By Dumisani Ndlovu
Former businessman Morton Mabandla, a man accused of failing to meet his family obligations, has taken his case to the Civil Court in Gweru. He is asking for a review of his monthly maintenance payments to his wife, Stella Mabandla. Despite being nearly three months behind on his $10,000 payments, Mabandla is seeking a reduction in his financial responsibilities.
According to the state’s case, on June 30, 2024, the Gweru civil court ordered Mabandla to pay US$10,000 in monthly maintenance payments to his estranged wife.
The former Linfield Private College core-owner, is in default of about $9,300 in maintenance payments to his estranged wife of over 40 years.
Mabandla’s request comes after he has consistently defaulted on his maintenance payments, which is a criminal offense in Zimbabwe. 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, be made through the maintenance court clerk.
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.
The court’s decision on this matter will be crucial in determining the outcome of the case. If the court agrees with Mandipa’s argument, it may discourage others from attempting to reduce their maintenance payments after defaulting.
This move has raised eyebrows, given Mabandla’s history of defaulting on his maintenance payments.
According to court papers, a warrant of arrest was issued against Mabandla at Gweru Central Police Station on 5 November 2024. However, despite this 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 remains free. This raises serious questions about the effectiveness of the justice system in Zimbabwe and the willingness of law enforcement agencies to uphold the law.
Stella Mabandla’s lawyer, Esau Mandipa, has 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 familial responsibilities.
The case is set to be presided over by Senior Civil Court Magistrate, Blessing Tsingano at the Civil Court in Gweru on Tuesday. As the court deliberates on Mabandla’s request, it is essential that they consider the broader implications of their decision. The outcome of this case will be closely watched, as it has significant implications for the enforcement of maintenance laws in Zimbabwe.
Contacted for comment, Midlands Provincial Police Spokesperson, Emmanuel Mahoko expressed ignorance Morton Mabandla’s warrant of arrest.
“I am not aware of the case. I will get back to you when I get full information about this,” he said.
