By Dumisanin Ndlovu
In a recent ruling, Senior Civil Court Magistrate in Gweru Blessings Tsingano significantly reduced Gweru businessman Morton Mabandla’s monthly maintenance payments from US$10,000 to US$600.
The decision has sparked intense debate, with many questioning the drastic reduction.
However, the school of public opinion is divided on the matter. Some argue that the reduction is justified, given the change in circumstances.
Others contend that the drastic reduction will unfairly burden the dependent spouse.While the court’s decision is final, the debate surrounding it highlights the need for transparency and accountability in maintenance cases.
As the public continues to weigh in on the matter, one thing is clear: the welfare of all parties involved must remain the top priority.
On June 30, 2024, at the same court Magistrate Patricia Gwetsayi ordered Mabandla to pay US$10,000 in monthly maintenance payments and US$15,000 once off payment for medical bills to his vulnerable wife Stella Mabandla.
The former Lingfield Private College core-owner is in default of about US$25,000 in maintenance payments to the seemingly in poor health wife of over 40 years.Mabandla’s first attempt to approach the court seeking help to suspend the maintenance was initially shot down by fellow civil court magistrate Vimbayi Chirayi.
The magistrate ruled that the applicant Mabandla should first clear his maintenance arrears before making any court application or appeal. It is then that a warrant of arrest was availed by the court under case number M438/24.
“The respondent defaulted in paying maintenance. Please investigate as it is a criminal offence interms of section 23 of maintenance Act Chapter 5:09. Once completed please open a docket and prosecute the respondent,” read the warrant addressed to the officer in-charge Gweru Central Police station, dated 5 November 2024.
Despite the issued warrant, Mabandla remains at large, with reports suggesting that he is often seen at Gweru Central Police station, seemingly taunting the law.
The inaction of the police officers only identified as Constable Nkomo and Sergeant Dhobha, is particularly concerning. It has been over a month since the warrant was issued, and yet Mabandla walk scot free. The incident raises serious questions about the effectiveness and the willingness of law enforcement agencies to uphold the law.
Before the ruling Stella Mabandla’s lawyer, Esau Mandipa, had argued that Mabandla’s history of defaulting on his maintenance payments should disqualify him from receiving any relief from the court. The lawyer, Mandipa contends that Mabandla is approaching the court with “dirty hands,” having wilfully neglected his family responsibilities.
Mabandla’s successful application comes after he has consistently defaulted on his maintenance payment. Under the Maintenance Act Chapter 5:09, not complying with a maintenance order can lead to up to one year in prison.
The law clearly states that anyone who fails to make required payments is guilty of an offense. If convicted, the court can mandate that all payments, including any overdue amounts.
Despite his legal troubles, Mabandla, who is perceived as untouchable in Gweru, has initiated this court action with the help of Jumo and Mashoko legal practitioners. Stella’s lawyer, Esau Mandipa, criticized Mabandla for coming to court with “dirty hands,” referencing his ongoing failure to meet his financial obligations.
The case underscores the challenges of enforcing maintenance laws in Zimbabwe. It emphasizes the importance of courts carefully examining the actions and intentions of those involved.
The Maintenance Act stresses that effective enforcement is vital for protecting children’s welfare and promoting gender equality.In his second successful appeal in the same court, Mabandla prayed for the varying downwards his US$10 000 monthly spousal maintenance to US$500 if not suspension maintenance.
In the court papers Mabandla said as a result of inconsistencies in his monthly maintenance payment, he fear to default the honorable court order resulting him being prosecuted
“I further submit that the anxiety and fear of failing to raise money by and the defy court order, leading to me arrested. Prosecution will affect my physical and mental health since I am a High Blood Pressure patient,” read part of Mabandla’s submission.
