News / National
Zanu-PF minister contests maintenance order
18 Jun 2014 at 06:27hrs | Views
Finance and Economic Development Deputy Minister Dr Samuel Undenge has refused to pay maintenance for the upkeep of his 18-year-old daughter Bongai, saying the court erred in granting her wishes.
Undenge was last week ordered to pay $350 per month for the upkeep of Bongai by Harare magistrate Ms Babra Masinire.
But he filed an appeal at the High Court yesterday, challenging the judgment.
In his application, Undenge stated that Ms Masinire misdirected herself in awarding his daughter an order for maintenance when the Maintenance Act did not provide for applications by children above 18 years.
"The learned magistrate erred and misdirected herself in giving an order that does not have a time frame," he said. "To say until the beneficiary becomes self supportive does not mean anything as the beneficiary can become self supportive after 40 years or not at all.
"The order is clearly void and for vagueness is difficult to comply with."
Undenge said he was paying US$800 per month and school fees for the three children.
Bongai's maintenance had been suspended in May after she attained the age of majority, but her mother brought a fresh application which was successful.
"The learned magistrate erred and misdirected herself in failing to take into consideration the fact that 'A' Level falls out of the scope of mandatory level of education which is Ordinary Level," said Undenge.
"The respondent, therefore, does not qualify to any further maintenance beyond the age of 18 years.
"Should the honourable court uphold the decision by the learned magistrate, then the appellant will pray for an order reducing the maintenance order to $100 per month with effect from June 30 2014."
The maintenance for Bongai had been suspended in May after she attained the age of majority, but her mother brought a fresh application which was succcesful.
Undenge was last week ordered to pay $350 per month for the upkeep of Bongai by Harare magistrate Ms Babra Masinire.
But he filed an appeal at the High Court yesterday, challenging the judgment.
In his application, Undenge stated that Ms Masinire misdirected herself in awarding his daughter an order for maintenance when the Maintenance Act did not provide for applications by children above 18 years.
"The learned magistrate erred and misdirected herself in giving an order that does not have a time frame," he said. "To say until the beneficiary becomes self supportive does not mean anything as the beneficiary can become self supportive after 40 years or not at all.
"The order is clearly void and for vagueness is difficult to comply with."
Bongai's maintenance had been suspended in May after she attained the age of majority, but her mother brought a fresh application which was successful.
"The learned magistrate erred and misdirected herself in failing to take into consideration the fact that 'A' Level falls out of the scope of mandatory level of education which is Ordinary Level," said Undenge.
"The respondent, therefore, does not qualify to any further maintenance beyond the age of 18 years.
"Should the honourable court uphold the decision by the learned magistrate, then the appellant will pray for an order reducing the maintenance order to $100 per month with effect from June 30 2014."
The maintenance for Bongai had been suspended in May after she attained the age of majority, but her mother brought a fresh application which was succcesful.
Source - The Herald
