AN unemployed Bulawayo man’s bid to receive spousal support from his
former girlfriend and Zimbabwe International Trade Fair (ZITF) boss Ruth
Ncube, hit a brick wall recently after the application was dismissed
for lack of merit.
Wilson Sezi had filed a $3 800 monthly maintenance claim against
Ncube saying they were customarily married and that he was entitled to
receive support from her since he was unemployed.
In a ruling delivered on June 22, Bulawayo magistrate Sheunesu Matova
said Sezi had failed to prove that he was customarily married to the
ZITF boss.
“The applicant instituted for a spousal maintenance from the respondent. He was claiming $3 800.
“The respondent contested the applicant’s claim. She raised
preliminary point in her opposing affidavit, the point in limine of
which has an effect of disposing of this matter if upheld by this court.
“The respondent technically objected to the applicant’s claim on the
grounds that no customary union existed between her and the applicant as
the applicant had not paid bride price to her family,” Matova ruled.
“The court in this judgment grapples with the issue of whether or not
an unregistered customary union exists between the parties to this case
entitling the applicant to claim spousal maintenance.”
Matova said in the affidavit, Ncube disputed claims that she was
lawfully married to Sezi in terms of the Customary Marriages Act.
The magistrate said for a customary marriage to subsist, Sezi ought to have followed the customs of his in-laws-to-be.
“Therefore there is no way this court can find that a customary union
existed between the parties when the respondent’s family insists that
applicant had not complied with essential Ndebele customs for him to be
recognised as husband to the respondent,” he ruled.
“For the reasons stated above, the court upholds the preliminary
point taken by the applicant that no customary union exists between the
parties.
“In the result, it is hereby ordered that the applicant’s claim for
spousal maintenance be and is hereby dismissed with no orders as to
costs.” Newsday
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