Tapfumanei Nyawanza
Allegation / charges
Breaches, Code of Conduct 2011, Code of Conduct for Solicitors, REL's & RFL's 2019, Dishonesty, SRA Principles 2011, SRA Principles 2019
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
Tapfumanei Nyawanza, a solicitor, admitted that while at DWFM he dishonestly received £76,952 in client fees (including £60,602 across 141 transactions plus £16,350 from Company M) into his personal bank account for work undertaken on behalf of the firm, and that while at Mezzle he failed to open client files or keep adequate documentation. The Tribunal, on an agreed outcome decided on the papers, found his conduct dishonest (deliberate, calculated and repeated) in breach of Principle 4, along with breaches of Paragraph 1.4, Principles 2 and 5, and Paragraph 3.2/Principle 2. With no exceptional circumstances, he was struck off the Roll and ordered to pay £25,000 costs.
Duties found breached:
- Honesty
- Integrity
- Not mislead third parties or opponents
- No conflict between current clients
- Diligence and timeliness
Aggravating factors:
- Dishonesty was deliberate, calculated and repeated
- Conduct spanned approximately two years
- 141 separate transactions from 102 unique payors
- Motivated by personal financial advantage
- Moderately senior practitioner (admitted 11 years at time of misconduct)
- Caused or risked harm to firms, clients and the reputation of the profession
- Previous disciplinary finding (fined £12,500 in 2022)
Mitigating factors:
- Early and full admissions during SRA interview and in his Answer
- Respondent claimed DWFM failed to pay commissions on time creating financial pressure (not agreed by SRA)
- Respondent claimed he mostly completed the work clients instructed (not agreed by SRA)
Codes & rules applied
Duties engaged
- Not mislead the court
- Cease acting on client perjury or disobedience
- Honesty
- Integrity
- Not mislead third parties or opponents
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- No conflict between current clients
- Diligence and timeliness