UNITED Family International Church (Ufic) leader Prophet
Emmanuel Makandiwa and his wife, Ruth, who are embroiled in a $6,5 million
litigation over an alleged “false prophecy”, will now have to defend themselves
in an open court following the setting down of the matter by the registrar of
the High Court.
The litigation, which was filed sometime last year by
former Ufic congregants, Upenyu Mashangwa and his wife, Blessing, after the
latter allegedly fell prey to a prophecy which promised them a “debt
cancellation miracle”.
The matter will now be heard on November 5, 2018.
“Take notice that this matter (Upenyu Mashangwa versus
Emmanuel Makandiwa) has been set down for hearing on the opposed roll before
Honourable (Owen) Tagu J on November 5, 2018 in Court L as Number 2 at 10am,”
the notice of set-down signed by M Sithole for the registrar read.
After receiving the summons, Makandiwa and his wife,
through their lawyer Advocate Lewis Uriri, filed an exception application in
September 2017, urging the court to decline entertaining the matter on the basis
that secular courts could not deal with matters of faith, church practice and
doctrine.
But High Court judge Justice David Mangota dismissed the
Makandiwas’ application, saying Mashangwas’ claims were centred on alleged
fraudulent activities.
The impasse between the two couples came about when
Makandiwa and his wife were last year slapped with a multi-million litigation
after the Mashangwas allegedly realised the so-called debt cancellation miracle
had failed to come to fruition, but, instead, their business had started
nosediving.
However, the Makandiwas filed a court application early
this year, challenging the business couples’ litigation, saying the lawsuit
against them was a “grandstanding to harass, vex and injure their reputation
and good standing”.
In his affidavit filed through his lawyers Manase and
Manase, Makandiwa denied ever making the couple’s “debt cancellation prophecy”,
adding the business couple lost their house, if any, to a third party, which
matter had nothing to do with the church.
Apparently, some correspondences between the business
couple and the Ufic leader will show that at some point, the Makandiwas
admitted their intention to refund the business couple after setting out some
conditions, but later made a U-turn, claiming the couple’s tithes were
non-refundable.
On February 13, 2017, Ufic’s finance director, one E
Hwenga, after receiving a letter from the Mashangwas demanding their tithes
back, responded acknowledging receipt of the same, but went on to set down some
conditions under which the monies would be refunded.
“We, refer to the above captioned reference and to your
letter of February 4 (2017) addressed to the Prophet (Makandiwa). Your letter
has been referred to us for a response. We wish to categorically state from the
onset, that any tithe from congregants in our flock is a free will offering
which for all intents and purposes is non-refundable …
however, the prophet has instructed us to pay you back as
you demand to ensure that you are satisfied and feel fully recompensed. He has,
however, instructed us to pay you under the following conditions only,” Hwenga
wrote outlining the conditions among them requesting that the Mashangwas
produce receipts as proof of payment which they later did.
On March 6, 2017, Makandiwa’s lawyers again wrote to
Mashangwa’s lawyers then, Messrs Mutamangira and Associates, emphasising and
reiterating their client’s position regarding the demanded refund.
“As your client (Mashangwa) might be well aware, our client
(Ufic) has no legal obligation to refund a free will offering and is well
within its rights to do so. However, for purposes of peace, our client insists
on all the conditions set out in its letter,” Manase and Manase Legal
Practitioners said.
On March 14, 2017, Mashangwa’s lawyers hit back, insisting
that the Ufic leaders had an obligation to pay, particularly considering their
client’s basis for the claim.
“Your client (Makandiwa) specifically undertook to refund
any person who claims all that he or she has given to the church. Your client
being a person of integrity cannot surely deny what he publicly stated. We
appreciate that this undertaking might have been made without anticipation that
someone bold as our client would step up and out and claim all that she has
given to the ministry which from the look of things is no means significant,”
Mashangwa’s lawyers said, giving reference to receipts amounting to $700 000.
“For a sum of more than $700 000 to have been given by our
client to your client during a period of harsh economic times, is shocking to
anyone, more shocking will be how your client who claims to be a man of peace
and understanding will want to fight, given the genuine reasons our client has
raised.”
The lawyers further said: “… For the record, our clients
has no intention of fighting Prophet Makandiwa and Prophetess Makandiwa. There
might have been disagreements, but it is not within their nature to pick up
unnecessary fights”. Newsday
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