Mayor's appeal referred back to Civil Court

HARARE - Gokwe Nembudziya Zanu PF MP Justice Mayor Wadyajena’s High Court appeal against a $1 500 maintenance order has been referred back to the Civil Court. 

The High Court yesterday referred the case back to magistrate Milton Serima. Wadyajena, who is offering $200, approached the High Court, claiming the Civil Court failed to conduct a thorough inquiry with regard to the maintenance that was requested.

In his High Court application, the flamboyant MP, through his lawyers, said the Civil Court should have gone further to carry out an investigation on the requirements of the minor child.

The legislator’s lawyer, Clement Phiri said it was clear from the evidence tendered that the MP’s former lover Wadzanai Mudare was gainfully employed.

He said Mudare — who initially demanded $11 600 monthly — was making unjustifiable demands.

“I would propose that it would be proper that if this appeal is upheld, then this matter should be remitted back to the court a quo, so that it assesses the proper figure of maintenance,” he said.

Mudare’s lawyer Jonas Dondo, on the other hand, argued that the High Court should not interfere with the discretion of the Civil Court magistrate.

He said in the application, Wadyajena had not pointed out whether the magistrate had misdirected himself or if the amount was excessive.

“This court should not interfere with matters that are purely discretionary,” he said.

He said Wadyajena had portrayed himself as a wealthy individual, considering that he has three children who are enrolled at Heritage School, which is one of the most expensive schools in the country. According to Dondo, Wadyajena said he is paying $2 200 for each child every term.

He further told the court that Wadyajena owned a haulage truck company and that he drove six “state-of-the-art” personalised cars.

Dondo said that the businessman’s $200 offer was unreasonable under the circumstances.

High Court judges Alfas Chitakunye and Emmy Tsanga upheld Wadyajena’s appeal, leading to the matter being remitted back to the Civil Court for an assessment of the minor child’s need.

Comments (1)

thats what you get for being munagwagwas blue eyed boy. Well done now all your maintance and tax problems have gone away. must be nice to work for zanu i must say. please sign me up where can i join and sit on top of the lion to enjoy the few fruits left in zimbabwe. Zimbabweans we are stupid useless our education has allowed us to accept rubbish i must say. any other country they would not accept this at all. we are almost into 2008 again but this time there is no sign of a GNU or anything to save us the last hope mai mujuru is about done. Are we cursed i ask are we that bad a people we deserve this. To the president we stood by you in 1980 where you fought from prison for every zimbabwe to live a life without fear to vote for who they want and to cherish being zimbabwean. but now we are getting hit and beaten to vote for who we want. we are no longer equal and it seems zanu is worse than the white man. How selfish our leaders our that all they care about is showing off with our hard earned money. they raise 8 mil for confernce so they enjoy but cant raise enough for us to get a doctor to heal people. worse still now we have the makandiwas who are milking the life out of the poor through religion and stopping us from demonstrating because they know where they are desperate and people without hope they look to GOD. I dont even know what wil have after mugabe because they will be nothing but a sudan like country.

petros - 13 November 2014

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