Chivayo seeks to nullify marriage with Sonja

Businessman Wicknell Chivayo has launched an urgent High Court application seeking to have his estranged wife Sonja Madzikanda's divorce case dismissed, arguing that their customary union was already dissolved in 2024 and that ongoing litigation is now disrupting his business interests across borders.

The application forms part of an escalating legal dispute that has extended beyond Zimbabwe into South Africa, where Madzikanda has secured an anti-dissipation order freezing bank accounts and restricting movement of assets allegedly linked to Chivayo, including a private aircraft.

In his court papers, Chivayo argues that the South African order is dependent on the continuation of the Zimbabwean divorce proceedings and should fall away if the matter is struck off.

"The entire anti-dissipation order is predicated on the pendence of HCHF/62/26," he states in his urgent filing. "The clear antidote to this disastrous situation instated by the anti-dissipation order is the definitive resolution of HCHF/62/26."

He further claims that the freezing order has severely affected his business operations, saying it has rendered his companies unable to function normally, meet financial obligations, or pay employees and service providers.

According to the application, Chivayo and Madzikanda were married under customary law, and the union was allegedly terminated in 2024 through the payment and acceptance of gupuro, a traditional divorce token.

Despite this, Madzikanda has pursued legal action seeking formal dissolution of the marriage, recognition of a civil partnership, spousal maintenance, and division of assets.

Chivayo is now seeking dismissal of those claims under Rule 31 of the High Court Rules, arguing that they are frivolous and vexatious.

The dispute has also raised concerns over compliance with financial obligations relating to their children. Chivayo says the South African freezing order places him at risk of defaulting on a consent order governing maintenance payments, potentially exposing him to contempt proceedings.

Legal papers filed in support of urgency state that any disruption to payments could ultimately prejudice the children, who remain under Madzikanda's care following a prior consent order issued in April.

The South African High Court in Pretoria had earlier granted Madzikanda an ex parte anti-dissipation order, which restrains dealings on several bank accounts and prevents movement of a Bombardier Challenger 300 aircraft linked to Chivayo.

Chivayo has challenged the order, arguing that the aircraft is owned by Intratrek Holdings and is used as a functional business asset rather than a personal luxury item.

He further contends that the freezing of company accounts has effectively paralysed business operations, preventing normal trading activities and contractual performance.

At the centre of his legal argument is also the assertion that no valid marriage exists, as the customary union was not registered within the timeframe required under the Marriages Act, and was terminated through traditional processes.

The High Court application remains pending determination as the cross-border dispute continues to unfold, with both parties pursuing parallel legal remedies in Zimbabwe and South Africa.