By Melisa Munzvandi
A Beitbridge man who told the court he is unemployed has been ordered to pay US$125 per month in maintenance for his child.
The matter was heard in the Civil Court before Provincial Magistrate Mbonisi Kaweni. Simangaliso Ndou is the applicant and Farai Mutwanyika is the respondent.
The court heard that Ndou was seeking an upward variation from US$70 to US$300, citing that the child is now proceeding to Form One.
Mutwanyika opposed the application. He told the court that his chicken cuts business collapsed due to import restrictions and ZIMRA regulations and that he has not been working since 2012.
He said he has three other children to support. He told the court that his daughter’s tertiary fees are being paid by her aunt, his second child is being looked after by his wife, and the last born is under his care.
“I prefer for my child to go to school where they can afford because I cannot afford. I cannot pay the called amount, I am unemployed,” he said.
Ndou disputed that Mutwanyika cannot afford to maintain the child. She told the court that Mutwanyika once told her he was working in Harare.
She said since 2019, Mutwanyika has been paying US$90 directly into the child’s school fees account and not as maintenance, adding that had she not been understanding, she would have had him arrested.
“I insist that he pays $300 for the first term because there are uniforms and from there he can pay a lesser amount like $150,” she said.
In his ruling, Magistrate Kaweni said the applicant had shown changed circumstances to justify an increase, noting that school costs will be higher in secondary school.
He said it would be unfair for the child in question to be left behind while the respondent’s three other children are being supported.
“The respondent is ordered to pay $125 from October every month until the child attains the age of 18 or becomes able to fend for themselves,” ruled Magistrate Kaweni.