Retired Commissioner General of the Zimbabwe Republic
Police (ZRP), Augustine Chihuri is embroiled in a messy maintenance wrangle.
In court documents, Sithulisiwe Mthimkhulu based in Bulawayo laid bare her intimate
and steamy escapades with her former boss which led to the birth of an
eight-year-old girl who is in Grade
Four.
Details of Rtd Comm Gen Chihuri’s extraordinary busy love
life are contained in a maintenance suit in which Mthimkhulu filed at the
Bulawayo Maintenance Court under case Number 191 /18 while demanding a lumpsum maintenance of US$
272 242 from the former police boss for the upkeep of his child.
The matter is set to be heard on 26 February.
In her summons Mthimkhulu revealed that the retired
police boss worked for nearly 37 years
as a commissioner-general of the Zimbabwe Republic Police and earning over $4
500 per month hence he would be able from his terminal benefits to pay or meet
her lumpsum claim of US$272 242.
She poured her heart out indicating that the former police
boss was using his position to victimise and subject her to all sorts of
humiliation and embarrassment whenever she visited or contacted him over the
upkeep of the child.
“I am the applicant in this matter and the information
contained herein is within my personal knowledge and belief.
Where I state issues of law, it will be at the advice on my
legal practitioners of record and whose advice I accept.
“Respondent Augustine Chihuri was the commissioner-General
of the Zimbabwe Republic Police since 1981, while I was his subordinate. He has
since retired but I am still in the force. Respondent and I have a child
together born on 2 July 2009. When it was time for us to go and get the child’s
certificate, the respondent refused. I ended up doing it all on my own and that
is why the child bears my surname and not his.
‘Over the years and ever since I was pregnant, the
respondent has been neglecting to take care of his daughter.
Whenever I needed money I had to call him and, even then he
would not do anything. I would then have to go to his offices to look for him.
He would then use his position to victimise and subject me to all sorts of humiliation
and embarrassment.
“He would, after he has said all that is in his mind and
treating me as he so desired, give me some of the money. If I did not ask, he
would keep quiet. Calling him and going
to his office almost every month to beg for money, be victimised and humiliated
became part of my routine,” reads her summons in part.
According to Mthimkhulu when she initially decided to take
the matter to court Chihuri pleaded with
her that they should go for an out of court settlement and she agreed.
“I agreed as I fully understood his reasons for doing so.
He was my boss and also the Commissioner-General of the entire police force in
Zimbabwe. He had engaged some legal practitioners in Harare to assist him and I
could not, in those circumstances, doubt his sincerity in seeking to have the
issue resolved amicably, “she revealed.
Mthimkhulu claimed fearing that she was going to take the
legal route, Rtd Comm Gen Chihuri in May last year agreed that he would pay US$650 monthly being
maintenance for the child, US$349
monthly for medical aid, US$3 655 termly, being school and boarding fees for
the child. He also agreed to buy all school uniforms and school accessories and
expenses as well as school trips.
Rtd Comm Gen Chihuri reportedly paid until October before
he stopped communicating with his alleged mistress- Mthimkhulu.
“In November 2017 I waited and no maintenance was deposited
to my account. December 2017 came and went by with nothing being paid for the
child and it was the same story in January 2018. I then started getting worried.
“Respondent still could not be reached on his cellphones.
The child needed uniforms, clothes, food and also to have her medical aid and
school fees paid. Respondent was not communicating with me-no email, no phone
and no text.
“I then decided to consult my legal practitioners of
record. A letter was drafted and sent to respondent’s Harare residence via
courier marked ‘private and confidential’’. I believed that he deserved his privacy
one way or the other.
“To my surprise, the security guards had been instructed
not to entertain anyone or receive anything. The letter was returned to my
legal practitioners and they have it on file with the relevant endorsement on
why it was not delivered.
“After consulting further with my legal practitioners, I
then advised them to contact the legal practitioner who assisted the respondent
in May 2017 leading to our out of court settlement. I am advised by my legal
practitioners, which advice I accept, that after some telephone discussions,
the legal practitioner concerned requested that my letter be e-mailed to him
and he would try his best locate the respondent.
“The letter was emailed on the 19th of January 2018. The
respondent later and through the same legal practitioner responded with proof
of payment of fees, medical aid and maintenance which payments had not been
communicated to me,” Mthimkhulu further claimed in her summons.
She said it became clear to her that the father of her
child didn’t want to communicate with her as he was reportedly avoiding her
calls.
“As I stated earlier on, respondent is now retired and will
obviously receive a package. He worked for nearly 37 years as a
commissioner-general of the Zimbabwe Republic Police and earning over $4 500.
He will no longer be getting any monthly salary from which he was and would pay
for the child.
“There is no salary that, when he fails to pay, stop order
can be effected. It is now difficult if not impossible to get hold of him. I
used to access him through his office. He no longer has one which I know of.
Previously I would walk in and discuss matters affecting our child despite all
the victimisation. Should I need anything for the child, given the
circumstances as outlined above, the child will be most affected. It will,
therefore, be in the best interests of the child if respondent is ordered to
pay me money enough to sustain the child until she turns the age of 18 years or
become self-supporting.
“Currently, the child is doing Grade Four. She has three
years and two terms to finish primary school. She will then have six years to
complete secondary school. This means she will need to have her medical aid
covered and using current rates, it means at $369 per month. This makes up a
total of US$43 542.
“She will need maintenance and at current rates if prices
do not spiral out of control she will need US$76 700, ie calculated at us4 650
per month. Her uniforms and school accessories at current rates will be US$23
600 for the next nine years.
“School and boarding fees are currently at US$ 3 655. They
will obviously go up when it comes to high school.
However, using these rates, she will need US$105 885 until
she finishes her Upper Sixth Form. University fees at approximately US$6 000
per year, over four years and to cover all her other accessories at university
will total US$ 24 000.
“As the child grows, being a girl, her needs will increase.
I will not be able to choose clothes for her. She will be having her own
choices and preferences. She will need a cell phone and other gadgets that are
costly. She is now used to a certain standard of life that respondent has
introduced her to.
“She is now accustomed to it. The above total of US$ 272
242 is just but the minimum. I believe it will be fair to the respondent and in
the best interest of the child if the respondent is ordered to pay a lump sum
of US$ 272 242. I believe this amount
will enable the child to continue enjoying the standard of life he introduced
her to and is used to”.
She said the respondent agreed to pay the money without any
coercion and he was the one who insisted that his child should be on such an
‘expensive” medical aid and should go to a boarding school.
“I respected and agreed to that. He was well meaning and
being responsible as a father. I will be able to also take care of her other
needs and with contribution from the respondent be able to cater for the child.
“I will have been saved from chasing after the
respondent. He is well able, from
terminal benefits and as someone with a number of immovable assets, to pay this
money. The child is in need of maintenance and the claim is not avoidable,”
declared Mthimkhulu. B Metro
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