News / National
Zanu-PF MP sued over child upkeep
16 Feb 2018 at 06:07hrs | Views
HURUNGWE West MP Keith Guzah (Zanu-PF) has been taken to court by his former girlfriend, Sandra Elizabeth Siphatisiwe Khumalo, who is seeking to be declared legal guardian and sole custodian of the couple's child, born out of wedlock in 2005.
Khumalo filed an urgent High Court chamber application on Wednesday claiming the politician and businessman was reluctant to look after the child's welfare as well as securing him a South African study visa.
"This is a court application for a declaration order declaring the applicant (Khumalo) to be the legal guardian and sole custodian of the minor child born out of wedlock between the applicant and the respondent (Guzah). This application is made in terms of section 14 of the High Court Act which gives the High Court discretion to determine any existing, future or contingent obligation at the instance of any interested person," Khumalo said in her founding affidavit.
"The respondent and I have a minor child born between us, namely Keosha Elizabeth Luba Khumalo, born on November 7, 2005. The respondent and I were never married, therefore, the minor child was born out of wedlock.
"I confirm that I am the mother to the minor child as reflected on the attached birth certificate and I have attached copies of my birth certificate and national identification card."
Khumalo said from the outset, the former president of the Affirmative Action Group refused to be involved in the life of the child upon being informed of her pregnancy, adding he clearly indicated his unwillingness to be part of the minor child's upbringing.
"The respondent has, therefore, never met the minor child and his name does not appear on the child's birth certificate. Further, the respondent's whereabouts are unknown to me as I have had no contact with him from the time I was pregnant . . . I am currently in the process of trying to enrol the minor child into a school in South Africa and I have made an application for the minor child to obtain a study visa in this regard," she said.
"A query was returned by VFS, an outsourced visa application administration company, stating that there is no court order indication that I am the legal guardian and custodian of the minor child. The above-mentioned query has necessitated this application for a declaratory order because it has become necessary for the position of the law with regard to children born out of wedlock in Zimbabwe to be confirmed in the form of a court order."
The matter is yet to be set down for hearing.
Khumalo filed an urgent High Court chamber application on Wednesday claiming the politician and businessman was reluctant to look after the child's welfare as well as securing him a South African study visa.
"This is a court application for a declaration order declaring the applicant (Khumalo) to be the legal guardian and sole custodian of the minor child born out of wedlock between the applicant and the respondent (Guzah). This application is made in terms of section 14 of the High Court Act which gives the High Court discretion to determine any existing, future or contingent obligation at the instance of any interested person," Khumalo said in her founding affidavit.
"The respondent and I have a minor child born between us, namely Keosha Elizabeth Luba Khumalo, born on November 7, 2005. The respondent and I were never married, therefore, the minor child was born out of wedlock.
Khumalo said from the outset, the former president of the Affirmative Action Group refused to be involved in the life of the child upon being informed of her pregnancy, adding he clearly indicated his unwillingness to be part of the minor child's upbringing.
"The respondent has, therefore, never met the minor child and his name does not appear on the child's birth certificate. Further, the respondent's whereabouts are unknown to me as I have had no contact with him from the time I was pregnant . . . I am currently in the process of trying to enrol the minor child into a school in South Africa and I have made an application for the minor child to obtain a study visa in this regard," she said.
"A query was returned by VFS, an outsourced visa application administration company, stating that there is no court order indication that I am the legal guardian and custodian of the minor child. The above-mentioned query has necessitated this application for a declaratory order because it has become necessary for the position of the law with regard to children born out of wedlock in Zimbabwe to be confirmed in the form of a court order."
The matter is yet to be set down for hearing.
Source - newsday
