MARTIN MAWAYA
A Gweru businessman, Morton Mabandla, has been dragged to court for defaulting on $9,300 in maintenance payments to his estranged wife of 48 years.
Mabandla (70) appeared before Gweru Magistrate Arnold Maburo for contempt of court.
His estranged wife, Stella Mabandla, is the complainant, and the magistrate has reserved judgment until November 7 after hearing submissions from the state counsel and his defense lawyers of Jumo Mashoko and Partners.
According to the state’s case, on June 30, 2024, the Gweru civil court ordered Mabandla to pay US$10,000 in monthly maintenance payments to his estranged wife.
However, the court heard that Mabandla failed to comply with the court order and did not settle the July maintenance in full.
State prosecutor Monica Mungwena said the accused only paid US$700 for the month of July instead of the US$10 000 as directed by the court, hence Mabandla acted unlawfully.
In his defense, Mabandla told the court that he had partially complied with the maintenance order by paying US$15 000 in a lump sum and US$10 000 at the end of June 2024, while he paid another $1 000 for the month of July, leaving a balance of $9 000.
Mabandla said he had noted an appeal against the maintenance order, as he considered the US$10 000 award to be excessive and beyond his means.
He also applied for a partial suspension of the maintenance order pending the outcome of the appeal, but the complainant has raised a technical objection to the hearing of the application.
The business tycoon, who once owned Linfield Private College, said he is expected to receive about US$110 000 from the remaining proceeds of the sale of Linfield School, with half of that amount due to the complainant and the remaining half due to him.
He prayed that he will settle the arrears accrued to date, but accused his wife of frustrating the implementation of this arrangement.
Mabandla also complained about his wife’s allegations of non-compliance with the maintenance order as being actuated by malice.
He stressed that there is a reasonable prospect of the maintenance order being set aside or the quantum being substantially reduced hence he pleaded for the court to acquit him.
