Prophet Magaya 'demands sexual evidence' evidence'

Leader of PHD Ministries, Prophet Walter Magaya, accused of committing adultery by a Harare man has hit back, accusing complainant Denford Mutashu of cooking up stories as he has not produced evidence that there was any sexual encounter between him and Nomsa Ruvazhe, the woman at the centre of alleged adulterous wrangle.

In response to summons filed at the High Court by Mutashu's lawyers Mugiya and Macharaga Law Chambers, Magaya through his legal representatives, Rubaya and Chatambudza, submitted that no evidence was produced to support that he was involved in adultery with Ruvazhe.

"Please take note that…, plaintiff (Mutashu) does not allege, plead or place reliance upon any real or alleged sexual encounter between defendant and his wife," read the response filed at the High Court yesterday.

"No date and place of any sexual encounter has been set out as is required by law and generally no particulars such as would support the commission of adultery have been set out or relied upon in the entire declaration. The claim is consequently set in vacuo, incompetent and devoid of any recognised legal basis," added the submissions.

Magaya added that Mutashu's declaration must be dismissed as it contains evidence that is speculative and irrelevant.

"The defendant applies to strike out plaintiff's declaration on the grounds that it does not constitute a pleading, it seeks to tell a story, it contains evidence which is at any rate speculative and it is irrelevant, superfluous, verbose and unnecessarily argumentative," read the submissions.

Magaya, through his lawyers, is seeking that the declaration be dismissed with costs.

Mutashu, who is suing Magaya for the alleged adultery, is demanding $500 000 from the clergyman.

Mutashu is alleging that he has evidence of text messages communicated by Magaya to his wife.

He also claims to have evidence of a video where Magaya admits he had an affair with Ruvazhe.

Mutashu, who this week filed bigamy charges against Magaya as he is legally married to Ruvazhe under chapter 5:11, also made allegations that the man of cloth bought his wife a Mark II latest version worth $10 000.

The case, however, took a new twist on Wednesday after former Zifa chief executive officer, Henrietta Rushwaya, who is an official in PHD Ministries finance department, was picked up for questioning on allegations of masterminding an attempt to extort thousands of dollars from Magaya.

According to media reports, Rushwaya is alleged to have been the brains behind Mutashu's $500 000 lawsuit against the prophet.

It is alleged that Rushwaya is the one trying to influence Magaya to pay the $500 000 to Mutashu,  to avoid soiling his image and that of his church.