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Gibson Mhaka
COUGH up for your own flesh and blood Rush!
Former Warriors and Gweru-based TelOne head coach Rahman “Rush” Gumbo is facing a stiff challenge from an unlikely opponent, his ex-lover Phiwe Mpofu who hauled him to court accusing him of falling behind on child support payments.
Gumbo was portrayed as an uncaring dad when his ex-lover made an application for a garnishee order compelling his employer — TelOne, listed on her application as the second respondent, to pay her the money that it is holding on behalf of Gumbo.
She said Gumbo had not complied with a court order that was granted in 2016 when he defaulted on various occasions resulting in the accumulation of $2 640 in arrears.
In the order Gumbo was ordered to pay US$120 per month towards the upkeep of his son who was then 10 years old.
In her papers, Mpofu — an interpreter at Plumtree Magistrate courts, argued that Gumbo’s assistance was strongly needed if their son who is now in Form Two was to get the best upbringing possible in the circumstances.
“This is an application for garnishee order compelling the second respondent (TelOne) to pay to me the sums that it owes or is holding on behalf of the first respondent (Gumbo).
“I obtained an order against the first respondent under case number 1317/ 16 at the Maintenance Court sitting at Bulawayo for the payment of US$120 as maintenance per month.
“The first respondent has not complied with the court order and defaulted on various occasions resulting in arrears in the sum of $2 640. The respondent has just paid part of his arrears in the sum of $1 200 leaving an outstanding balance in the sum of $1 440 and as such the judgement debt remains unsatisfied,” Mpofu’s papers read in part.
Mpofu who claimed she was unable to cope with the financial demands associated with looking after the child in light of the economic conditions, also made another application for an upward variation of the maintenance order.
She said she was forced to take the legal route because Gumbo had not been supportive in any way in the financial affairs regarding their son.
“He has constantly ducked and evaded me when it comes to honouring his financial obligations towards our son. I have been labouring on my own and the economic situation in the country exacerbates the situation at home.
“I believe I have established a good case for a variation of the order of maintenance. It is increasingly becoming difficult to support the child on my own. All I request is that the court increases the money to be paid towards maintenance to the sum of $1 500.
“Further, I would request the court to impress upon respondent to make timeous payments as any delays greatly prejudice me.”
Mpofu said she was aware that her ex-lover’s employer was in a position to pay her the money owed to her as it was indebted to Gumbo by way of a monthly salary.
“I am aware that the respondent is employed by TelOne Football Club. I can confirm that the second respondent carries business within the jurisdiction of the Honourable Court and is indebted to the first respondent by way of a monthly salary.
“It is against this background that the applicant seeks garnishee order against the second respondent to recover the sum owed to it by the first respondent.
“Having regard to the first respondent’s salary and wage, it is just equitable for this Honourable Court to grant an order directing second respondent to deduct the sum of $1 500 per month from the first respondent’s salary and to pay the same towards settling the judgement debt, plus legal costs — together with interest.”
She said a deduction in the said sum of $1 500 from his salary would leave Gumbo with sufficient income to maintain himself and his dependants and would at the same time ensure that the debt due to her was paid off in full within a reasonable period of time.
“Further, in light of the application for upward variation of the maintenance order — this will also ensure that the first respondent does not default on these monthly payments.
“I therefore seek an order compelling the second respondent to deduct the sum of $1 500 from the first respondent’s salary to pay same to applicant, with such order remaining in effect for the monthly payments and until the sum of $1 440 plus legal costs is fully paid,” argued Mpofu.
The matter which was supposed to be held on Thursday last week was postponed to 4 March by consent of both parties who are seemingly opting for an out of court settlement.
Online Reporter