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Sukulwenkosi Dube-Matutu, Gwanda Correspondent
A 55-YEAR-OLD man from Bulawayo who was arrested over maintenance arrears of about $8 000 has been slapped with a six months suspended jail term on condition that he clears the arrears.
Stanley Nkala of Shambroke Farm near Bulawayo’s Queens Park suburb was in 2010 ordered to pay $110 in maintenance fees for the upkeep of his three minor children. He defaulted from July 2012.
Nkala pleaded not guilty to charges of failing to comply with a maintenance order when he appeared before Gwanda magistrate, Miss Nomagugu Ncube but was convicted due to overwhelming evidence.
Miss Ncube sentenced Nkala to six months imprisonment which was wholly suspended on condition that he pays the money.
She ordered him to pay $100 per month with effect from yesterday until the arrears have been cleared.
“In passing my sentence I considered that you are a first offender and an elderly person. You are also a family man and have minor children who are dependent on you as a sole breadwinner. You have also shown remorse over your actions and are willing to clear the arrears,” he said.
“I have also considered the circumstances which led you to stop paying the maintenance fee. However, you committed a serious offence as you were given a court order that you were supposed to abide by. A custodial sentence will be harsh on you but at the same time a fine isn’t suitable either. I will give you a suspended sentence that will give you an opportunity to clear the arrears.”
In his defence, Nkala said he stopped paying maintenance in 2012 after making an arrangement with his ex-wife that she would run their family business and use the proceeds for the upkeep of their children.
Representing Nkala, Ms Bridget Mushaninga said her client’s ex-wife had assumed control of the family business as per their agreement.
She said her client did not deliberately disobey the court order.
“The complainant is just bitter because after she separated with my client her mother-in- law made a court application to evict her from her homestead as she was misbehaving. The complainant then filed a report against my client out of revenge. The fact that the complainant only reported the matter after so many years raises queries,’’ said Ms Mushaninga.
Prosecuting, Mr Moses Gondongwe said Nkala was ordered to pay a $110 maintenance fee to his ex-wife, Ms Catherine Nkala, of Gwakwe area in Gwanda and was in arrears of about $8 000.
He defaulted paying maintenance from June 2012 to June 2018.
In her statement in court, Ms Nkala said she had chosen not to report her husband for maintenance arrears over the years as she still loved him and hoped that they could resolve their differences. — @DubeMatutu
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