Source: Rich, famous drown in maintenance debt – DailyNews Live
Tendai Kamhungira 3 September 2017
HARARE – Responsibility is one thing that several people are afraid of in
life, which has seen many men including popular figures being dragged
before the courts for failing to pay maintenance towards the upkeep of
their children.
Politicians, business people, pastors, musicians and ordinary citizens
have not been spared with maintenance cases becoming a common phenomenon
in the courts.
A number of public figures have appeared before the courts to either
settle maintenance disputes, negotiate downwards or upwards variation or
facing criminal defaults.
Given the rate at which people are divorcing, as shown by the number of
cases that appear before the High Court every week, many men are at risk
of being dragged to court after failing to sponsor the upkeep of their
children.
In Zimbabwe, it is a criminal offence for one to default in paying
maintenance.
According to the Maintenance Act, “Subject to Subsection (1) any person
against whom an order to which this Section applies has been made who
fails to make any particular payment in terms of the order shall be guilty
of an offence and liable to imprisonment for a period not exceeding a
year”.
With the current economic hardships pushing many people into the poverty
trap, there is a greater risk of men failing to pay for maintenance,
raising chances of them being dragged before the courts or getting
imprisoned.
The rising number of defaulters is indicative of these prevailing
difficult times in Zimbabwe where several companies are downsizing and
kicking employees onto the streets.
Only a week ago, former CAPS United president and former Premier Soccer
League chairperson, Twine Phiri, was issued with a warrant of arrest after
he disappeared from the Harare Magistrates’ Courts, where he was set to
appear and answer to charges of defaulting paying maintenance.
According to the court papers, the complainant in the matter is Phiri’s
former wife, Keresia Phiri, who resides in Chadcombe, Harare.
It is the State’s case that on February 27, 2014 and at Chitungwiza Civil
Court, Phiri (49), who resides in Marlborough, Harare, was ordered to pay
$2 913 per month as maintenance for his three children with effect from
March 31, 2014.
Phiri reportedly defaulted, leading to the criminal charge.
He is not been the only one who has fallen under the same predicament,
where he had to be dragged to court to offer support to his children.
Only recently, Mashonaland Holdings chief executive officer Manfred Mahari
found himself in the dock for the same reason.
Despite claims that he bought two of his children a Mercedes Benz each,
Mahari is reportedly failing to pay for their school and tuition fees.
He is accused of having failed to pay $31 000 maintenance for his three
children.
Mahari pleaded not guilty to the offence, arguing that he had full school
fees benefits from his employment contract but was suspended in December
last year, without any benefits.
In 2015, Energy minister Samuel Undenge lost a High Court case in which he
sought to stop paying maintenance for his daughter Bongai Tafadzwa
Undenge.
This was after Bongai had previously won a court order for her father to
continue maintaining her until she was self-sufficient.
Musician Suluman Chimbetu, is also one of the people that have once been
dragged before the courts over the same maintenance issue, where he was
convicted of contravening Section 23 (1) of the Maintenance Act, following
a delayed payment of $800 towards the upkeep of his two children and their
mother Marygold Mutemasango.
Questions have, however, been raised as to whether it would need the
intervention of the courts for one to take care of his children.
There are circumstances where a person is no longer able to pay the
initially agreed amount of money because of changed circumstances in his
life.
Under these circumstances, one can always apply for downward variation to
adjust the amount he pays in line with the money that he gets on a monthly
basis.
But in many circumstances that lead to defaulting partners to being
dragged to the courts, they would have totally stopped paying money
towards the upkeep of their children.
However, some lawyers claim that the Section of the law that criminalises
failure to pay maintenance is vague and defective with the effect of
infringing on rights to fair trial.
Prosecutor Edmore Nyazamba recently challenged the law, arguing that it is
undefined to constitute an offence.
He successfully applied for his case to be referred to the Constitutional
Court for a proper interpretation or that it be expunged from the
statutes.
“A reading of Section 23 (1) shows that the subsection is subject to a
certain subsection. It follows therefore that the subsection referred to
which cannot be identified in the Act might contain certain preconditions
for the charge to be competent,” Nyazamba argued.
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