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Legal Perspectives: Child Maintenance Law

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Legal Perspectives: Child Maintenance Law





With Fidelicy Nyamukondiwa


Child
Maintenance Law in Zimbabwe
Maintenance
is the financial support given to a dependent for the provision of food,
clothing and other basic needs. Under
common law, both parents have the responsibility to financially support their
minor children. The
Maintenance Act (Chapter 5:09) is the principle legislation in so far as child
maintenance is concerned. It was mainly enacted to ensure that those entitled
to maintenance benefit from it.
This editorial is an abstract of child maintenance law in Zimbabwe.
Who can apply for maintenance?
If a parent or any
responsible person neglects or fails to maintain a child, the child is entitled
to apply for maintenance. Any person with child
custody or a probation officer can apply for maintenance on behalf of the child.
If for example, a grandmother is living with her grandchildren, she can apply
for maintenance if the responsible person neglects to financially support the
children.
 If a mother neglects to financially support
her child, the father can approach the court for an order compelling the mother
to financially support the child. Marriage is neither a requirement nor a bar
to apply for maintenance. Put differently, an unmarried person can claim for
maintenance on behalf of his or her minor children. Similarly, a married spouse
can apply for a maintenance order against his or her partner even where they
will be living under the same roof.
Ordinarily, maintenance
should be paid until a child attains the age of eighteen years.  A magistrate   can
extend the payment of maintenance for a ‘child’ who has attained 18 years where
it is necessary.
How to
apply  
No money is
needed to apply for maintenance. It’s just a matter of approaching a Magistrates
court and make a complaint under oath. The responsible person is thereafter
summoned to appear in court. If he/she willfully absents self, a maintenance
order can be made in absentia. A birth certificate is important but its absence
does not bar a person from applying. It would be sufficient for a person to say
under oath that John Doe is the father. If John disputes paternity, it would be
his duty and financial responsibility to prove that he is not the father. A
provisional order for the payment of maintenance must be made by the court pending
DNA  paternity test results.
Failure to
comply with a maintenance order.
A person
who fails to make payments in compliance with a court order must be arrested
for committing an offence. Unwillingness to work or the incurring of
unreasonable debts or obligations cannot act as defences.  If convicted, a
person can be imprisoned for up to 12 months. Serving jail time does not
extinguish maintenance arrears. Neither does it suspend a maintenance order. An
imprisoned convict can
make a written application for his/her release stating that
arrears have now been paid. The High Court has however emphasized in the cases
of S v Chikwata HH 455/15, S v Chagomoka HH 484/15 and also S v Chiraya HB 220/17 that a prison term
should be reserved for serious defaulters.
Conclusion
The best
interests of the child are overriding in all matters concerning the child. The
principle object and primary purpose of the Maintenance Act is to ensure that
those entitled to maintenance are well taken care of by the responsible
persons. Courts are always open to ensure children are afforded the financial
and parental support they deserve.
Fiat
Justitia Ruat Caelum!
Fidelicy
Nyamukondiwa writes in his personal capacity. Contactable on 0785827154 nhanyams@yahoo.com  | @FidelNyams

I am not an American project—Sikhala

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I am not an American project—Sikhala

