Dendera musician Sulumani Chimbetu who is being charged under the Maintenance Act has given notice that he intends to challenge the validity of the Act at the Constitutional Court. This comes a few days after Edmore Nyazamba of the Prosecutor-General’s Office, who is in arrears of $250, successfully applied for referral of his case to the Constitutional Court. Nyazamba has arrears of $250 and is challenging Section 23 (1) of the Maintenance Act.
Sulumani, on the other hand, has arrears of $800 for the upkeep of his two children. Appearing before magistrate Ms Annia Ndiraya, Sulumani denied defaulting and was remanded to the 8th of June for trial.
Chimbetu is arguing that Section 23 (1) of the Maintenance Act is vague and defective. The section reads:
Subject to subsection (1) any person against whom an order to which this section applies has been made who fails to make any particular payment in terms of the order, shall be guilty of an offence and liable to imprisonment for a period not exceeding one year
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