Online Reporter
Spiwe Sarakunze
Herald Reporter
A WOMAN from Harar, Madeline Zviba, has won a protection order against her ex-husband, Lust Machika, who has been holding on to their child’s birth certificate to avoid paying maintenance.
She alleged that Machika has been harassing, assaulting, and intimidating her whenever she asked for the document.
Zviba said her failure to get the child’s birth certificate was frustrating her efforts to seek financial support for their child’s welfare.
According to Zviba, the issue started soon after their separation when she discovered that she could not claim maintenance without the birth certificate, which was in Machika’s possession.
“He told me clearly that as long as the certificate is with him, I will never be able to take him to court for maintenance. I am suffering, and our child is suffering because of his actions,” she said.
“I have been struggling to take care of our child on my own. I approached Lust several times to ask for the birth certificate, but he refused to give it to me. Instead, he harasses and assaults me whenever I raise the issue.”
Zviba said the ongoing harassment has left her living in fear, as Machika has become increasingly aggressive.
“I don’t care about anything else but my child’s well-being. I just want him to take responsibility as a father,” she said.
“This fight is not about me or him; it’s about our child having a better future. My child almost missed enrolling for the new term because I couldn’t present the birth certificate.
“It is unfair that our innocent child has to suffer because of his issues with me.”
Zviba said she was baffled by Machika’s actions since he is now married.
Machika admitted to holding on to the document but denied assaulting or harassing his ex-wife.
He claimed that he withheld the birth certificate because he did not trust Zviba with it, arguing that she might misuse it for other purposes.
“I am the father of the child, and I have the right to keep the certificate. I have never assaulted her, but I will not hand over the document until I am certain it will be used properly,” Machika told the court.
He claimed that Zviba wanted to use the maintenance court to fix him and to milk him of his money.
Machika told the court that he takes care of his child; therefore, there was no need for her to fabricate lies against him.
Magistrate Ashton Dube, who presided over the matter, questioned Machika on why he was blocking Zviba from accessing the legal process of securing maintenance, stressing that his actions violated the child’s rights.
He said that a birth certificate is a vital document, and by withholding it, he is not only frustrating the mother but also disturbing the child’s future.
The court emphasised that both parents have a legal and moral duty to provide for their child, regardless of personal differences or marital issues.
Machika was ordered not to disturb Zviba in any way.
