Magistrates court dismisses Sulu’s application to have maintenance case referred to ConCourt

Harare magistrate Ms Annia Ndiraya yesterday dismissed an application by Sulumani Chimbetu to have his maintenance case referred to the Constitutional Court after his ex-wife, Marygold Mutemasango took him to court for failing to pay $800 for the upkeep of their two children.

Through his lawyer Mr Conwell Mutevhe from Muvingi Mugadza Legal Practitioners, Chimbetu challenged the validity of subsection (3) of Section 23 (1) of the Maintenance Act stating that it was in violation of Section 72 of the new Constitution. He also argued that Section 23 (4) of the Maintenance Act was in violation of Section 70 (1) (a) of the Constitution.

However, after hearing the arguments, magistrate Ndiraya, ruled in favour of the State and dismissed Chimbetu’s application for lack of merit and  scheduled the matter to today for trial commencement. Chimbetu paid the $800 to Ms Mutemasango before he left the court premises.

More: Herald

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