Magaya files response in adultery lawsuit

Prophet Walter Magaya

Prophet Walter Magaya

Harare Bureau
PROPHETIC Healing Deliverance Ministries leader Prophet Walter Magaya yesterday filed his response to the $500,000 adultery lawsuit he is facing at the High Court, saying there is no evidence to show he was involved with Denford Mutashu’s wife, Nomsa.
Prophet Magaya asked for exception or alternatively for the lawsuit to be struck out by the High Court.
“While making a claim for adultery damages, Plaintiff does not allege, plead or place reliance upon any real or alleged sexual encounter between defendant and his wife,” he said.

“No date and place of any sexual encounter has been set out as is required by the law and generally, no particulars such as would support the commission of adultery have been set out or relied upon in the entire declaration.”

Prophet Magaya said as a result, the claim was incompetent and devoid of any recognised legal basis.
He said the lawsuit should be struck down because it did not constitute a pleading, it sought to tell a story, contained evidence which was speculative and was “irrelevant, superfluous, verbose and unnecessarily argumentative”.

Prophet Magaya asked the court to dismiss the lawsuit with costs on the higher scale which he said should be borne by Mutashu, a Food World general manager, and lawyers Mugiya and Machalaga Law Chambers.

The filing of Prophet Magaya’s response came as former Zifa chief executive Henrietta Rushwaya’s lawyer, Charles Chinyama, said yesterday that there were no charges laid by police against her after she was picked up on Wednesday over the adultery case.

“They police only wanted a statement from her and not as an accused person,” he said. “As far as I know, she is not being accused of anything.”

Rushwaya was picked up by police on allegations of masterminding an attempt to extort Prophet Magaya of hundreds of thousands of dollars.

Rushwaya — who last month assumed a top post in the ministry’s finance department — was picked up following a report made by Prophet Magaya at the Criminal Investigation Department (CID) Law and Order Section at Harare Central Police Station.
She was questioned and released later in the evening on Wednesday.

Police sources close to the developments said Rushwaya was believed to be the brains behind Food World general manager Mutashu’s adultery lawsuit against Prophet Magaya.

They said the former football administrator was going behind the scenes trying to influence Prophet Magaya to pay Mutashu, claiming that failure to do so would soil his image.

National police spokesperson Chief Superintendent Paul Nyathi said Rushwaya was picked up to assist in their investigations in connection with the adultery case.

As the drama unfolded, Mutashu reportedly went into hiding following two alleged kidnapping attempts by unknown assailants.
He made a report at the Criminal Investigation Department Law and Order section in Harare before going into hiding on Tuesday.

Mutashu accused Prophet Magaya in the adultery claim he filed last week of being head over heels in love with his wife such that at one time he sent her text love messages almost every minute, describing her as sexually attractive and highly mobile.

Mutashu is demanding $250 000 for loss of affection and another $250 000 for loss of consortium.
According to the claim, Mutashu is married to Nomsa in terms of Marriage Act Chapter 5:11 and the marriage still subsists.

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  • ThembaniNyoni

    Magaya you once labelled the media satanic blaming it to be behind your adultery case. Is it not the same media that is today affording you the opportunity to have your side of the story publicly heard notwithstanding that you are already guilty in the court of public opinion, not of adultery but of cultism and of ganging up with the likes of scandalous Rushwaya in extorting money from the poor.

    • Jotham

      Uyitshaye ekhanda lindaba

    • Mehlo

      I don’t trust the prophet , thats all .

      • Tindo

        Things of the spirit can never be understood in the flesh. If you are a christian then ask God and he will reveal himself.

  • For God’s Love

    @Dekepekepe dont you see apa pasangana an adulterous wife, and a money hungry husband who know her wife has experience in adultery from having been in an adulterous affair with a kombi driver. he then decides to try make money from a man of God. Maybe he thought threatening the Prophet in private will make him release some cash assuming he would do anything to protect his name, then after realising the man of God prefers the truth to come out he decides to try ti use courts and media to mislead the nation. what a pack of Nonsense this is

  • donney

    i can see that Mutashu is only only want to attack Prophet Magaya,becoz he is creating a new story everyday,

  • Period

    hai hai mufowetu, nxceli you tell what you know period. hahaha. I cant speak indebele but i could pick you said the prophet sleapt with someone’s wife, Bhawa, how do you know that. Its not true. The wife admitted that the husbancd is forcing so that they make money

  • tadana

    youuuu.. do you have proof dont be like Mutashu

  • Nqobile

    From Nomsa”s statement it shows that the husband was aware of her wife’s whereabouts, Why then are you lying Mutashu?, what is your motive? Yoo asazi!

