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  Ncube's Lawyers Seek Claim Dismissal

By Torby Chimhashu
New Zimbabwe
July 26, 2007

http://www.newzimbabwe.com/pages/roma38.16731.html

Zimbabwe — Lawyers representing Archbishop Pius Ncube, who is fighting a $20 billion suit filed by a man who claims he slept with his wife, will seek to get the claim thrown out before trial, legal experts said.

Archbishop Ncube, who was sworn to celibacy, has not denied that he slept with his secretary Rosemary Sibanda, but wants Onesimus Sibanda to prove the woman is his wife among a series of other demands made by his lawyers.

Ncube is an ardent critic of President Mugabe whose supporters in the state media have relished the apparent demise of one of his fiercest critics after the scandal broke out.

But after a week of peddling salacious rumour about Ncube – complete with pictures and videos of alleged sex sessions between Ncube and his lover — Zimbabwe's state media was ordered to hold further publication of the pictures by the government.

In a baffling order, Information Minister Sikhanyiso Ndlovu said continued publication of the material would prejudice the civil suit brought by Sibanda. Yet the initial publication of the material happened AFTER Ncube had been served with summons.

ACCUSER: Onesimus Sibanda, the man who says Ncube slept with his wife

Ndlovu decreed: "While not condoning whatever improper acts by Archbishop Pius Ncube but in the interest of the public good, moral and Christian fabric, the government has seen it necessary to stop showing Archbishop Ncube's pictures in the electronic and print media as the matter is now in the court of law."

Hundreds of people held a prayer in support of Archbishop Ncube on Wednesday, attended by several opposition officials including Thokozani Khupe and David Coltart (MDC) and Paul Siwela (Zapu).

"The purpose of the prayer was mobilising and giving moral, spiritual, mental and physical support to Archbishop Ncube. This state-driven scandal cannot be allowed to deprive Zimbabwe as a nation of its strongest and most consistent voice," said Effie Ncube chairperson of the Pius Ncube Solidarity Coalition, no relation to the cleric.

MASIBANDA: Ncube's alleged lover

Archbishop Ncube's lawyer, Advocate Nicholas Mathonsi of Coghlan and Welsh Legal Practitioners, has written to Onesimus Sibanda's legal team with a plethora of demands.

Mathonsi wants to obtain further information about Sibanda's employers, have access to the marriage certificate, the exact date and time of the alleged adultery and a breakdown of the $20 billion claim.

Sibanda's claim said he wants $10 billion in adultery damages, claiming Archbishop Ncube engaged in an unholy union with his wife. Further, he wants $5 million for "loss of consortium" and a similar amount for "loss of contumelia".

Ncube's supporters, not keen to address the truthfulness of the archbishop's liaison with Rosemary, have claimed that he was trapped by intelligence officers, and not Ernest Tekere, the man who claims to be a private investigator.

Ncube's lawyers will seek to prove from the onset of the case that the claim has no basis because the claimed marriage between Sibanda and Rosemary was at best dysfunctional, said a legal source close to the case.

Apart from asking Sibanda to provide the specific details of the extent, dates, time and venue of the alleged adultery, Ncube's lawyers demanded: "Who witnessed the alleged adultery? Specific names and details of the said witnesses are requested.

"How is it alleged that defendant knew of the marital status of plaintiff's wife? What comfort and society did plaintiff previously enjoy with his wife?

"It is being alleged that the plaintiff and his wife did not have problems before January 2006, if he did, particulars of the same are requested.

"How is it alleged that plaintiff was allegedly seriously humiliated and how was his dignity impaired? Of what religion is the plaintiff, and how was his faith shaken?

"How has the plaintiff suffered loss of consortium, what is the nature of problems he has had with his wife? Details of the same are requested since January 2006.

"What trust and what position did plaintiff have and how was it abused? Where and when was the marriage solemnised at the Roman Catholic Church?

"How is the $10 billion claimed? A clear breakdown is requested. How is the sum of $5 billion claimed? A clear breakdown is requested.

"How is the sum of $5 billion for loss of contumelia claimed? A clear breakdown is also requested."

And a legal source said: "The fight is really to get this case killed off before much deliberation, and the challenge is to prove Onesimus is exaggerating the existence of a loving relationship with Rosemary."

Ncube's lawyers are conscious that getting the claim thrown out will in fact not prove that he never slept with Rosemary, but hope it will spare the archbishop and his supporters from seeing salacious details of the alleged relationship splashed across newspapers during the court hearing.

The Catholic hierarchy is thought to be watching the developments while deciding on the next step to take.

 
 

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