Entertainment / Celebrity
Victory for Alick Macheso
20 Nov 2014 at 13:26hrs | Views
Finally ace sungura musician Alick Macheso's legal counsel, Norman Mugiya, left Harare civil court in high spirits yesterday after his client's maintenance payment to Tafadzwa Mapako was slashed to $450 monthly by a Harare Magistrate from $750.
In passing ruling presiding magistrate Tafadzwa Muvhami said Macheso's application had merit as the music industry had been greatly affected by piracy and also putting into consideration that some of his members had left also citing that both parties had the responsibility of fending for the needs of their two minor children.
Magistrate Mr Tafadzwa Muvhami said both parents had the same rights of taking care of their children.
He said Mapako should also play her part towards the upkeep of the two children, not to just to leave the burden on Macheso.
"The applicant's prayer for a downward variation is hereby granted and the applicant shall now contribute 60 percent of the initial order.
"The court hereby orders Alick to pay US$450 per month towards the upkeep of his two children starting from November 30 but the other terms of the previous order should stand," said Mr Muvhami.
He said he agreed with Macheso's lawyer, Norman Mugiya's statement that the music industry is an industry of luck and fortune saying it was also impossible for an artiste to keep his/her records of how many people attend his shows.
"Although Alick failed produce any document to prove that his business was deteriorating, the court accepted his version considering his line of business," said Mr Muvhami.
Mapako had earlier on challenged her former husband to produce his bank statement in court to prove his diminishing financial purse.
In his application through his lawyer Norman Mugiya, Macheso said he was proposing to pay $300 per month because his financial position had deteriorated in tandem with the state of the economy which was affecting the generality of the public.
"I am not exception to that. The music industry is no longer viable as it used to be in the past to the extent that the band is now having very few musical shows per month than before," Macheso said.
"The attendance at those musical shows whenever we have them is pathetic for various reasons which include the fact that the people now have limited disposable incomes."
Macheso said he had been timeously paying the $750 per month since May this year, but of late, his musical business had been greatly affected, especially with the onset of the rainy season.
"However, what has greatly affected me is the fact that musical shows are a frequent failure during the rainy season and last week we had to cancel three shows after rain forbade us," Macheso said.
"This is so on the basis that these shows are held in the open space because we do not have many closed venues for musical shows. The international musical shows are now difficult to arrange because of the stringent visa requirements for traditional lucrative markets like the United Kingdom and South Africa."
The sungura maestro said the UK and South Africa were the only internationally rewarding destinations which used to cover up for home shortcomings.
He further said although he had been appointed as an ambassador for some few local institutions, he was "not being paid on a monthly basis or periodically" for the advertisements since he was paid a lump sum when he accepted the offers.
Macheso said he had also gathered information that Tafadzwa was now gainfully employed and earning about $1 200 per month.
Macheso said he had gathered information that Tafadzwa was mocking him for paying such an amount.
"The respondent (Mapako) also sent a text message to her friend in the UK who then passed it to my wife saying that she will keep getting maintenance for 18 years and will make sure that she clothes herself and make a good living out of it especially with it coming from 'stupid people'."
In passing ruling presiding magistrate Tafadzwa Muvhami said Macheso's application had merit as the music industry had been greatly affected by piracy and also putting into consideration that some of his members had left also citing that both parties had the responsibility of fending for the needs of their two minor children.
Magistrate Mr Tafadzwa Muvhami said both parents had the same rights of taking care of their children.
He said Mapako should also play her part towards the upkeep of the two children, not to just to leave the burden on Macheso.
"The applicant's prayer for a downward variation is hereby granted and the applicant shall now contribute 60 percent of the initial order.
"The court hereby orders Alick to pay US$450 per month towards the upkeep of his two children starting from November 30 but the other terms of the previous order should stand," said Mr Muvhami.
He said he agreed with Macheso's lawyer, Norman Mugiya's statement that the music industry is an industry of luck and fortune saying it was also impossible for an artiste to keep his/her records of how many people attend his shows.
"Although Alick failed produce any document to prove that his business was deteriorating, the court accepted his version considering his line of business," said Mr Muvhami.
Mapako had earlier on challenged her former husband to produce his bank statement in court to prove his diminishing financial purse.
In his application through his lawyer Norman Mugiya, Macheso said he was proposing to pay $300 per month because his financial position had deteriorated in tandem with the state of the economy which was affecting the generality of the public.
"I am not exception to that. The music industry is no longer viable as it used to be in the past to the extent that the band is now having very few musical shows per month than before," Macheso said.
"The attendance at those musical shows whenever we have them is pathetic for various reasons which include the fact that the people now have limited disposable incomes."
Macheso said he had been timeously paying the $750 per month since May this year, but of late, his musical business had been greatly affected, especially with the onset of the rainy season.
"However, what has greatly affected me is the fact that musical shows are a frequent failure during the rainy season and last week we had to cancel three shows after rain forbade us," Macheso said.
"This is so on the basis that these shows are held in the open space because we do not have many closed venues for musical shows. The international musical shows are now difficult to arrange because of the stringent visa requirements for traditional lucrative markets like the United Kingdom and South Africa."
The sungura maestro said the UK and South Africa were the only internationally rewarding destinations which used to cover up for home shortcomings.
He further said although he had been appointed as an ambassador for some few local institutions, he was "not being paid on a monthly basis or periodically" for the advertisements since he was paid a lump sum when he accepted the offers.
Macheso said he had also gathered information that Tafadzwa was now gainfully employed and earning about $1 200 per month.
Macheso said he had gathered information that Tafadzwa was mocking him for paying such an amount.
"The respondent (Mapako) also sent a text message to her friend in the UK who then passed it to my wife saying that she will keep getting maintenance for 18 years and will make sure that she clothes herself and make a good living out of it especially with it coming from 'stupid people'."
Source - Zim Mail