MDC national deputy chairperson Job Sikhala with vice president Tendai Biti

…says he will never
take power from Chamisa

Upenyu Chaota

MDC
national deputy chairperson Job Sikhala has cleared the air on rumours
purporting that he wants to take over power from his party’s president Nelson
Chamisa under the backing of the Americans saying he will stand firmly behind
him and will not let divisionary elements get their way.
Chamisa’s
MDC has recently suffered a media onslaught with some sections claiming that
the house was on fire with leaders engaged in vicious power struggles.
Sikhala
accused President Emmerson Mnangagwa’s spokesman George Charamba of leading the
media campaign to peddle lies against the MDC but said they will be left with
the egg in the face.
“The
enemy is now shaking and quaking. They are coming on us full throttle. I have
noticed with anger and anguish the desperate attempts by the department of
counter intelligence of the CIO, the military intelligence and the office of
Emmerson Mnangagwa calling itself the Office of the President and Cabinet
(OPC), pushing hard a narrative to destroy and sow seeds of division in the
people’s party by running with a nauseating narrative to shuffle the MDC
leadership as constituted by the Gweru congress.
“Let
it be clear to George Charamba and their released dogs that, the MDC leadership
as constituted at the Gweru congress with the people’s president Advocate
Nelson Chamisa as our head, Hon Tendai Biti, Professor Welshman Ncube and Hon
Lynette Karenyi-Kore as the Vice Presidents and Hon Thabitha Khumalo as the
chair and deputised by myself will never be changed as constituted under
whatever circumstances.
“The
narrative by George Charamba as confirmed by his post on his Twitter handle
@Jamwanda that I am a project of the Americans to seize power in the MDC and
lead a violent takeover of government is a mere regime attempt to cause maximum
divisions in the people’s party, assertions that have got no takers,” said
Sikhala.
He
said he had no presidential ambitions whatsoever and warned those within his
party against being used to cause chaos.
“Leadership
in our democratic movement is installed at a congress. Besides that I have got
no ambitions to be the president of the movement at all. Not today, tomorrow or
in the future. I have got full faith in the leadership of my president Advocate
Nelson Chamisa, who unbeknown to many is my young brother.
“I
will support, complement his drive for a free democratic society to the hilt. I
will stand with Advocate Nelson Chamisa until donkeys grow horns. So continue
wasting your time on puerile suppositions.
“Let
this also be a warning to those planted among ourselves who are advancing the
propaganda of the evil regime that, “Sikhala anoda kutiza nechinhu”,
that soon you will find yourself in the gallows of history.
“Becoming
a conveyancer of the toxic regime propaganda and shenanigans driven by few
coins of silver is intolerable. Gossipers whose survival in politics depends on
advancing divisions in the party should be warned that your time is nearing.
You will never rise again in this people’s party through rumor mongering. Our
general membership is aware of your disposition and behavior,” said Sikhala.

Shot in the arm for Masvingo junior football

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Shot in the arm for Masvingo junior football
The interim committee

…as
Zifa sets up Jnr League committee

Clayton Shereni

Following
loud calls for a junior football league, it seems the pleas are beginning to be
heard after local football mother body Zimbabwe Football Association (Zifa) set
up an interim committee to run the affairs of junior football development in
the province.
Masvingo
has over the years lagged behind in terms of junior football developmental
projects, with no junior league of its own despite the existence of such
notable teams as Triangle FC and Masvingo Utd FC who all need to fed by new
talent from junior leagues.
The
province is home to Chidyamakono, Pamushana, Gutu and Hippo Valley high schools
who are forces to reckon with at such national competitions as Copa Coca-Cola
annual Under 15 tourney.
Talking
of young players who made headlines, Masvingo boasts of Ovidy Karuru, Takudzwa
Mahori and Gabriel Nyoni who turned professional at a tender age during their
days at Gokomere and Pamushana respectively.
An
interim committee was selected over the weekend and it faces an uphill task of
doing the ground work and making sure the much-awaited league starts by
mid-March this year.
Experienced
football coaches and administrators were given the task to lead the initiative
with the vision of setting up a world-class junior league which will produce
players who can make it into Premier Soccer League (PSL) and national teams.
Seasoned
football administrator, Austin Hakunavanhu will lead as the interim chairperson
while Pikisai Mhizha, Margaret Chipetiwa, Tinos Chivasa, Zambuko Rice, Ernest
Chinosengwa, Charles Mhike make up the list of the committee.
Speaking
to TellZim News, Hakunavanhu said the initiative was a welcome development
which he hoped will change the face of Masvingo football.
“We
are waiting for the first meeting so that I can assess the situation. The
initiative is welcome and we all hope something positive comes out of it,” said
Hakunavanhu.
Zifa
Eastern Region chairperson Davison Muchena expressed confidence in the
capability of the new committee and also said the province was supposed to go
back to its glory days of producing young talented players.
“We
believe after putting up an interim committee of such qualified personnel.
Surely, we are going through the heights that we require in junior football. As
a region, we want to thank the Zifa president Felton Kamambo for awarding the
kids a chance and as we all know Masvingo has been a force to reckon in terms
of producing talented players.
“Masvingo
has been winning with Pamushana, Chibi, Hippo Valley and Gutu. Youth teams from
Masvingo have won so many trophies on a national scale so we believe if we give
them a chance they will excel more,” said Muchena.
For
this inaugural season, the league will include school teams, community teams
and football academies from the province’s seven districts.
Zifa
is on a nationwide junior football developmental project where they are setting
up junior leagues across the country’s ten provinces with Masvingo and
Manicaland already completed.

