ZANU PF apologist and Destiny of Africa Network (DANet) leader Obadiah Musindo has appealed against a 90-day jail term he was recently slapped with.
Musindo was jailed for defying a 2014 High Court order compelling him to pay a $10 000 debt to Bulawayo modelling agency owner, Sipho Mazibuko.
Musindo is also challenging the default judgement ordering him to pay the Strides Models’ owner $10 135 arguing that he only learnt of the legal proceedings against him through the media on September 28.
He has since filed an urgent chamber application for stay of execution until the recession of judgement submission is heard which would allow him to also present his side of the case.
Musindo argued that he did not have any written contract with Mazibuko who claims she was engaged back in 2012 to scout for models to participate in a pageant organised by his company in Harare.
The DANet leader claims he never knew of the default judgement that was passed by, the late Bulawayo High Court judge Justice Andrew Mutema in February 2014 ordering the cleric to pay the debt which he is accused of defying prompting Mazibuko to file for civil imprisonment whose summons he also says he was never served with.
Musindo claims that he had always contest the debt claims against him or his organisation and he could have challenged it if he had known of the legal proceedings against him as no summons were ever submitted to either his Bulawayo offices, person or place of residence.
High Court judge Justice Martin Makonese last Thursday ordered Musindo to pay Mazibuko $500 per month starting on October 31 until he has cleared the debt together with the suit or risk a 90-day jail term.
According to courts documents Musindo claims to have only met Mazibuko during his church crusades and economic empowerment outreaches programs during which period she approached him with a proposal which required a $10 000 start-up loan.
Musindo said that he then advised the Strides Models owner to follow the proper procedure to apply for the loan at his Bulawayo offices at LAPF House, Bulawayo which he says she did.
“On realising that her loan application was taking long to be approved she started to impose bills on us in her attempt to raise the money and I have evidence of that,” reads Musindo’s application.
The cleric said the details of the case are in a letter he wrote to Zimbabwe Tourism Authority CEO Karikoga Kaseke back then.
“The bottom line is that there was never an agreement in the manner alleged by the respondent…
“She was a mere voluntary partner who was to work with my organisation to boost our outreach programmes and also market herself in her own business. She was merely entitled, together with her girls or models, to per diem or such other allowances, which allowances and per diem were duly paid.”
Musindo’s application for rescission of judgement claims that in the absence of a written contract or such other evidence to prove what she alleges, it is clear that Mazibuko has no action legal claim against him or his organisation.
He argues that the matter qualifies to receive a “rescission of judgement so that a proper trial may be held and all the facts ventilated for an equitable decision to be returned.”
