Some members of the Zimbabwe Red Cross Society (ZRCS) have reported prominent lawyer Wellington Magaya to the Law Society of Zimbabwe for alleged conflict of interest emanating from the many jackets he wears in the organisation.
They allege Magaya’s deep involvement in the operations of the humanitarian organisation compromises his judgement, decisions or actions.
“We members of the ZRCS write to you raising our concern over the conduct of Mr Wellington Magaya, a lawyer from Harare law firm Coghlan, Welsh and Guest who are engaged by ZRCS to provide legal advice,” wrote the members.
“We are of the view that Mr Magaya has gone beyond the scope of the mandate agreed in the memorandum of understanding.
“He has become defacto president, CEO, legal practitioner and legal advisor of the ZRCS all by himself.
“Mr Magaya is the legal advisor of the ZRCS while he is also a board member of the ZRCS.”
Magaya is also a member of the ZRCS’s Grievances and Disciplinary Committee and he is also a member of the ZRCS Elections Committee.
The ZRCS members said Magaya represents the humanitarian organisation in court as a partner of Coghlan, Welsh and Guest while at the same time he is a member of the ZRCS, having paid his joining fee in Masvingo in 2022.
- Abductions are a crime against humanity: ZLHR
- Public urged to train in first aid
- Biti reported to Law Society
- Govt shuts door on foreign lawyers
Keep Reading
“The many jackets he wears in the ZRCS have seriously compromised the way the organisation is run, as he has become the Alpha and the Omega in every decision” the ZRCS members wrote.
“To further buttress how Mr Magaya is heavily conflicted, he recently spearheaded the establishment of the elections committee, which was unconstitutional and he recommended the appointment of certain individuals that he personally knew such as Barbra Chimbodza, the former magistrate who then became the chairperson of the elections committee and Ms Tinotenda Magaya, the ZRCS internal auditor whom we believe is Mr Wellington Magaya’s sister.”
What is more intriguing, the members said, was the fact that the contract between Coghlan, Welsh and Guest and the ZRCS tenure expired long ago, yet Magaya continued to present himself, as he does now, as the legal representative of the humanitarian organisation.
“The ZRCS memorandum of understanding with Coghlan, Welsh and Guest ended in 2021 after having run its course of two terms,” wrote the members.
“There was an attempt to hoodwink the general assembly in Kariba to endorse a purported second term for the law firm, while he was fully aware that this was going to be a third term and not second term.
“There is clear criminal intent on the part of the, management of the ZRCS and the law firm represented by Mr Magaya to mislead the assembly into granting such a mandate.
“It is our considered view that your esteemed board plays a crucial role in promoting and protecting the rule of law, justice and human rights in Zimbabwe and seeks to ensure the Legal Practitioners (Code of Conduct).”
ZRCS members also accuse Magaya of playing a huge role in the sham elections to choose the ZRCS board last year.
“It is on record that during the national governing council meeting on April 20, 2024 in Bulawayo Mr Magaya was recorded in the minutes proposing for that fraudulent Elections Committee, which was to conduct the ZRCS elections in violation of the ZRCS’ constitution article 29.9, which provides for such an establishment to be done a year before as enshrined in the constitution article 29.9 (b),” they said.
“Further to this, it is surprising that Mr Magaya, representing the law firm, decides to be appointed as a member of the Elections Committee against the provisions of article 29.9 fully aware that he is an interested party.”
The ZRCS members said Magaya is also a member of the ZRCS national governing council, which sat on January 18, 2025 where he recommended a notice of investigation, which would lead to a disciplinary hearing of the seven members who took the ZRCS to court over the conduct of elections although the case is still pending in the courts.
“He is conflicted in many ways and we hope your esteemed office will be of great assistance to call him to order,”the members wrote.
The members are also calling for an independent commission of inquiry to investigate the ZRCS.
Some of the members confirmed to having received letters from their respective managers summoning them to attend disciplinary hearings for allegedly violating the volunteer’s code of conduct.
The global Red Cross movement relies heavily on the dedication and commitment of national society volunteers and locally the ZRCS acknowledges that 90% of its humanitarian work is carried out by volunteers.
There are about 20 000 ZRCS volunteers across the country.
ZRCS national president David Chaliyanika could not be reached for comment yesterday.