Prosperous Chiredzi cane farmer abandons family, workers

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Prosperous Chiredzi cane farmer abandons family, workers

…family
says war vet father spends all money on girls
Beatific
Gumbwanda
CHIREDZI –
The family of Chiredzi war veteran who is a successful sugarcane farmer has
complained that he has abdicated his family responsibilities and is spending
much of his earnings on girlfriends.
Members
of the family claimed that they no longer have enough food to eat as Borniface
Mutemachani had moved out of their Hippo Valley home for a new place in
Tshovani.
A
family member who refused to be named told TellZim News that Matemachani
recently earned a whopping $1.9 million from his cane harvest but has not
bothered to take care of the needs of his family.
The
family member also said the war veteran became so overexcited by his latest
pay-out that he forgot even to pay his workers.
“He
has now built a music studio where he hopes to record pro-Zanu PF songs and
jingles. Some of the money goes to the studio while the rest we suspect he
spends on his girls. He is not being fair to us as his family,” said the family
member.
Another
one said his lawful wife recently followed him to one of his love nests in
Tshovani where she found him, leading to a brawl.
“His
wife has now filed for divorce because she is entitled to a fair share of the
wealth they built together,” said another family member.
When
contacted for comment, Mutemachani said nobody had the right to dictate to him
on how to use his own money or how to live his life.
He
also admitted that he was now renting an apartment in town where he rests
before going to work on the studio.
 “Mai Mutemachani suspected that I was not
being faithful to her and she stormed into my apartment in Tshovani where I
usually rest before proceeding to my studio for recording. That $1.9 million that
is causing all these problems is my money and I can’t be told how to use it,”
said Mutemachani.

ED is our Biblical Joshua, says Chadzamira

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ED is our Biblical Joshua, says Chadzamira


Emmaculate
Mukokoromba
ZAKA –
The Minister of State for Masvingo Provincial Affairs has equated President
Emmerson Mnangagwa to the Biblical Joshua who will lead Zimbabwe through the
final stretch to the ‘Promised Land’.
Speaking
at the integrated schools and communities environment programme held at Chemvuu
Dam site where First Lady Auxillia Mnagagwa was guest of honour, Chadzamira related
Mnangagwa’s leadership qualities to those of Joshua.
He
said Mnangagwa’s predecessor, Robert Mugabe had started the work but could not
complete it thus the need to follow the current President just as the children
of Israel followed Joshua after the death of Moses.
“President
Mnangagwa is a visionary leader. In Zimbabwe, we haven’t had a President with
leadership qualities like his as many economic development programmes are being
done.
“We
have Zupco buses, the Smart Agriculture programme, Silo shops and other
initiatives. All these developments are coming through him with the help of the
First Lady in line with Vision 2030,” said Chadzamira.
He
praised the first lady’s work saying she was making a positive difference on
the lives of people in needy communities.
“We
have been praying for a mother of nation who has people at heart. The first lady
is inspiring as she is not selective and does not consider political parties
when it comes to development. She helped Bopoma Children’s Home in Zaka among
others around Masvingo province.
“As
Masvingo province, let’s remain united and fight the enemy from the left, right
and centre to support our President,” he said.
Speaking
to the same event, Zaka Central Member of Parliament Davison Svuure described
the first lady as a humble woman of substance.
“We
have never had this kind of a mother before. She has time for everyone and she
is not selective of who she mixes with,” said Svuure.
Through
the integrated schools and community environment, the first lady commissioned
Chemvuu Dam and an orchard where 1500 trees were planted in partnership with
Environment Management Agency (Ema), Zimbabwe National Water Authority (Zinwa),
Zimbabwe National Parks and Wildlife Authority (ZimParks) and the Forestry
Commission.

Masvingo Council in rates hike climb-down

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Masvingo Council in rates hike climb-down

