News / National
Tsvangirai has not yet divorced Locardia
06 Nov 2012 at 19:52hrs | Views
PRIME Minister Morgan Tsvangirai is still customarily married to Ms Locardia Kari­matsenga and the out-of-court settlement struck by the couple was restricted to mainte­nance issues.
Prominent lawyer Mr Jonathan Samukange, who is acting for Ms Karimat­senga, yesterday said the settlement reached by the parties last month was simply a once-off maintenance payment.
Divorce, if need be, would be separate proceedings.
Mr Samukange said there was confusion on Ms Karimatsenga's marital status that needs to be clarified.
"My client is still married to (Mr) Tsvangi­rai. We have only agreed on maintenance issues. We got a good figure that we are not at liberty to disclose.
"(Mr) Tsvangirai has not paid gupuro and the marriage was never terminated. As we speak, Locardia is still Tsvangirai's wife. To prove that Tsvangirai is still married to my client, the agreement compels him to person­ally go to his in-laws with three oxen," he said.
Part of the agreement reached by the par­ties read: "The first party (PM Tsvangirai) shall pay to the second party (Ms Karimat­senga) a lump sum payment. The second party acknowledges receipt of such payment.
"In addition, the first party shall further deliver three oxen to the second party's par­ents in fulfilment of cultural requirements.
"The litigation between the parties (in whatever court commenced or pending) shall be withdrawn.
"The parties agree that this agreement is a full and final settlement and no obligation shall be due from one party to the other nei­ther shall any rights accrue in favour of any one of the parties arising from the relation­ship which existed between them and whose termination they acknowledge."
Mr Samukange and PM Tsvangirai's lawyer, Mr Innocent Chagonda, appended their sig­natures as witnesses to the agreement.
Ms Karimatsenga and her lawyer, Mr Samukange, signed the agreement on Octo­ber 31 while PM Tsvangirai and Mr Chagonda signed the following day.
Mr Samukange said he warned PM Tsvan­girai's lawyer against bringing the oxen in the sacred month of November.
"Mr Chagonda informed me that the oxen were ready for delivery, but I warned him against bringing them in November.
"I stopped him because we do not want to con­tinue offending our customs considering that the marriage took place the same time last year.
"They have to wait until December. We do not want to offend our custom," said Mr Samukange.
A Harare magistrate recently found that PM Tsvangirai paid lobola to Ms Karimat­senga's parents after viewing a video record­ing of the event.
PM Tsvangirai was denying ever marrying Ms Karimatsenga until Harare provincial magistrate Mr Munamato Mutevedzi played the recording during an inquiry on whether or not the premier should be allowed to marry Ms Elizabeth Macheka under Chapter 5:11 of the Marriages Act.
The finding showed that the PM was in a polygamous marriage and he was barred from proceeding with the planned civil mar­riage.
Mr Samukange is on record stating that his client was comfortable in a polygamous marriage and that she was actually the senior wife to the PM.
Source - TH