Times Of Swaziland: ‘WAXOLA’ SUES WIFE, ‘LOVER’ E800K FOR ALLEGED ASSAULT SORCERY

‘WAXOLA’ SUES WIFE, ‘LOVER’ E800K FOR ALLEGED ASSAULT SORCERY
================================================================================
BY TIMES REPORTER on 01/11/2021 08:46:00


MBABANE - Well-known Manzini businessman, who owns a fleet of kombis and is a
director of X-Change Lounge and Shisanyama among other businesses, is suing his
wife and her supposed lover a sum of E800 000 relating to alleged assault
sorcery.
In the particulars of claim, which were filed by Mxolisi Mabuza’s legal
representatives from Mtshali Ngcamphalala Thwala Attorneys at the High Court of
Eswatini, the first defendant is his wife, Nompumelelo Tiri Thwala, who is a
doctor by profession while her supposed lover Garikai Shambira, whose full
particulars are unknown to applicant, but is employed by one of the
pharmaceutical companies in Manzini, is the second defendant.
According to the particulars of claim, the claim by the applicant is for the
compound sum of E800 000, in respect of damages he allegedly suffered as a
result of the defendants’ supposed conduct, which allegedly had impaired his
reputation and dignity. It is alleged that the defendants also engaged in
assault sorcery, which resulted in the businessman suffering both physical and
mental impairment. In fact, the claims are two.
In the first claim, the businessman submitted that on or about June 2020, the
first defendant allegedly, with an intention to injure his reputation, allegedly
uttered defamatory statements to various individuals, who are their religious
elders and mutual friends. However, the exact words which the applicant claims
were uttered by the first respondent will not repeated due to their defamatory
nature.
Defame
The businessman submitted that the statement was allegedly made with the
intention to defame him and injure his reputation. He added that the statement
was also understood by the addressee and was intended by the defendant to mean
he was not a Christian that he presented himself to be. Therefore, he claimed
that the statement was defamatory to him. As a result of the said defamation,
the businessman claimed that his reputation had been damaged and had suffered
damages in the sum of E450 000.
The amount of E450 000 is now due, owing and payable to the applicant and
despite lawful demand, the defendants have failed and/or neglected to pay
him,” reads part of the particulars of claim. In the second claim, the
businessman submitted that on or about July 2019, the first and second
defendants, allegedly, acting jointly and as supposed lovers, committed assault
sorcery on him. He alleged that they approached a sorcerer in Manzini with his
undergarments and clothing supposedly with the sole intention of bewitching him.
In the process, he claimed that the defendants allegedly slaughtered a goat
which would be used as sacrifice and sorcery against him. He also claimed that
the defendants allegedly performed rituals on his undergarments and thereby
committed assault sorcery upon him.
Harm
According to the particulars of claim, the businessman claimed that the assault
sorcery was intended to harm him, both physically and mentally. As a result of
the alleged assault sorcery on him by the defendants, he suffered both
physically and mental impairment as he suffered constant headaches and emotional
stress.  He also submitted that he could not conduct any of his businesses and
had to undergo mental therapy between October 2020 and December 2020.
“I suffered contumelia,” reads part of the particulars of claim.
Consequently, the applicant submitted that he suffered damages amounting to E350
000, which a sum of medical expenses (therapy) - E25 000, loss of business -
E200 000 together with pain and suffering - E125 000. Thereafter, he submitted
that the amount of E350 000 was owed and should be paid by the defendants
jointly and severally the one paying and the other to be absolved. In his
prayers, the applicant wants the defendants to pay the amounts at nine per cent
interest per annum from the date of issue of the summons to final payment and
that they should pay costs of the suit. It is worth noting that the veracity of
these allegations is yet to be tested in court and the respondents are yet to
file their responding papers.