Ruvarashe
Chichera

MASVINGO
– The
business community has breathed a sigh of relief after the local authority
announced that there will be a revision of the proposed 2020 licence fee
increases which had caused immense pain on Small and Medium Enterprises (SMEs).
Masvingo City Council
has already advised the business community to approach licensing offices at the
Civic Centre to get new figures.
Towards the end of last
year, council announced new business licence fees with an average of 4 000
percent increase across the sectors but it has now been reversed.
“The City of Masvingo
hereby advises its valued stakeholders that it has revised downwards previously
advertised 2020 licence fees after considering concerns raised from various
stakeholder groups. All those affected are advised to approach our Licensing Offices
at the Civic Centre for rectification…” reads part of the noticed published
recently in the media.
Last year, TellZim gathered
and published the reaction of many small business people in town who expressed
hopelessness saying they will never afford to pay the new fees and will have to
operate illegally.
People were also made
aware of the window period offered by council to write letters of objection to the
rate hikes so that the required number of letters needed to force a revision
could be reached.
Masvingo City Council
chamber secretary, Vitalis Shonhai confirmed then that people were submitting their
letters of objection through the formal channels.
“I can confirm some
people have already sent their letters. The budget is only a proposal and it
will only work if people agree to it. I urge people to take the right channel
and communicate through formal processes,” said Shonhai.
Owing to the high
default rate in the payment of licence fees among small business people at the
beginning of the year, the police had started taking advantage of the situation
to arrest the defaulters and release them upon payment of bribes.

‘Mutare Hostel haunted by ghosts’

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‘Mutare Hostel haunted by ghosts’
A look of the notorious Matida Hostels

Monalisa Matongo
MUTARE – Some Matida Hostel residents say they suspect their place is
haunted by ghosts which they claim to be seeing in bathrooms and main passages
during the night.
The residents claim that deceased individuals who lived in the
hostels decades ago are coming back as apparitions.
 “Some people were
brutally murdered in these hostels some time ago and their embittered spirits
are coming back to haunt this place. We heard that the people who committed the
murders used to stay at these hostels as well,” said Mallon Ngaru.
Cllr Elizarbeth Tsoro of Sakubva Ward 2 said the paranormal
developments had seen some hostel-dwellers avoiding using the bathrooms in the
after-hours.
The council-owned, heavily congested hostels, which have largely
fallen into a state of disrepair, can be equated to the notorious Matapi flats
in Mbare, Harare.
Their sanitary facilities are broken and the passages are unlit,
with many families using bathrooms and toilets communally.
“The ghosts are said to be visible not only to adults but also
to young children and they are mostly seen in the bathrooms. I am working to
persuade council to prioritise resuscitating the lighting systems of the
hostels,” said Tsoro.
The hostels are also prone to burglars that take advantage of the
dark passages and rundown security systems.

Police summon MDC members over Sikhala demo

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Police summon MDC members over Sikhala demo

Police maintained a vigilant present during the trial of Job Sikhala
Virginia
Njovo

MDC national youth organising secretary and Masvingo
Urban Ward 4 Councillor Godfrey Kurauone and other party activists were last
Sunday called for questioning at the Masvingo police law and order section in
connection with protests that rocked the city during the trial of MDC national
vice chairperson Job Sikhala on subversion charges.
Other opposition members who were also called for
questioning include Masvingo Urban Ward 4 Councillor Daniel Mberikunashe, MDC
Masvingo provincial administrator Peter Chigaba as well as party members Kissmaker
Mapote, Olivia Tobaiwa and Jeffryson Chitando.
“An unmarked and unregistered vehicle with police
officer came to my house and they demanded that I accompany them to the police
station but I refused and told them I will report there on my own.
“When I got there, I was interrogated for over two
hours and they made me sign a warned and cautioned statement. They accused me
of housing thousands of people on the eve of the trial. But do I have big
enough space to accommodate thousands of people?” said Chitando.
On his own experiences, Kurauone described the police
actions as barbaric, accusing them of flagrantly displaying acts of political
partisanship.
“They interrogated me for about three hours. They
accused me of helping to organise people who demonstrated but I denied that.
They also asked me who was behind the disturbances and I told them I didn’t
know so they accused me of failing to cooperate with them. They alleged that a
police car was stoned. They also said they will charge people for malicious
damage to property, claiming that glasses at Edgars and Chicken Slice were
damaged,” said Kurauone.
Zimbabwe lawyers for Human Rights (ZLHR) members
Collen Maboke and Martin Mureri were active in giving support to the activists.
 .

