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  Zimbabwe: Ncube Set for Court Battle

By Bulawayo Bureau
allAFrica
July 18, 2007

http://allafrica.com/stories/200707180292.html

Zimbabwe — The head of the Roman Catholic Church in Bulawayo, Archbishop Pius Ncube, who is embroiled in sensational allegations of adultery, has indicated his intention to defend the $20 billion lawsuit filed against him by a city man.

The lawsuit was filed at the High Court on Monday.

In the suit, case number HC 1585/07, the clergyman is accused of having an adulterous relationship with Mrs Rosemary Sibanda, the wife of Mr Onesimus Sibanda, for the past two years.

Archbishop Ncube, who was served with summons on Monday, instructed a city lawyer, Advocate Nicholas Mathonsi of Coghlan and Welsh Legal Practitioners, to defend him in what could turn out to be a dramatic court case.

According to court records, Adv Mathonsi filed a notice of intention to defend Archbishop Ncube on Monday at about 3.55pm.

"Take note that at 3.55pm on the 16th day of July 2007, the Defendant entered an appearance to defend this action. The summons was served on Defendant on 16/07/07," reads the notice, signed by Adv Mathonsi.

Speaking in an interview yesterday, Adv Mathonsi confirmed that he was representing Archbishop Ncube and indicated that he was working on the heads of argument and plea to be filed at the High Court in Bulawayo soon.

"I am representing him. We have already filed a notice of appearance to defend as per the requirements of the law and procedure," he said.

"We are working on tying up loose ends and polishing up our defence and very soon we will file our heads of argument," he said.

Mr Sibanda's lawyer, Mr Munyaradzi Nzarayapenga, told journalists at a Press briefing on Monday that his client suspected that the archbishop was having an illicit affair with his wife.

Mr Sibanda hired a private investigator, who managed to get photographs of the two alleged adulterers.

After gathering enough evidence -- comprising nude pictures of the clergyman with his wife and a videotape showing the man of God being intimate with Mrs Sibanda -- Mr Sibanda engaged the services of Mr Nzarayapenga of Dube-Banda, Nzarayapenga and Partners, leading to the $20 billion lawsuit.

Mr Sibanda alleges that on diverse occasions from the period beginning January 2006 and in places, particularly in the environs of Bulawayo and St Mary's Cathedral, the clergyman illicitly associated himself with Mrs Sibanda in an adulterous sexual relationship well knowing of her marital status.

Mrs Sibanda tied the knot with Mr Sibanda, a radio communications technician attached to the National Railways of Zimbabwe, in a monogamous union under the Marriages Act, Chapter 5:11, which was registered on June 8 1988 at the Bulawayo Magistrates' Courts and is still valid.

" As a direct result of the Defendant's illicit association and adulterous association with the Plaintiff's wife, the Plaintiff has lost the love, comfort and society that he previously enjoyed with his wife.

"Plaintiff has been seriously humiliated, his dignity has been impaired, his religious inclinations and faith shaken and he has suffered loss of consortium as he has had serious problems with his wife since January 2006," reads part of the summons issued by Mr Sibanda.

Archbishop Ncube had this to say when quizzed over the matter by SABC on Monday:

"It's not true. You see what happened is that people hear rumours and create stories. When you are a priest you are accused of sleeping with women you never kissed. Some people are rumour mongers.

"There is no truth in this item I will prove my innocence. There is no truth at all."

When reminded that he had taken a vow of celibacy, he said: "I will not answer this question concerning my private life. Yes, I did take a vow. There are a whole lot of other circumstances that take place in a person's life. I would not be able to answer those items. We all have weaknesses. That's why when we pray; we always ask God for forgiveness," he said.

 
 

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