Online Reporter
Tendai Gukutikwa
Weekender Reporter
A DURBAN-BASED man has taken his late girlfriend’s family to Chief Mutasa’s community court demanding US$11 000 in compensation, claiming he spent years raising and educating his biological son only for the child to be reclaimed by maternal relatives.
Tonderai Nyambudzi told the traditional court that he had invested heavily in the child’s upbringing and education, believing he was securing a future for his son, before the Machekanzombe family allegedly took the child back under customary claims.
Nyambudzi said the dispute dates back several years when his girlfriend fell pregnant while he was preparing to formalise their relationship through customary marriage.
“While I was paying bride price, a spirit manifested through one of her relatives and declared that she was not supposed to get married. I was told I could only take my child after she had given birth, so I left her at her family’s home during the pregnancy,” he said.
Nyambudzi said tragedy struck when the woman later died, leaving the child under the care of her relatives.
He said when he later sought to take custody of his child, the family imposed another condition, requiring him to pay chiredzwa before the child could be released to him.
Nyambudzi complied and paid R15 000, which was equivalent to about US$800 at the time. The child was then in Grade Four.
After gaining custody, Nyambudzi assumed full responsibility for the boy’s education, upkeep and general welfare.
“I sacrificed a lot for this child. While some of my friends were buying expensive vehicles and enjoying their earnings, I was focusing on paying school fees and meeting all his needs. I believed I was investing in my son’s future,” he said.
However, he claimed that years later the Machekanzombe family reclaimed the child, arguing that the boy belonged to a spirit linked to their family and not to him.
Nyambudzi said the relatives claimed a member of the Machekanzombe family had once killed someone and that the deceased person’s spirit had subsequently been symbolically married to the child’s mother. As a result, they allegedly argued that the child belonged to that spirit’s lineage, a development which left him devastated.
“I am deeply hurt because I spent years supporting this child. I invested my money, my time and my efforts in his education and welfare, only for the family to take him away. Had I known, I would not have committed so much financially,” said Nyambudzi.
He acknowledged that the family had refunded the US$800 he paid as maredzwa, but said the amount fell far short of what he had spent over the years.
“I am now seeking US$11 000 as compensation for raising and educating the child,” he said.
However, a representative of the Machekanzombe family, Mr Danai Machekanzombe, disputed Nyambudzi’s claims and insisted that the matter had already been dealt with by the same court earlier this year.
He said Nyambudzi appeared before Chief Mutasa in February, and indicated that he was no longer interested in retaining custody of the child.
“His position before this court was clear. He said he no longer wanted the child and that what he wanted was a refund of the money he had paid as maredzwa. We sourced the money and refunded him in March.
“We are therefore surprised that he has returned demanding US$11 000,” said Machekanzombe.
Machekanzombe said the family took the child back and they felt a responsibility to care for him.
The family rejected the compensation claim, arguing that Nyambudzi had voluntarily relinquished any claim to the child, and had only requested reimbursement of the maredzwa payment.
After hearing both sides, Chief Mutasa said the financial claim would require proper verification and assessment before any decision could be made.
The traditional leader advised Nyambudzi to pursue the matter through the Small Claims Court, where evidence relating to the alleged expenditure could be examined and independently evaluated. Chief Mutasa further suggested that, depending on the outcome of such proceedings, the child, as the beneficiary of the education and support, could potentially assist in settling any amount that might be deemed payable.
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Nyambudzi also sought reimbursement for travel expenses incurred while commuting between Durban and Zimbabwe in an effort to resolve the dispute.
He further demanded that members of the Machekanzombe family face criminal charges, alleging that they had misled him throughout the matter.
In addition, he complained that the child continued using his surname despite being returned to the maternal family.
Chief Mutasa ruled that allegations of criminal conduct fell outside the jurisdiction of the traditional court and advised Nyambudzi to refer those complaints to the relevant law enforcement authorities.
