News / National
'Smallhouses' wreck Chapfika's marriage
16 Jan 2016 at 16:22hrs | Views
Former Finance deputy minister and Zanu-PF Mutoko South MP David Chapfika's wife of over 32 years, Abina (nee Mutimusakwa), has filed for divorce at the High Court on the basis that the union has irretrievably broken down over "smallhouses", to the extent that there are no reasonable prospects of restoring the same.
Chapfika is also chairperson of the Parliamentary Portfolio Committee on Finance and Economic Development and former chairperson of the National Indigenisation and Economic Empowerment Board.
In her declaration attached to the summons dated December 30, 2015, Abina accused Chapfika of bedding other women to the extent of siring children out of wedlock despite having a registered marriage under the Marriage Act (Chapter 5:11).
Abina further said she had endured emotional, verbal and psychological abuse and harassment at the hands of the former Agriculture deputy minister to such an extent that it had resulted in stress, untold suffering and mental anguish.
"The defendant (Chapfika) has improperly and immorally associated with other women to the extent of having extra-marital relationships, the last known of which resulted in him violating the Marriage Act," Abina said through her lawyers Messrs Muhonde Attorneys.
"The defendant has flatly/arrogantly refused to terminate the said illegal additional marriage to the other woman, justifying the same and, thus, refusing to restore a normal marriage relationship with the plaintiff (Abina).
"The parties have not lived as husband and wife for a period of more than two years, which plaintiff finds incompatible with the continuation of a normal relationship."
Abina added: "The defendant has treated with and/or subjected the plaintiff to emotional, verbal and psychological abuse and harassment resulting in stress, untold suffering and mental anguish, all of which the plaintiff finds incompatible with the continuation of a normal relationship."
She further stated in the event of the court granting her a decree of divorce, it would be just and equitable that Chapfika should be ordered to pay her $2 000 maintenance per month and be allowed custody of the couple's one minor child.
She also urged the court to order that she be awarded 50% shares in the couple's firm called Racewin Trading, also known as Hurudza Farm in Shamva, a lifetime use of the 200 hectares of the farm which she personally developed.
Abina also wanted an order of the division and sharing of the matrimonial household property, farm equipment and property and maintenance of the minor child.
Just a month ago, Chapfika was given a 30-day ultimatum by the High Court to pay back a $336 000 loan to CABS Bank, which he acquired using his late brother's estate as security without the knowledge of the estate beneficiaries.
The legislator, who has been accused of abusing his position, had been appointed executor dative in the estate of his brother, the late Netsai Robson Chapfika, who passed on in South Africa sometime in January 2012.
The MP misrepresented to his brother's wife, Theresa Chapfika, and fraudulently acquired a $280 000 loan from CABS while using the estate's property as collateral.
The MP's shenanigans came to light when Theresa was put under pressure by creditors and forced to dispose of some of her assets, which included motor vehicles and furniture in a bid to clear the debts only to discover later that there was another huge debt at CABS.
After making thorough investigations, Theresa discovered Chapfika had gone behind her back and acquired the huge loan, which apparently he was failing to service.
Theresa's discoveries prompted her to approach the High Court seeking to have the legislator removed from being the estate's executor dative and the matter was heard before Justice Joseph Musakwa, who ruled in her favour.
Chapfika is also chairperson of the Parliamentary Portfolio Committee on Finance and Economic Development and former chairperson of the National Indigenisation and Economic Empowerment Board.
In her declaration attached to the summons dated December 30, 2015, Abina accused Chapfika of bedding other women to the extent of siring children out of wedlock despite having a registered marriage under the Marriage Act (Chapter 5:11).
Abina further said she had endured emotional, verbal and psychological abuse and harassment at the hands of the former Agriculture deputy minister to such an extent that it had resulted in stress, untold suffering and mental anguish.
"The defendant (Chapfika) has improperly and immorally associated with other women to the extent of having extra-marital relationships, the last known of which resulted in him violating the Marriage Act," Abina said through her lawyers Messrs Muhonde Attorneys.
"The defendant has flatly/arrogantly refused to terminate the said illegal additional marriage to the other woman, justifying the same and, thus, refusing to restore a normal marriage relationship with the plaintiff (Abina).
"The parties have not lived as husband and wife for a period of more than two years, which plaintiff finds incompatible with the continuation of a normal relationship."
Abina added: "The defendant has treated with and/or subjected the plaintiff to emotional, verbal and psychological abuse and harassment resulting in stress, untold suffering and mental anguish, all of which the plaintiff finds incompatible with the continuation of a normal relationship."
She further stated in the event of the court granting her a decree of divorce, it would be just and equitable that Chapfika should be ordered to pay her $2 000 maintenance per month and be allowed custody of the couple's one minor child.
She also urged the court to order that she be awarded 50% shares in the couple's firm called Racewin Trading, also known as Hurudza Farm in Shamva, a lifetime use of the 200 hectares of the farm which she personally developed.
Abina also wanted an order of the division and sharing of the matrimonial household property, farm equipment and property and maintenance of the minor child.
Just a month ago, Chapfika was given a 30-day ultimatum by the High Court to pay back a $336 000 loan to CABS Bank, which he acquired using his late brother's estate as security without the knowledge of the estate beneficiaries.
The legislator, who has been accused of abusing his position, had been appointed executor dative in the estate of his brother, the late Netsai Robson Chapfika, who passed on in South Africa sometime in January 2012.
The MP misrepresented to his brother's wife, Theresa Chapfika, and fraudulently acquired a $280 000 loan from CABS while using the estate's property as collateral.
The MP's shenanigans came to light when Theresa was put under pressure by creditors and forced to dispose of some of her assets, which included motor vehicles and furniture in a bid to clear the debts only to discover later that there was another huge debt at CABS.
After making thorough investigations, Theresa discovered Chapfika had gone behind her back and acquired the huge loan, which apparently he was failing to service.
Theresa's discoveries prompted her to approach the High Court seeking to have the legislator removed from being the estate's executor dative and the matter was heard before Justice Joseph Musakwa, who ruled in her favour.
Source - newsday