Chivayo Seeks To Stop Divorce Case As SA Freezes Assets

Wicknell Chivayo has filed an urgent High Court application seeking to have his estranged wife Sonja Madzikanda’s divorce case thrown out.

He argues that their customary marriage ended in 2024 and that the ongoing case is hurting his businesses, after courts in South Africa froze assets linked to him.

This is the latest step in a legal fight that has crossed from Zimbabwe into South Africa. There, Madzikanda got an anti-dissipation order that froze bank accounts and grounded a private jet linked to Chivayo.

Chivayo, who allegedly made his money from government contracts, argues that the South African order only stands if Madzikanda’s divorce case in Zimbabwe goes ahead.

“The entire anti-dissipation order is predicated on the pendence of HCHF/62/26,” Chivayo states in the urgent application.

“The clear antidote to this disastrous situation instated by the anti-dissipation order is the definitive resolution of HCHF/62/26.”

Chivayo argues that their customary marriage ended in 2024 when he paid “gupuro”, the traditional divorce token.

Chivayo says the case is “frivolous and vexatious” under Rule 31 of the High Court Rules and that ongoing litigation has “crippled” his businesses.

A South African anti-dissipation order obtained by Madzikanda has frozen company bank accounts and grounded a Bombardier Challenger 300 jet, registration ZS-ACT, leaving his firms unable to pay salaries, rent or taxes.

He told the court the order was revived on 23 April and now threatens a US$5 million child maintenance deal struck before Justice Amy Tsanga on 2 April. That consent order gave Madzikanda primary residence of the children and required Chivayo to pay US$2.8 million within 30 days.

“The freezing order makes it difficult, if not impossible, for the applicant to pay his monthly financial dues… which leaves him at risk of falling in contempt of court,” the papers state.

His lawyer, Tichawana Nyahuma, added in a certificate of urgency: “If applicant fails to honour those financial obligations, it is the children that suffer.”

In South Africa, Chivayo is challenging the order, saying the jet belongs to Intratrek Holdings and is a “functional business tool”, not a personal luxury. He argues the account freeze has “rendered the affected entities incapable of conducting business.”

He further contends Madzikanda has no valid claim because their customary union was never registered under section 47(3) of the Marriages Act and was lawfully dissolved under Shona custom.

Despite that, Madzikanda filed for divorce in Zimbabwe, seeking dissolution of the marriage or recognition of a civil partnership, spousal maintenance and division of assets.

Justice Tsanga’s consent order had referred the question of “proprietary consequences” to that case, HCHF 62/2026.

Chivayo’s urgent application is yet to be decided.

More: ZimLive