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  Applicant in Archbishop " Adultery" Case Refusing to Supply Defence with Evidence

By Violet Gonda
SW Radio Africa
August 6, 2007

http://www.swradioafrica.com/news070807/ncubepros070807.htm

After such an intense media blitz, the lawyer representing the man suing Archbishop Pius Ncube for allegedly having an affair with his wife, appears to be having problems providing information for his claim. Onesimus Sibanda's lawyer, Munyaradzi Nzarayapenga has filed a notice of amendment of the original claim in the High Court. The development came after the Archbishop's lawyer, Nicholas Mathonsi, asked the claimant to clarify how the evidence was secured. Mathonsi said the plaintiff has simply corrected some grammatical mistakes but is refusing to supply the defence team with further particulars of the claim.

He said: "We are entitled as a matter of right in law to be given particulars of the exact dates, times and venues of those alleged acts of adultery. We are also entitled as a matter of law to details of how that information was secured and who witnessed those alleged acts of adultery. So that is what they have totally refused to supply us with."

The defence team said they would have to get a court order to force them to supply that information. "Because it is totally unacceptable for anyone to be expected to answer to allegations which are vague and embarrassing," Ncube's lawyer said

The basic charge relates to the claim for adultery damages for a total sum of Z$20 billion. Onesimus Sibanda claims he suffered as a result of the alleged adultery.

Supporters of the cleric say the whole issue was a "concoction" generated by ZANU PF to create hype that would divert attention from the political mis-governance and economic meltdown in the country.

Effe Ncube, the chairperson of the Bishop Pius Ncube Solidarity Coalition, said it appears the claimant rushed through the case and the case has become a legal minefield. "There are problems regarding the way the evidence was secured. It was secured through breaking a lot of laws and the way they went about doing their summons – it was a political statement. It is unprecedented in the history of judiciary systems, even at the stone-age times, that a judicial officer in exercising his duties would be accompanied by an entourage of journalists to try and embarrass a person."

Critics believe this has been a government ploy all along to discredit the outspoken cleric who has given the Zimbabwe regime the biggest headache, by exposing rights abuses and mis-governance.

 
 

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