‘WAXOLA’ SUES WIFE, ‘LOVER’ E800K FOR ALLEGED ASSAULT SORCERY

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. 

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