Debt ridden Magaya in another legal storm

Staff Writer
Controversial preacher Walter Magaya has been embroiled in yet another legal storm after claims that he barred officials from the Sheriff of the High Court from executing a court order.

This was after the troubled self-proclaimed prophet and his wife Tendai through their company Planet Africa failed to pay a US$420,410 debt owed to Getbucks Microfinance Bank Limited (Getbucks).

Getbucks lawyers have since written to the police seeking intervention in the execution of the court order.

“On behalf of our client and in November 2024, we instructed the Sheriff to enforce the Writ of execution against the 1st Defendant Planet Africa (Private) Limited at No. 168 Smuts Road, Prospect, Waterfalls, Harare and against the 2nd and 3rd Defendants, Walter Magaya and Tendai Magaya at Number 18 Cuba Road Mount Pleasant Harare.

“The Sheriff’s officers were denied access to the premises and consequently requested escort services from the Police in terms of the law. These services were sought from Waterfalls and Marlborough Police Stations. ZRP Waterfalls initially agreed that execution escort was to be availed on the 10h of January 2025, but latter postponed to the 16h of January 2025. Thereafter the Officer in charge did not release the police details when the Sheriff made a follow up. It appears the Police are unwilling or hesitant to render the escort service for unknown reasons for a full month,” the lawyers said.

In the letter, the lawyers also gave a hint that they were likely to approach the court to file a case against the police for neglecting their duties as well as against Magaya and his wife for contempt of court.

According to court papers, Magaya and his wife, Tendai borrowed the money in March last year promising to pay back the total amount by September 7 last year.

They went on to give as surety, a piece of land next to Yadah Hotel measuring 3,2323 hectares.

After failing to pay, High Court judge Justice Jacob Mafusire granted an order against the couple and their company, Planet Africa, ruling that the property held as surety was now executable.

“Whereupon after reading documents filed of record and hearing counsel, it is ordered that judgment for provisional sentence in the sum of US$420,140,72 is hereby granted in favour of the plaintiff against the defendants jointly and severally, the one paying the others to be absolved, together with interest thereon at the rate of 10% per month from 11 September 2024 to the date of payment in full.

“The first defendant’s (Planet Africa) immovable property known as certain piece of land situated in the district of Salisbury called the Remainder of Stand 166 of Prospect measuring 3, 2323 hectares held under deed of transfer No 4076/2018 and dated 27 July 2018 is hereby declared specially executable,” ruled the judge.