  • Observer

    In this case, I am afraid there is smoke but no fire.

    I refer you to the H-Metro of 22 August 2014

    NOMUSA’S FULL STATEMENT (an extract of part of the statement)

    “I, Memory Nomsa Ruvazhe do hereby make oath and swear that, I am a female adult aged 27 year residing in Mainway Meadows Waterfalls, Harare and I am a hair stylist.

    On 3rd June 2014, I started going to PHD Ministries following my brother Stephen Ruvazhe and recommendations from other clients.

    My brother had also used anointing oil from Prophet Magaya and it had worked well for my child.

    As I was having marital problems I told my husband that I wanted to go to the guest house for assistance with Prophet Magaya together with my husband but he refused saying it was difficult for him to be away from work for three days. Prior to the 3rd of June 2014 I paid $200.00 for accommodation and food at the house.

    By time I went to PHD in June 2014 I had already ordered my car from Japan well before that is in April 2014 which was then delivered in June 2014.

    I am not in a relationship with Prophet Magaya and he has not proposed me.

    I only went to his church to be assisted with my personal problems.

    I went there voluntarily and went to the guest house on my own volution. My husband was aware of that.

    I am currently staying with my husband and I have never wanted to extort any money from Prophet Magaya. I am surprised to see stories
    about me in the newspapers and when I confront my husband about it he professes ignorance about them. He even denied that he instructed lawyers to demand money from Prophet Magaya. In fact he professed ignorance about the whole issues even the proceedings at court. I made

    the above statement freely and voluntarily without undue influence duress.”

    Firstly I would like to comment on the car allegedly to have been bought by the Prophet. From Nomsa’s statement it is very clear that the prophet was not involved in anyway in the purchase of the car as the papers have been saying.

    “I am not in a relationship with Prophet Magaya and he has not proposed me” The adultery charge does not make sense in that case.

    “I only went to his church to be assisted with my personal problems.

    I went there voluntarily and went to the guest house on my own volution. My husband was aware of that.”

    How come the papers claim that Mutashu was not aware of her wife’s whereabout? Food for thought.

    “I am currently staying with my husband and I have never wanted to extort any money from Prophet Magaya. I am surprised to see stories
    about me in the newspapers and when I confront my husband about it he professes ignorance about them. He even denied that he instructed lawyers to demand money from Prophet Magaya. In fact he professed ignorance about the whole issues even the proceedings at court.”

    Very interesting – If Mutashu professes ignorance about all this then it would be interesting to know who is behind this campaign to tarnish the image of Magaya.

    Those who are taking sides and are in support of what the papers are saying concerning Mutashu may end up appearing to be like fools after all. Lets wait and watch.

  • Sindisiso

    Wambona yini kumbe ulalela amanga, angakhulumi ongakwaziyo wena!

  • mavy

    Mutashu please grow up .. what exactly are you looking for from the man of God?money? and you think you are going to get it ?

  • tadana

    As in Hmetro it shows that MUTASHU knew the whereabouts of her wife, she even mentioned that i even called my husband when i was at the lodges so now dont understand why Mutashu was tarnishing the image of Prophet Magaya. greedy greedy Mutashu but you will never fight the Man of God and win but as we can see you have lost the battle already…SHAME ON YOU

  • YADAH GUNNER

    Hey, coming up with stories,will not make the prophet guilty.Mutashu needs to be mentally examined.

  • walembe

    i liked how Nomsa responded in h-metro. she was courageous to come back and tell the truth. how come mutashu cant bring out what he defines as proof as to how his wife commited adultery like the messages and audios that he claims he has. it just raises eyebrows.

  • ThembaniNyoni

    Feckless Truthteller you are the moving definition of embarrassment because any average person with balanced grey matter between his/her ears knows that it is an empirical reality and an immutable fact that Magaya is a pompous parasite feeding on the prosperity of the poor. You and the pharisaic Magaya can not claim to be veritable Christians/Preachers/Prophets than me, actually unlike Magaya I do not survive by robbing the poor. Why preach of camels and eyes of needles to the poor while you are accumulating pornographic wealth. Stop this despicable humbuggery.