HIGH Court judge Justice David Mangota, on Monday reserved
judgment in the lawsuit in which United Family International Church (UFIC)
leader Emmanuel Makandiwa and his wife, Ruth are being sued for $6,5 million by
their former congregants, businessman Upenyu Mashangwa and his wife, Blessing,
over alleged false prophecies.
Through their lawyer Advocate Lewis Uriri, the Makandiwas,
filed an exception application to the lawsuit sometime in September this year
and urged the court to decline entertaining the matter arguing the circular
courts could not deal with issues involving matters of faith, church practice
and doctrine.
But, the businessman’s lawyer Advocate Thabani Mpofu
opposed the exception application and urged the prophets “not to hide behind
curtains of legalism and subterfuge” but to defend the claim in court.
In their lawsuit Mashangwa and his wife claimed that
sometime in 2012 Makandiwa misrepresented in his prophecy that the couple would
encounter a “debt cancellation miracle” before encouraging them to continue
giving to the church.
But, as time went by the couple said, their Marlborough
house in Harare was attached and sold for $500 000 instead of $700 000 among
other losses which they encountered later.
However, in response to the litigations, Makandiwa and his
wife said the Mashangwas’ claims were vague and embarrassing and could not be
dealt with by circular courts since they involved issues of faith.
“The plaintiffs (Mashangwas) summons and declaration are
further excipiable on the ground that they are vague and embarrassing and the
vagueness and embarrassment go to the root cause of the action,” Makandiwa’s
lawyer said.
“The plaintiff did not plead undue influence or duress to
influence the paying of varying sums being contributions to any of the
defendants (Makandiwas). In other words the plaintiffs are seeking to invite a
circular court to inquire into matters of faith and the observance thereof
being matters in respect of which a circular court is not equipped to inquire
into.”
In its response the business couple said “instead of
meeting the claims head on and establishing the truth of their representations,
the prophets had decided to hide behind curtains of legalism and subterfuge”.
“The power of God is undoubted and every believer would
believe that God can do anything. The case brought however, is that God had not
spoken to the Makandiwas about debt cancellation, they abused the name of God
and took advantage of their congregants who believe in the power of God and who
were of the view that the ‘prophets’ had communion with Him. The plaintiffs allege
that the false and fraudulent representation having been made, they took
certain decisions to their prejudice,” Mpofu said.
“A self-respecting, self-proclaimed prophet must react to
these allegations and meet them head on.
“These, strike at everything that defendants stand for.
That a claim lies when a fraudulent misrepresentation is made is beyond doubt.”
Newsday
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