Siphakeme .Mnindwa
Robin Muchetu, Senior Reporter
A BULAWAYO woman, has made an astonishing 187 court appearances since 2013, all in an effort to compel her ex-husband, a Bulawayo doctor, to pay child maintenance for their now 16-year-old daughter.
The ex-husband allegedly now owes nearly US$40 000 in maintenance arrears.
In the latest court appearance, the woman appeared in court last Tuesday seeking an upward variation of the maintenance from US$500 to US$3 500. However, the ex-husband, through his lawyers, Sengweni Legal Practice filed a Notice of Opposition demanding that the maintenance be reduced to US$200 per month.
The woman said she is tired of the courts but feels her ex-husband must be responsible and pay for the upkeep of their daughter since she has been single-handedly fending for her since she was six.
The woman said the court appearances have taken a toll on her financial and mental health, adding that she is always in debt while trying to care for their daughter.
Local legal aid that represents women is alleged to have refused to assist in her case as they said she was a woman of means, who should pay for legal services as they only assisted low-income clients.
Since 2013, the ex-husband has allegedly defaulted in maintenance and arrears have accumulated to US$38 500.
“It has been noted with great concern by this office that you have been making erratic/no payment to the maintenance contributions. You are reminded that failure to comply with your obligations towards maintenance may lead to criminal proceedings against you without further notice. You are in arrears of $US38 500,” read the letter to the ex-husband from the Tredgold Provincial Magistrate.
The ex-husband is alleged to have paid maintenance for 2013, 2014, 2015, but was allegedly in arrears as it was not smooth payment each month until 2016.
Their child is due to start school at a prominent boarding school in January 2024 and the father is opposing the school choice.
“First and foremost, I am objecting to the child being taken to the school (name supplied). That school is beyond my reach to pay school fees. I am self-employed as a medical doctor running my own surgery in Bulawayo. I depend on cash and medical aid clients,” he said in a sworn affidavit.
He said his income has dwindled in the past years and earns US$500 only which has to cater for salaries, rentals and other expenses, which have led to him accruing rental arrears for his practice amounting to US$ 11 290,59 and is on the brink of being evicted from the premises.
“It is clear that I do not have the means to pay school fees at (school name supplied), looking at my earnings from the only source of income I have. If I am ordered to pay maintenance in that kind of money which is beyond my yearly income, the surgery will collapse and close. The applicant should look for a school, which is within my reach to pay and I cannot be forced to pay school fees at a school beyond my capacity,” said the ex-husband through his lawyer.
He said he could only afford a public school.
The ex-husband submitted bank statements, Mining Industry Pension Fund letters of demand, who are the landlords of the building that houses his surgery, Medical Aid Societies that were not submitting payments to him and other documents that prove that he is financially disabled to cater to the demands of his ex-wife.
According to the courts, in 2018, the ex-husband missed six months of maintenance payments, in 2017 he missed one month, the whole of 2019, 2020, 2021, 2022, 2023 he failed to pay anything towards child support and in 2024, he has not paid.
The mother has stated that the 16-year-old daughter is expected to start her Advanced Level classes in January 2025 and requires school fees, uniforms, stationery and various sporting equipment as she is a sports woman who plays golf, cricket, squash, and tennis among other sporting disciplines.
“I have had to give up a lot to ensure she gets an education, but this is something I should be doing with the help of the father. When I engage him, he brings big lawyers to me, but the money he pays to these lawyers he should be channelling to the child’s upkeep.
“I have been to court since 2013, and in total I have been to court 187 times and this is because cases would get split over and over again. I would be served with papers almost every Friday of my life since we started going to court and at first, I could afford attorneys until I stopped and represented myself in court,” she said.
