Mother claims she was forced to sign away baby in shocking divorce deal

A high-stakes custody battle has erupted at the High Court after Kernisha Shiela Hunzwi, former wife of Batsirai Matiza, challenged a divorce ruling that granted the couple shared custody of their 14-month-old child.

Matiza is the son of the late Joel Biggy Matiza.

Hunzwi has filed an urgent chamber application seeking a stay of execution of the custody order, pending a variation of the consent terms contained in their divorce order issued earlier this year.

According to court records, the couple was granted a decree of divorce by consent on February 12 under Case No. HCHF216/26. The order incorporated a consent agreement signed by both parties on January 29, which provides for joint custody, with the infant alternating between parents on a weekly basis.

However, Hunzwi now argues that she signed the agreement under duress and that the arrangement is not in the best interests of the child.

In her application, she told the High Court of Zimbabwe that the child is still breastfeeding and is forced onto artificial milk during the weeks spent with Matiza - something she claims is harmful to the infant's health.

She also raised concerns about the child's care while in the father's custody, alleging that Matiza is often absent and leaves the infant in the care of a maid.

"Realising the risk to the health and life of the infant child was not worth her fear of the respondent, the applicant engaged the respondent, who appeared to be accepting to the variation of the custody terms," Hunzwi stated in her affidavit.

The situation escalated earlier this month when, according to Hunzwi, Matiza indicated he intended to enforce the existing custody arrangement despite an alleged mutual understanding to temporarily suspend it.

Her lawyers argue that this prompted urgent legal action, citing the need to prioritise the welfare of the child.

"When that need to act arose, the applicant acted with urgency and treated the matter as urgent. It is in the best interests of justice that this matter be dealt with on an urgent basis as special circumstances exist," her legal team submitted.

Hunzwi further alleges that she was subjected to intimidation and coercion during the divorce process. She claims she was escorted under guard to Sam Levy Village to sign the consent papers and was restricted from freely participating in the proceedings.

She also alleges that she was denied access to her legal representation and pressured into signing documents, including an affidavit of waiver.

"I was under much pressure that I could not exercise independent judgment," she said, adding that her former husband and his lawyers allegedly controlled access to her electronic court filings.

Hunzwi is now seeking a variation of the custody arrangement, arguing that the weekly alternating schedule is unsuitable for a breastfeeding infant and should be reviewed in line with the child's best interests.

The matter is currently pending before the High Court, with a ruling expected to determine the immediate custody arrangements and set the tone for the ongoing legal battle.