Top Zimbabwean banker loses mansion in divorce battle

Prominent Zimbabwean banker, academic and former Anglican bishop Dr Julius Tawona Makoni has lost ownership of his upscale Chisipite property in Harare following a long-running legal battle with his ex-wife, Pauline Mutsa Makoni.

The mansion, situated at No. 5 Rietfontein Close in one of Harare's most affluent suburbs, was awarded to Pauline by the Supreme Court, overturning an earlier decision by the High Court in Harare which had blocked the enforcement of a divorce order granted by a British court.

The couple, who married under Christian rites on 31 December 1983 in Harare and had two daughters, separated in October 2010 after nearly three decades of marriage. Pauline initiated divorce proceedings in England in June 2011, and a provisional order was granted in December 2013. A final divorce decree and property settlement followed in December 2014 in the High Court of Justice, Family Division, in London.

Despite the English ruling awarding Pauline matrimonial property including the Chisipite mansion and another stand in Chishawasha Hills, Makoni challenged the enforceability of that judgement in Zimbabwe. He argued that the English court's decision contravened Zimbabwean public policy and lacked jurisdiction to deal with local assets.

In March 2023, the High Court in Harare sided with Makoni, dismissing Pauline's application to register and enforce the English divorce order. The court also granted Makoni's earlier application declaring that the distribution of Zimbabwean property by a foreign court was inconsistent with local legal principles.

However, Pauline appealed to the Supreme Court, which reversed the High Court ruling in October 2023. Justices Tendai Uchena and Alphas Chitakunye presided over the case, with Advocate Thabani Mpofu representing Pauline and Advocate Welshman Ncube appearing for Makoni.

The Supreme Court ruled in Pauline's favour, allowing the English divorce order to be recognised and enforced in Zimbabwe. The court ordered Makoni to sign all necessary documents to transfer ownership of the Chisipite house and the Chishawasha Hills stand to Pauline within seven days. If he fails to comply, the Sheriff of the High Court is authorised to execute the transfers on his behalf. Makoni was also ordered to bear all associated transfer costs and legal fees for both applications.

The judgement effectively ends a protracted transnational legal saga that played out over more than a decade in both Zimbabwean and British courts.

Makoni, a former World Bank official and Bankers Trust executive, co-founded NMB Bank in Harare in 1994 and served as its CEO until 2004. He later moved to the UK, where he co-founded the London Trust Bank and became involved in several financial ventures. He also amassed a portfolio of high-end properties in London and served as Anglican Bishop of Manicaland from 2009.

The couple's split became acrimonious after the discovery of Makoni's extramarital affair, which resulted in the birth of a son in 1996. Their legal proceedings were marked by high-profile legal representation and complex arguments over jurisdiction, public policy, and asset division across two continents.

With this ruling, the Zimbabwean Supreme Court has reaffirmed the principle that foreign divorce orders involving matrimonial property can, under certain conditions, be enforced locally—delivering justice for Pauline and concluding one of the most high-profile divorce battles in Zimbabwe's recent legal history.