EFF Zim appoints Mapuranga national spokesperson

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EFF Zim appoints Mapuranga national spokesperson
Rudairo Mapuranga

Elliot Jinjika
HARARE– The Economic Freedom Fighters (EFF) Zimbabwe , a sister
political movement to the Julius Malema-led EFF South Africa, has appointed
Dickson Rudairo Mapuranga to the position of national spokesperson, TellZim
News has learnt.
EFF Zimbabwe is led by Innocent
Ndibali and is working to make an impact on the local political arena as Malema’s
party has done in South Africa.
The movement, which claims to be
premised of Pan Africanist values with a determination to fight for a united
Africa and the economic emancipation of black people, has also seen like-minded
political parties being formed in Namibia, Liberia and Malawi.
Mapuranga, who hails from Chivhu,
said young people must take the lead in economic affairs of the country by
participating in national policy-making activities.
 “My appointment as EFF Zimbabwe national
spokesperson has come at a time when I am making commitments to change the
lives of people in Zimbabwe by leading an exemplary life.
“Economic revival rests in the
agricultural and mining industries. As the EFF, we will therefore push for youth
empowerment in these areas. This will increase young people’s participation in the
two most critical areas of the economy. Extraction comes first before
processing,” said Mapuranga.
He said he acknowledged the need
for youths to play a bigger role in national issues by taking advice from
seasoned politicians.
“It is my view that economic
development needs intergenerational participation with a blend of experience
and new ideas. It is therefore my considered view that the youth should engage
the preceding generations for wisdom on how to transform their lives,” said
Mapuranga.
Mapuranga is currently studying
for a degree in Media and Cultural Studies at Great Zimbabwe University (GZU).
He is founding CEO of Bread
Basket Farmers Association (BBFA) and is one of the founders of Core Miners Association.

MP Mangwiro letting us down: Chikomba West Villagers

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MP Mangwiro letting us down: Chikomba West Villagers
Dr John Mangwiro


Elliot Jinjika

CHIVHU – When voted into office, some
politicians in the country disappear from their constituencies and reappear at
the next election time seeking support from the same electorate.
This
outrageous trend is common in Chikomba West where the local Member of
Parliament (MP) Dr John Mangwiro has rarely if at all been seen by much of his
constituents.
A medical
doctor by profession currently serving as Deputy Minister of Health and Child
Welfare, Mangwiro stands accused of spending much of his time in Harare doing
little to represent the interests of the people back home.
The
constituency faces many problems that need the attention of the MP but he seems
nowhere to be found, and this has drawn his more criticism than compliments.
One
villager said Mangwiro was battling bad health and had totally neglected the
constituency office where staff has now left for non-payment of their dues.
“We
hardly hear about him and the constituency office he opened to deal with local
issues is no longer giving any service. I heard he is not feeling well and he never
attends programmes in this constituency where many problems abound,” said the villager.
Another
villager said Mangwiro could be doing better job in the Ministry of Health but
was obviously faring badly at local level.
As
chairperson of the International Diabetes Federation (IDF) Africa Region, Mangwiro
was scheduled to be the guest of honor at the World Diabetes Day held at Garwe
Stadium in Chivhu.
He
however, did not turn up and many of his villagers who had expected to meet him
were further disappointed.
Last
week Mangwiro sent representatives to Northwood Primary to convince parents
that they allow their children to be transported to a neighbouring school for
lessons pending the completion of classroom blocks at their own school.
His
proposals were vehemently rejected by parents who felt the school should have
been long-supported to put in place its own facilities than allow it to open
its doors pre-maturely.
 “We don’t even know him here since we voted
him into office. Instead of chipping in by providing funds or sourcing funds
for us to solve the problems at the school he is making bad suggestions. He is
only looking for political mileage after being quiet for a very long period of
time,” said one parent.
Chivhu
Ratepayers and Residents Association (CHRRA) Chairperson Collen Zvarevashe
lambasted Mangwiro’s record as Deputy Minister of Health, saying the situation
at health institution in his constituency and the larger district was
deplorable.
 “Hospitals and clinics in Chivhu are faced
with very big service delivery challenges and one would normally expect the
deputy minister to do something as this is his own area. Who else can be better
placed to understand local challenges than a deputy minister who comes from
this area?
“He
should have acted upon solar panels donated by UNDP lying idle at Chivhu
Hospital but he did nothing. He never attends to the problems of this
constituency, we are orphans. The MP should be in touch with the situation in
his constituency and he should be seen to be working on the challenges we face,”
said Zvarevashe.
When
contacted for comment, Mangwiro said he had been battling ill-health for some
time but was now fit to live up the expectations of people who voted for him.
“I have
been out of the country for quite a long period of time and I thought it’s
known that I have been battling ill health. I underwent a surgical operation
but I can now confirm that I am fit and raring to go. I have a lot of projects in
my plans. We have a lot to do,” said Mangwiro.

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