Online Reporter
Lynnet Khaka
The Harare Civil Court has ordered a Harare man Mr Tawana Siyamusumbuka to pay US$90 maintenance for his three children and foot half of all their school-related costs.
Magistrate Hannah Fazilamed made the ruling after hearing conflicting testimonies from Mr Siyamusumbuka and his ex-wife Ms Tracy Ndemwere, who had taken him to court.
Ms Ndemwere had initially sought $735 in monthly maintenance for their three children, aged 14, 9 and 4.
She argued that the family owned a residential stand they bought together but her ex-husband was now blocking her from generating income by refusing to allow her to put tenants on the property, which he claims was his alone.
In his argument, Mr Siyamusumbuka said he was facing financial hardships.
“I don’t go to work. I can only afford to give her $60 for maintenance,” Mr Siyamusumbuka told the court.
He said he surviving on part-time jobs, earning between $90 and $100 on a good month and claimed that “things are tight,” making him unable to pay school fees.
The maintenance dispute also extended to the circumstances of their separation. Mr Siyamusumbuka claimed he never chased his wife away and had offered her the use of two rooms in the house with the children.
He alleged that she left voluntarily, telling him “not to look for her” because she had “someone who will take care of her.”
He further claimed she asserted that her brother was the one who built the house and was claiming control over it.
Ms Ndemwere denied the allegations saying she left the marriage due to persistent verbal abuse, after her husband falsely accused her of being unfaithful.
She also contested his claims of being a willing provider, revealing that even during their time together, the family had to rent out a room to pay one child’s school fees because he “refused to work,” even when she found a job for him.
“I used to take care of the household by selling chips,” Ms Ndemwere told the court, adding, “I never mentioned anything about a relationship.”
After weighing the evidence, Magistrate Fazilamed ordered Mr Siyamusumbuka to pay US$90 monthly for the upkeep of his three children. Furthermore, he was directed to pay 50 percent of all school fees and school-related requirements.
