid the Mphokos US$2.9 million (R55.9 million) as settlement, which was paid to Ncube’s trust account. Ncube allegedly withheld $1.4 million (R23.7 million) of the total amount.

The Law Society of Zimbabwe did not respond to written questions.

In his complaint, Mphoko said that Ncube confirmed to him that he received the full amount from Choppies. “Between 01 January and 01 February 2019, Welshman Ncube who was my attorney at the time, received a sum of $2.9 million (R55.9 million) from Choppies to his trust account…upon request he only paid me $280 000 (R5.4 million),” Mphoko wrote.

“Despite demand, Welshman Ncube, had failed, neglected and or refused to pay me,” he added.

The Mphokos have since sued Ncube for R49.3 million, but Mphoko senior did not attend the last court sitting because he is reportedly no longer pursuing the matter.

The Mphokos decided to settle for $2.9 million with Choppies in 2019, while fighting for their full 51% shares. Ncube allegedly withheld $1.4 million (R23.7 million) of the total amount that Choppies paid in his trust account.

The court will determine what currency the $2.9 million was paid to the Mphokos. It will also determine if the Mphokos authorised Ncube to pay a portion of their settlement ($1.9 million) to a third party, Future Muvirimi.

Ncube has lately been embroiled in a nasty dispute regarding the leadership of the opposition Citizens Coalition for Change (CCC).

He had a fall-out with Nelson Chamisa who has since left the party.

A Zimbabwean publication, ZimEye, has reported a series of stories about how Ncube duped 550 women from Matebeleland to pay an average of US$45 000 (R859 546) each to buy title deeds for land that did not exist.

The scam has earned Ncube a US$25 million (R467.4 million) fortune, which he has allegedly used to bolster his political faction and eventually push Chamisa out of the CCC.

“Prof Ncube is entangled in the scam three times, as both the lawyer of the Qoki founder, Sithule Tshuma, and the lawyer for the victims. In a way that further makes money disappear, Prof Ncube is boss to the chief founder, Jimmy Chasafara who runs by the alias, Ndaba Nhuku,” the publication said.

Several court cases are currently underway as the victims are claiming their money back.

“A decade later, these 550 women have lost an average of US$45,000 each, all totalling a US$25 million lumpsum, to fraudulent activities involving fake title deeds and false promises. Although some refunds have been issued over the last two years, the majority of the funds remain unaccounted for, leaving the women substantially impoverished,” ZimEye reported.

“The situation for these women worsened when they were deceived multiple times by Professor Ncube, whose law firm offered assistance while simultaneously representing the scam’s key figures, Ndaba Nhuku and Sithule Tshuma. This situation underscores the complex layers of involvement, highlighting Professor Welshman Ncube’s inextricable connection to the scam.”