Chivayo child access case sparks legal battle

Businessman Wicknell Chivayo's ex-wife, Sonja Madzikanda, has pushed back against his urgent child access application currently before the High Court, describing it as a "personal agenda disguised as parental concern."

In court papers, Madzikanda argues that Chivayo already enjoys regular and meaningful access to their two minor children, aged 8 and 7, making the application unnecessary.

The dispute follows an urgent High Court application (HCHF/892/26) filed on March 4, 2026, by Chivayo through his lawyers, Mpofu Mazhata Law Chambers. In his filing, Chivayo is seeking structured access to the children, including alternate weeks, weekends, half of all school holidays, birthdays, and major public or Christian holidays on a rotational basis.

He is also requesting daily virtual access from 16:00 hours, as well as "first right of access" on the children's birthdays and significant holidays.

In his founding affidavit, Chivayo stated that he was married to Madzikanda from 2017 until their separation in 2024. He alleges that following the separation, Madzikanda unilaterally restricted his access by denying regular visits, blocking telephonic communication, and preventing him from attending school and social events involving the children.

Chivayo further claims that he has been compelled to meet certain financial demands in order to gain access to the children.

However, in her heads of argument filed on March 18, 2026, through her lawyer Rungano Mahuni of Mahuni Gidiri Law Chambers, Madzikanda dismissed the application as "moot, superfluous, and incompetent."

"We humbly submit that from the Applicant's own version… he has exercised regular and meaningful access including alternate weekends, school holidays, and daily communication," she argued in the court papers.

Madzikanda also contends that the application is an indirect attempt by Chivayo to gain access to house keys rather than a genuine concern for parental rights.

"The essence of the application is not for access to children… It is a disguised application for access to house keys and that cannot be regarded as harm that is not in the interest of children," reads part of her submission.

She further argued that Chivayo's case is built on "falsehoods" and fails to demonstrate any harm or prejudice that would justify court intervention.

"The whole case for the Applicant hinges on falsehoods and a lack of demonstration of harm or prejudice… it is deeply flawed and cannot found a cause of action in these proceedings," the documents state.

Madzikanda and her legal representative were seen entering the High Court on Thursday afternoon ahead of a scheduled hearing before Justice Amy Tsanga.

The matter is expected to continue as the court considers arguments from both parties regarding access arrangements and the best interests of the children.