Vharazipi turns to Magaya

The two projects in the pipeline, Sabhuku Vharazipi 4 and Bhanditi 1, are ready for the market but their release might be delayed due to financial constraints affecting the artists.

The actors have singled out Prophetic Healing and Deliverance (PHD) Ministries founder Magaya who recently opened up a 17-million-dollar-Marble-factory in Harare as their last hope.

“Over the years, we have been trying to get through to him (Magaya) but we have failed due to the long bureaucratic system in his organisation.

“We are open for business. We need him to partner us in the project and we know we would achieve what we want,” Wellington Chindara who played the role of Chairman or Svari in the popular comedy-drama said.

The actors David “Sabhuku Vharazipi” Mubaiwa, Kumbirai “Mbuya Mai John” and Chindara need money for mass production and distribution of the two dramas.

The actors’ appeal for assistance comes barely a few weeks after reports that the trio lost property worth $4 800, which will go towards servicing a $218 000 debt for discs that they sold on behalf of Ziya Cultural Arts Trust.

This comes after High Court Judge David Mangota gave an order for the trio to pay back the money, resulting in the issuance of a writ of execution.

It is alleged that the trio failed to account for the money from the discs they sold on behalf of their trust Ziya Cultural Arts Trust and these include Sabhuku Vharazipi series and the Voice.

The trio is alleged to have used the funds to buy a car, which they confiscated to the prejudice of the Trust.

According to a Notice of Seizure and Attachment in the High Court of Zimbabwe document seen by the Daily News issued recently, the trio lost 40 pigs, seven cows, a Jojo tank and a solar panel, all valued at $4 800.

“Take notice that I have this day (February 7, 2018) and laid under judicial attachment . . . whereby I am directed to be levied on your property the capital and costs with interest as claimed on the Warrant of Execution…,” reads the attachment document.

Ziya Cultural Arts Trust, through its lawyer Runouya Zimudzi from Zimudzi and Associates Legal Practitioners, secured a default judgment against the three, before further moving to attach their properties.

“You (the Sheriff of Zimbabwe) are required and directed to attach and take into execution the movable goods of David Mubaiwa, Wellington Chindara and Kumbirai Chikonye, the above mentioned respondents of number 138 Josiah Gondo Street, Mucheke, Masvingo and of the same cause to be realised the following sum of $218 500 being capital debt plus interest thereon at the prescribed rate of interest being five  percent per annum calculated from the date of issue of summons being 15th of June 2017 to date of full and final payment…,” reads part of the application for the issuance of a writ of execution.

The lawyers also demanded the trio to pay Ziya Cultural Arts Trust the legal costs it used in the litigation process.

According to court papers, the trio was appointed trustees of the Ziya Cultural Arts Trust in 2013 and had the responsibility to run the affairs of the organisation.

“The most common duties of trustees were the duty to comply with the terms of the Trust, the duty to act personally, the duty of loyalty, the duty of care, the duty to act with an even hand, the duty to declare the loss and profit of the trust and the duty to communicate to the beneficiaries. The plaintiff (Ziya Cultural Arts Trust) produced a drama popularly known for the ground-breaking comedy called Sabhuku Vharazipi and another known as Voice,” the Trust said.

However, Chindara told the Daily News yesterday that the attached animals and goods have not yet been removed.

“The said animals and goods are not yet removed. We are still defending our case in the courts of law. It’s not over yet,” he said.  DailyNews