By A Correspondent| The controversial UFI church founder, Emmanuel Makandiwa has performed another U turn after telling judges that he is above them, has ecclesiastical powers, and so cannot be tried by them.
Last year, Makandiwa told the High Court that he possesses pastoral powers which make him immune to prosecution.
This was in the case in which he is being sued 6.5 million dollars for using his pulpit powers to impose a fake lawyer, Tichaona Mawere. The latter was last year exposed on ZimEye.com by the Law Society who revealed that he is a fraudster.
Makandiwa fought tooth and nail to block judges from trying him on the case. In his conclusions, he did not deny the substance of the case allegations against him, while saying that the matter is purely a church-pastoral affair which the courts do not have jurisdiction over. But in the latest ruling, a high court judge said the lawsuit is airtight. SEE BELOW:
In a fresh twist however, Makandiwa has shifted position and begun raising a string of allegations against the Mashangwa couple. He has now suddenly begun claiming that the house they (the Mashangwa couple) sold was never theirs in the first place.
Another allegation he has made is that the Mashangwa’s never had owed ZB bank, and furthermore an allegation that the Mashangwas never engaged the services of Tichaona Mawere.
Insider documents seen by ZimEye.com however show the very opposite to what he Makandiwa is claiming. (ZimEye has already published Makandiwa’s first full response to the matter which contains no objections to the Mawere matter.)
He also denied knowledge of the $1,1 million that Mr and Mrs Mashangwa claim to have contributed to the church. This was so despite evidence of correspondence between Makandiwa and the Mashangwas’ lawyers plus also evidence of payments in the form of receipts already presented.
In his affidavit, Makandiwa claimed that the lawsuit was an abuse of the court process and that it must be thrown out.
“We (Prophet Makandiwa, Prophetess Ruth and the church) make the present application on the grounds that the action is not only both frivolous and vexatious, but also a self-evident gross and contemptuous abuse of the process of this court,” reads their affidavit.
“Each of the six claims suffer from predictable failure and so groundless that no reasonable person could ever hope to obtain relief there from.
“The principal case has not been brought with the bona fide intention of obtaining relief. Instead, the proceedings have been brought with the sole and mala fide intention of annoying and harassing us.
“The principal case is inconsistent with reason and common sense and as such, unworthy of serious consideration. The principal case must accordingly be summarily dismissed pursuant to Rule 75(1).”
Makandiwa denied ever misleading the couple, saying no prophecy can command the congregants to stop repaying their debts.
Makandiwa said the leaders at UFIC only deliver sermons and teachings based on the word of God and video evidence of all services can confirm.
“The respondents never got a ‘representation’ in the manner and terms alleged. In fact, believers that attend church are not ‘represented’ to,” the affidavit reads. “Ministers of religion deliver sermons and teachings based on the infallible word of God.
“When a prophet speaks, he speaks not as his own principal, but as God’s mouthpiece.”
Makandiwa argued that the Mashangwas never owed ZB Bank as alleged and that the Marlborough property was never attached over a $500 000 debt as alleged.
In February 2012, the property in question was sold to someone for $800 000 and later on, to another person.
Makandiwa denied ever prophesying that Tichaona Mawere was a great lawyer, who would never lose a case.
He then attached a digital versatile disc (DVD) he claims are from events on the “day” in question in which he says shows that the prophecy was targeting Mawere’s wife, who had problems with her husband.
“On May 6 2012, during a church service (a DVD with the recording of the pertinent portion is attached as Annexure 20), I counselled and prophesied to Mawere’s wife,” he said.
“I asked her where her husband was and Mawere came forward from the congregation. I advised the couple that the two were using their legal training and skills to test each other’s intellect and legal acumen in the home, which prophecy the couple affirmed.
“I counselled the couple to desist from utilising their legal skills in the home and advised Mawere that if he applied himself well, he would never lose a case. I counselled Mawere’s wife and stated that she would never win an argument against him.”
Makandiwa stated in the affidavit that the couple never engaged Mawere as alleged.
Instead, Makandiwa said, Mr and Mrs Mashangwa engaged the services of Mr Tichaona Govere of Govere Law Chambers for his case.
Makandiwa denied knowledge of the $1,1 million that Mr and Mrs Mashangwa claim to have contributed to the church.