Online Reporter
Spiwe Sarakunze-Herald Reporter
A HARARE magistrate has granted a protection order in favour of a woman whose ex-husband deliberately withheld their child’s birth certificate to prevent her from filing for maintenance.
Madeline Zviba accused her former husband, Lust Machika, of using the vital document as a tool of control, subjecting her to harassment, assault and intimidation whenever she requested it.
The court heard that Machika’s actions jeopardised the child’s welfare and education.
Zviba explained that after their separation, she sought maintenance to secure contributions for their child’s school fees, medical care and other essential needs.
However, her efforts were blocked because the application process requires the child’s birth certificate, which Machika refused to surrender.
“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,” Zviba told the court. “I am suffering, and our child is suffering because of his actions.”
She described a pattern of aggression from Machika, including unannounced visits and threats of violence. “At times, he comes to my house unannounced, making threats. His plans are to disconnect me from my child,” she said, adding that the situation has left her living in fear.
The consequences extended beyond financial strain. Zviba revealed that her child almost missed enrolling for the new school term because she could not present the birth certificate.
“It is unfair that our innocent child has to suffer because of his issues against me,” she stated.
In his response, Machika admitted to withholding the document but denied allegations of assault or harassment. He claimed he did not trust Zviba with the certificate, fearing she would “misuse it for other purposes.”
“I am the father of the child, and I have the right to keep the certificate,” Machika argued. He insisted that he already provides for the child and accused Zviba of trying to “fix him” and “milk him of money” through the maintenance court.
Magistrate Ashton Dube challenged Machika’s justification, saying his actions were a direct violation of the child’s rights and an obstruction of due legal process.
The magistrate stressed that a birth certificate is a vital document and that both parents share a legal and moral duty to provide for their child, irrespective of personal disputes.
The court granted a protection order barring Machika from harassing, assaulting, or intimidating Zviba.
Regarding the maintenance and custody issues, the magistrate advised Zviba to pursue the matter in the appropriate court to secure the child’s financial support.
dyton mupawaenda