News / Local
Sangoma sues family for failing to pay $600
24 Nov 2014 at 08:59hrs | Views
IN probably one of the strangest lawsuits, a sangoma from Gwabalanda suburb in Bulawayo sued a local family for failing to pay him $600 he had charged them after performing a cleansing ritual at their house following the death of their daughter.
The sangoma, Ephraim Mlaphisane, claimed that he decided to take the legal route against Rhodwell Ncube and his wife Molline Dube from Nkulumane when they failed or neglected to financially appease his ancestors after he exorcised their family of evil spirits.
In his suit which he filed at the Bulawayo Civil Court, Mlaphisane made stunning disclosures that Ncube and his wife hired him to conduct a ritual on their late daughter's grave so that her spirit would not be used as a "zombie" by her in-laws after he turned down their request to bury her at their rural home.
Mlaphisane also claimed that Ncube requested him to protect his wife from some female congregants who were not in good books with her.
His suit reads in part: "I am a registered traditional healer and herbalist with Zimbabwe National Traditional Healers Association and on 16 August 2010 I rendered services to the defendant in which the defendant had sought treatment for the problem that was befalling his family. I then performed a cleansing ritual and charged $600 and Ncube agreed to pay in instalments but up to now he had failed or neglected to pay me."
So scary was the cleansing ritual that Mlaphisane stated that when he took Ncube and his wife to the bush they saw a huge snake coming to where they were conducting the service and when it was closer to them it suddenly turned back and mysteriously disappeared.
"Ncube came to my traditional shrine and said he was having a misunderstanding with his in-laws after he turned down their request to bury his daughter at their rural home. Ncube said he buried his daughter at his rural home in Nkayi against his in-laws' wishes.
"Ncube told me that he was living in fear after his in-laws threatened him with an unspecified action. He then requested that I protect him so that nobody hurts him and that his deceased daughter would not haunt him. He also requested me to conduct a ritual on his daughter's grave so that she would not be used as a ghost and protect his wife from some female congregants of the GutaRaMwari Church in Nkulumane who were not in good terms with her. I took Ncube and his wife to the bush for a cleansing ritual and during the ceremony a huge snake came to where we were standing and when it was closer to us it suddenly turned back and disappeared. I later went to their house in Nkulumane to exorcise it so that they won't be any danger affecting them. After the cleansing I told them that I want money not a beast they had earlier on suggested to pay me with and we drafted a payment agreement which he signed with his wife stating that they would pay me $600," claimed Mlaphisane.
Mlaphisane said he refused to accept a beast as a form of payment at the instigation of his ancestors who "told" him it was cursed.
In response although Ncube confirmed that he hired Mlaphisane to exorcise his house of evil spirits, he said Mlaphisane agreed that he was going to be paid with a beast but later changed his mind after he realised that the beast which he had given him had died before he collected it from his rural home.
Judgment
However, it was a rare victory for Mlaphisane after presiding magistrate Marylene Mtshina dismissed Ncube's defence and ordered him to pay Mlaphisane's claim of $600 and the cost of suit.
"The court is of the firm opinion that the defendant owes the plaintiff and the later had produced a prima facie proof in the regards. It is not disputable that defendant merely relied on bold assertions that were not supported by concrete evidence as such could not be accepted. The facts were not in dispute that the plaintiff rendered services to the defendant and owed him $600. In the result, judgment is granted in favour of the plaintiff as against the defend¬ant for payment of $600 and the cost of suit," granted the magistrate.
The sangoma, Ephraim Mlaphisane, claimed that he decided to take the legal route against Rhodwell Ncube and his wife Molline Dube from Nkulumane when they failed or neglected to financially appease his ancestors after he exorcised their family of evil spirits.
In his suit which he filed at the Bulawayo Civil Court, Mlaphisane made stunning disclosures that Ncube and his wife hired him to conduct a ritual on their late daughter's grave so that her spirit would not be used as a "zombie" by her in-laws after he turned down their request to bury her at their rural home.
Mlaphisane also claimed that Ncube requested him to protect his wife from some female congregants who were not in good books with her.
His suit reads in part: "I am a registered traditional healer and herbalist with Zimbabwe National Traditional Healers Association and on 16 August 2010 I rendered services to the defendant in which the defendant had sought treatment for the problem that was befalling his family. I then performed a cleansing ritual and charged $600 and Ncube agreed to pay in instalments but up to now he had failed or neglected to pay me."
So scary was the cleansing ritual that Mlaphisane stated that when he took Ncube and his wife to the bush they saw a huge snake coming to where they were conducting the service and when it was closer to them it suddenly turned back and mysteriously disappeared.
"Ncube came to my traditional shrine and said he was having a misunderstanding with his in-laws after he turned down their request to bury his daughter at their rural home. Ncube said he buried his daughter at his rural home in Nkayi against his in-laws' wishes.
"Ncube told me that he was living in fear after his in-laws threatened him with an unspecified action. He then requested that I protect him so that nobody hurts him and that his deceased daughter would not haunt him. He also requested me to conduct a ritual on his daughter's grave so that she would not be used as a ghost and protect his wife from some female congregants of the GutaRaMwari Church in Nkulumane who were not in good terms with her. I took Ncube and his wife to the bush for a cleansing ritual and during the ceremony a huge snake came to where we were standing and when it was closer to us it suddenly turned back and disappeared. I later went to their house in Nkulumane to exorcise it so that they won't be any danger affecting them. After the cleansing I told them that I want money not a beast they had earlier on suggested to pay me with and we drafted a payment agreement which he signed with his wife stating that they would pay me $600," claimed Mlaphisane.
Mlaphisane said he refused to accept a beast as a form of payment at the instigation of his ancestors who "told" him it was cursed.
In response although Ncube confirmed that he hired Mlaphisane to exorcise his house of evil spirits, he said Mlaphisane agreed that he was going to be paid with a beast but later changed his mind after he realised that the beast which he had given him had died before he collected it from his rural home.
Judgment
However, it was a rare victory for Mlaphisane after presiding magistrate Marylene Mtshina dismissed Ncube's defence and ordered him to pay Mlaphisane's claim of $600 and the cost of suit.
"The court is of the firm opinion that the defendant owes the plaintiff and the later had produced a prima facie proof in the regards. It is not disputable that defendant merely relied on bold assertions that were not supported by concrete evidence as such could not be accepted. The facts were not in dispute that the plaintiff rendered services to the defendant and owed him $600. In the result, judgment is granted in favour of the plaintiff as against the defend¬ant for payment of $600 and the cost of suit," granted the magistrate.
Source - B-Metro
