The couple’s children have, according to court papers, been
barred from entering school premises in South Africa over fees arrears.
In her application for correction and variation of the
maintenance order under case number HC7099, Rusere said Chiyangwa had ignored
messages informing him that the children’s fees were due after schools in the
neighbouring country opened on January 12.
“The minor children have now been dismissed from school as
the grace period has lapsed and, therefore, are not attending school and this
is taking a toll on them and affecting them psychologically as the dismissal is
embarrassing for them and interfering with their right to education which is a
constitutionally entrenched right,” Rusere submitted.
“The children are suffering irreparable harm and prejudice,
each day that they are not in school as they will not have a chance to catch up
on any class that they have missed.”
Chiyangwa asked the court for variation of his $40 000
maintenance to $8 000, which was granted in default.
Rusere said Chiyangwa was refusing to pay maintenance and
school fees for the minor children.
Rusere is challenging the variation saying Chiyangwa’s
lawyer, Itayi Ndudzo, misled the clerk of court into believing that the payment
of maintenance was stayed by the High Court.
“Chiyangwa is now using the new order for stay as a basis
of his defence that he cannot be asked to pay maintenance because such an order
has been stayed, thus absolving him of any responsibilities pending the
determination of his application for rescission, which I must add, he is not
interested to pursue as at the date of this application he has not filed an
answering affidavit to a notice of opposition served on him on December 15,
2021 to allow the matter to be finalised,” she submitted.
She is seeking an order compelling Chiyangwa to continue
paying the $40 000 monthly maintenance pending the variation appeal.
“An order for maintenance may not be stayed completely as
the interests of minor children are paramount and must not be prejudiced,”
Rusere said. Newsday
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