Sonja accused Chivayo of abusing the justice system

A custody dispute involving businessman Wicknell Chivayo and his estranged wife Sonja Louise Madzikanda has escalated in the High Court, with Madzikanda filing an opposition accusing him of abusing court processes and misrepresenting access to their children.

In papers filed before the High Court, Madzikanda opposed Chivayo's urgent application seeking formalised access to their two minor children, arguing that the matter lacks urgency and is based on "falsehoods."

"This application… lacks urgency," she said, adding that Chivayo only approached the courts nearly two years after their separation in 2024, despite alleging ongoing denial of access.

Madzikanda further argued that Chivayo already enjoys regular contact with the children, including alternate weekends, school holidays and daily communication.

"The applicant seeks to be granted a right which he already enjoys," she said, describing the application as "moot and an abuse of court process."

Chivayo had claimed he was being denied access unless he met what he described as "extortionate" financial demands. However, Madzikanda rejected the allegation, insisting that no such conditions had been imposed.

She said the custody issue had been unfairly entangled with ongoing divorce proceedings, noting that legal disputes over matrimonial property should not be conflated with parental access rights.

"It is highly regrettable that the applicant conflates the matrimonial dispute… with the issue of contact with the children," she said.

Madzikanda further told the court that multiple settlement discussions had taken place between legal representatives, but accused Chivayo of frustrating progress through what she described as controlling behaviour.

"The applicant's hubris and tyranny" had derailed attempts at settlement, she alleged, adding that she had previously withdrawn divorce proceedings in an effort to resolve matters amicably before later reinstating them.

She also challenged Chivayo's claims of being systematically denied access, pointing to contradictions in his own filings, which acknowledge that he has had regular contact with the children.

"The contradiction… renders the allegation of systematic and unilateral denial a falsehood," she argued.

On the specific instance cited by Chivayo — February 28, 2026 — Madzikanda said the children were on a medical trip to South Africa arranged by him, and denied that access had been blocked.

"It is absurd that I granted his security personnel access and would then… deny him access," she said.

Madzikanda further accused Chivayo of attempting to control the terms of the divorce and pressuring her to abandon legal representation.

She warned that the arrangements being sought could disrupt the children's stability and daily routine, arguing that their best interests must remain paramount.

"What is proposed would be detrimental to the children's routine, stability and structure," she said.

She is now asking the court to dismiss the urgent application with costs, calling it "an abuse of the process of this Honourable Court."

The matter was heard in chambers before High Court judge Justice Amy Tsanga, with judgment still pending.