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Thandeka Moyo Court Reporter
JOBLESS men should abstain from sex to avoid having babies that they cannot support, a Bulawayo magistrate said yesterday as he blasted a city man who defaulted paying maintenance citing unemployment.Magistrate Abednico Ndebele told polygamous Zivanai Chitimba, who was held on a contempt of court warrant after he failed to pay $55 maintenance to his enstranged wife since November 2012, that unemployment was not an excuse to neglect one’s child.
Chitimba is in maintenance arrears of up to $375.
“If you’re unemployed, you should stay away from sex and women since you can’t afford to take care of your children. You can’t use your unemployment as an excuse for contempt of court,” Ndebele blasted.
“You can’t take the courts for granted… we should treat such cases with a high level of seriousness.”
Chitimba insisted he was jobless — telling the court he had made arrangements with his wife, Ndanetseyi Nyandoro, who did not understand his situation.
“I’m unemployed and I can’t afford to pay the $55. I told this woman I would pay whenever I got the money, but she went on and reported the matter to the police,” he said.
“There is no way I can raise the money because I am unemployed with a wife and four other children who are in the rural areas.”
Ndebele took Chitimba to task and asked how he was going to clear the $375 maintenance arrears.
Chitimba left the court in stitches when he offered to pay $20 per month.
“I know that I’m guilty, but I can only pay $20 monthly and that way I can clear my arrears since I’m unemployed. Things are tough for me at the moment Your Worship. I’m a peasant farmer who makes about $150 per harvest,” he said.
Ndebele sentenced Chitimba to three months in prison, which were wholly suspended on condition he cleared the maintenance arrears by April 30, 2014.
“There’s no need for you to continue telling this court you’re not employed because it will not change the fact that you will pay $55 maintenance. Also clear the arrears by April 30, failure to that you will face three months imprisonment.
“Failing to pay maintenance is a serious crime,” Ndebele said.
In an affidavit submitted to the maintenance court, Nyandoro claimed Chitimba only bought a few packets of jiggies and oranges monthly for his son, saying that was all he could do.
Online Reporter