News / National
'I will not accept you presiding over this maintenance case' woman tells magistrate
09 Dec 2013 at 19:16hrs | Views
A BULAWAYO woman barged into the maintenance court on Friday, demanded the presiding magistrate to recuse himself from her case and had to be restrained by officials after she answered her mobile phone in court.
Phrasia Mapfumo was claiming that Bulawayo magistrate Victor Mpofu was unsuitable to preside over her maintenance case in which she was claiming $800 from her estranged husband.
She alleged that Mpofu had earlier been unfair in his ruling over the termination of the couple's customary marriage.
Mapfumo claimed the magistrate had favoured her former husband, Edmore Mutume, who is a commuter omnibus operator.
She went on to tell Mpofu that she had rights and had the approval of the magistrate's bosses to act in that manner.
"I do not want you to preside over this case considering your ruling in my previous case. I am not interested in anything that you will say because I have rights as a citizen to ask for another magistrate.
I do not care if you are aware of my appeal regarding your previous ruling maybe because of the inefficiency of your office but the fact is I will not accept you presiding over this maintenance case," she said.
Mapfumo was lucky to get away without a contempt of court charge as Mpofu warned her against such behaviour. She got her wish as Mpofu was later replaced by Evelyn Mashakure who ordered Mutume to pay $80 for maintenance of their two minor children, not the $800 that Mapfumo was demanding.
"Your worship, I am unemployed and my only source of income was a kombi which broke down a few weeks ago. This woman cannot demand $800 from me because I do not earn even a quarter of it. I can only pay $20 because that is what I can afford," said Mutume.
Mapfumo interjected saying that the kombi belonged to her and she was working on the paperwork to make that official.
"You know this kombi in question is not even his. I bought it with my own money and he is lying that it is broken down. I have seen him on several occasions in town and he has never bothered to give me any of the proceeds," said Mapfumo.
Magistrate Mashakure ordered the couple to provide tangible evidence to prove if the kombi was functional or not.
"By order of the court, Mutume is to pay $80 monthly for the maintenance for two minor children," she said.
Phrasia Mapfumo was claiming that Bulawayo magistrate Victor Mpofu was unsuitable to preside over her maintenance case in which she was claiming $800 from her estranged husband.
She alleged that Mpofu had earlier been unfair in his ruling over the termination of the couple's customary marriage.
Mapfumo claimed the magistrate had favoured her former husband, Edmore Mutume, who is a commuter omnibus operator.
She went on to tell Mpofu that she had rights and had the approval of the magistrate's bosses to act in that manner.
"I do not want you to preside over this case considering your ruling in my previous case. I am not interested in anything that you will say because I have rights as a citizen to ask for another magistrate.
Mapfumo was lucky to get away without a contempt of court charge as Mpofu warned her against such behaviour. She got her wish as Mpofu was later replaced by Evelyn Mashakure who ordered Mutume to pay $80 for maintenance of their two minor children, not the $800 that Mapfumo was demanding.
"Your worship, I am unemployed and my only source of income was a kombi which broke down a few weeks ago. This woman cannot demand $800 from me because I do not earn even a quarter of it. I can only pay $20 because that is what I can afford," said Mutume.
Mapfumo interjected saying that the kombi belonged to her and she was working on the paperwork to make that official.
"You know this kombi in question is not even his. I bought it with my own money and he is lying that it is broken down. I have seen him on several occasions in town and he has never bothered to give me any of the proceeds," said Mapfumo.
Magistrate Mashakure ordered the couple to provide tangible evidence to prove if the kombi was functional or not.
"By order of the court, Mutume is to pay $80 monthly for the maintenance for two minor children," she said.
Source - Chronicle
