BELEAGUERED footballer, Kudakwashe Mahachi’s ex-wife Ms Maritha Ndlovu has won custody of their four-year-old son after the Department of Social Welfare had taken him pending the conclusion of legal proceedings against the embattled footballer.
Mahachi is accused of scalding his son while at his house
in South Africa. He is, however, denying any wrongdoing and insists that the
child left South Africa in good health.
But his ex-wife, the mother of the child, Ms Ndlovu is accusing him of
scalding their son with boiling water resulting in him suffering third-degree
burns. Part of his foot had to be amputated as a result.
Officials from the Ministry of Public Service, Labour and
Social Welfare took the child saying the move was meant to ensure that he can
give an independent testimony in the criminal matter which is pending against
Mahachi.
Kudakwashe Mahachi with his lawyer Mr Nkosiyabo Sibanda at
the Bulawayo Magistrates Court
The department had also stated that it fears for the safety
of the minor child. However, this was challenged by Ms Ndlovu’s lawyers,
Coghlan and Welsh who argued that no persuasive reasons were given by the
Social Welfare Department as to why it fears for the safety of the minor child
while with his mother.
Kudakwashe Mahachi at the Bulawayo Magistrates Court
It has since emerged that Ms Ndlovu won back custody of her
child after a probation officer’s report, with Bulawayo magistrate, Ms Vivian
Ndlovu stating that the report shows nothing that Ms Ndlovu can do that is
detrimental to the minor child. The inquiry to go over the probation officer’s
report sat last Wednesday at the Bulawayo Magistrates’ Court.
“The minor child was said to be the child in need of care
in terms of Section 2(j) of the Children’s Act by the Social Welfare
Department. Court finds that the probation officer’s report shows nothing that
the mother has done which is detrimental to the interests of the child.
Probation officer’s report states that the child was allegedly injured in the custody
of Kudakwashe Mahachi who allegedly assaulted him with a charging cable and
scalded him with hot water,” reads the judgment.
Kuda Mahachi attempting to hide from journalists with the
help of his friend Zibusiso Hadebe
In their application, challenging the taking into custody
of the minor, Ms Ndlovu’s lawyers had revealed that since removing the minor
child from her custody the department had failed, neglected or refused to take
him to Mpilo Central Hospital for his weekly reviews, therefore jeopardising
the best interest of the child.
“Additionally, since removing the minor child from the
custody of the Applicant, on 29 June 2022, the first respondent has denied the
applicant access to the minor child and has refused to furnish the applicant
with the details of the minor child’s whereabouts. It, therefore, follows that
first respondent has neglected the child’s best interests which are paramount
in every matter concerning the child. The child is entitled to adequate
protection by the court hence I am approaching this court as the upper guardian
of children. The circumstances under which the child was removed from my
custody by the first respondent have no basis at law. The conduct of the first
respondent is therefore illegal,” reads the application. Sunday News
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