Ex-magistrate dressed down

IT never rains but pours for former Bulawayo regional magistrate Sikhumbuzo Nyathi who after being dressed down in court by his wife's former husband after he brazenly told him that his adulterous behaviour caused the breakdown of his marriage was later detained in the holding cells for disrespectful behaviour.

This was after Nyathi appeared before Bulawayo magistrate Makelo Ncube on behalf of his wife Nomusa Nyathi to oppose Nathan's application for a discharge of the maintenance order.

In his application Nathan said he shares two children with his former wife Nomusa.

He stated that he was paying US$100 per child for their upkeep adding that their younger child who was staying with Nomusa and Sikhumbuzo ended up deserting them to stay with him after they allegedly abused him.

He also said their older child is now 24 years old and therefore could fend for herself.

Nathan, who was apparently surprised to see Sikhumbuzo in court, as he was aware that he was the one who caused his marriage to break down said: "Due to his adulterous behaviour Sikhumbuzo is the cause of divorce with my wife (Nomusa). I am perplexed to see him here."

Nathan did not stop at that when he went on to say: "He abused my son and he ended up deserting them to stay with me and the case is before the courts."

"I expect the woman (Nomusa) I was sleeping with for more than 20 years to be here in court, not Sikhumbuzo. Sikhumbuzo has vested interest in this case."

To which Sikhumbuzo interjected and said: "I take strong objection to inadmissible evidence to find its way into the record. At law there is nothing called vested interest but there is conflict of interest.

"In addition to that I'm appearing on behalf of Nomusa because she is a vulnerable person. I suggest that this  case be dealt with at the  Victim Friendly facility so that they cannot be in the same room."
Nathan responded and apologised to the magistrate: "Your worship, I'm sorry I stand to be corrected because I'm not well versed with the law."

The magistrate struggled to maintain order in the courtroom, and ultimately decided to detain the two parties in the holding cells for their disrespectful behaviour.

In his judgement the magistrate ruled that Sikhumbuzo had no standing before the court for the maintenance case.

The court ordered Nomusa to avail herself on 25 October and ordered the clerk of court to summon her to appear in court.

The matter was postponed to 1 November.