Deputy Mayor in bitter maintenance wrangle again, faces arrest

BULAWAYO Deputy Mayor Gift Banda, popularly known as Mr Gee, might face arrest this week for allegedly defaulting on paying maintenance for a five-year-old child, whom he fathered out of wedlock, in a love affair, which was exposed by this publication in 2009.

Banda, who is also a prominent businessman in the city, is reportedly in arrears amounting to $2 400, dating back to last year and is accused of failing to provide for his daughter he sired with Kholiwe Sitshoni.

According to a consent order issued by the Maintenance Court of Zimbabwe in Bulawayo in January this year, case number S21/09, Banda consented to pay $150 per month as maintenance for the child.

Also in the document, he agreed to pay the child's school fees until she finished her education, transport and medical expenses, as and when necessary.

In the consent order, where he acknowledged being in arrears amounting to $900, Banda was advised to clear the arrears within six months from the date of issue of the document, which he has reportedly failed to do.

Sitshoni has since approached the Maintenance Court, applied for a nullification of the order, stating that he had not paid anything since January.

According to a letter issued by Bulawayo Provincial Magistrate Courts dated 1 September, Banda has been ordered to rectify the problem in seven days or face arrest.

"You are reminded that failure to comply with your obligation towards maintenance, may lead to criminal proceedings against you without further notice. For any clarification, report to our offices in Room 17 Tredgold building immediately to avoid any convenience. Failure to comply with the court order within seven days, a warrant of apprehension (will be) issued against you," read part of the letter.

The seven working days expire on Wednesday.

An affidavit signed by Sitshoni accompanying the letter show that Banda has failed to settle around $2 400, which is for school fees and medical expenses for the child.

The breakdown is as follows:

1 $900 being maintenance in terms of school fees for Term 1, 2 and 3 of 2014 for . . . (Daughter of Gift Banda).
2 $300 expenses incurred when . . . Was not feeling well within the last two months.
3 $300 maintenance for July and August 2014 for . . .
4 $900 maintenance arrears for 2013 that he agreed to pay before the honourable court of law.

In an interview, Sitshoni said Banda was inconsistent in making payments ever since the child was born.

"He has never been consistent since the child was born. It has been a roller coaster ride from the onset. He has subjected my daughter to second-class treatment. Now he wants her to attend a third grade school, because he claims he can't afford to take her to the schools where her sisters and brothers attend. They are/have been to Falcon College, Masiyephambili and Dominican Convent," said Sitshoni.

She stated that she was bitter because Banda wasn't taking care of their daughter.

"He is a property owner in both South Africa and Zimbabwe. He owns a fleet of cars and just one of his shirts can pay for my daughter's fees, a single pair of his shoes can pay fees for a whole year," she said.

Sitshoni also took a swipe at Banda, saying if he was not capable of caring for his daughter then he wasn't fit to be a city father.

"I don't understand why I should remind him of his daughter in and out of court. He brags about being the deputy mayor but can't take care of his own, what more the entire city?

"He took my virginity and now he doesn't want to man up. That's the reason why there will never be a leader from MDC-T because they are not responsible. That's why they always lose. Gift is only a responsible father when it suits him. He was and is disrespectful of my family. How can you break a window and fail to acknowledge responsibility," she said.

Banda, however, said he had been paying maintenance, saying that the child's grandmother has been collecting the money.

"I have been paying; the mother is lying if she told you I haven't been paying. How does she talk about this when she is not the one who collects the money? She doesn't live here so why would she comment about that. I need proof to show that I haven't been paying. If I had received the documents I would have taken them to my lawyers to handle it. I am not happy about this if this is published I will take it to my lawyers.

"It can only become newsworthy if I don't respond to this so-called court order," he said.

When the story broke out in 2009 Banda had initially demanded that the child be taken for paternity tests before he started paying maintenance.

The court, however, ordered that until the tests were done, he pays without fail. He was also told to meet the costs of the paternity tests, which were reportedly never done.