HUSBAND BLOCKS BUSINESSMAN FROM SEEING KIDS SIRED WITH HIS WIFE

A man from Bulawayo has gone to court after he was blocked from visiting two children he sired with his married mistress.

Businessman Mr Sifiso Moyo, dragged Nokuthula Ncube to court on allegations of denying him the right to see the two minor children. The Chronicle reports that the case was heard at the Western Commonage courts where Mr Mehluli Moyo presided over the matter, before dismissing the claims, due to lack of substantive evidence.

“The accused (Ncube) stands charged for contempt of court as defined in section 182 (1) as read with section (2) (e) of the Criminal Law Codification and Reform Act, (chapter 9:23). The facts of the matter are that during the month of April 2024, the accused disobeyed an order of the juvenile court issued under case number JC 145/21 by refusing the complainant access to two minor children.

“…during happier times, Ncube would grant Mr Moyo access to the children with the hope that someday he would marry her. When Ncube realised that the complainant had no intentions of marrying her, she started denying the complainant access to the two minor children. This made the complainant approach the juvenile court with an application for access; which application was granted in 2021.”

“After the granting of the order, the complainant accessed the minors through his relatives. It was not until the school holiday of April 2024, when the complainant failed to access the children, after visiting the accused’s residence. When he enquired from the accused why, he was told that it is her husband who was refusing with the children,” the court heard.

In passing his judgement the magistrate said Ms Ncube is customarily married to one Mr Nelson Jele, who is based in South Africa. The children bear Mr Jele’s surname on their birth certificates.

“That the person who is refusing the complainant access to the children is Nelson Jele,” he said.

The magistrate said Ms Ncube admitted that an access order was granted against her by a competent court and that the order is still extists.

“The question begging for an answer now is whether the evidence of the State is supportive of the charge. The complainant conceded under cross examination that eight school holidays have since lapsed after the granting of the order. He further admitted that prior to the April 2024 school holiday, he would access the children. What then triggered the report was his failure to access the children in the month of April 2024, which failure he attributes to the refusal by the accused’s husband,” said Moyo.

He said what sticks out like a sore thumb is that the State did not manage to prove the element of intention.

“What looms large from the testimony of Sifiso Moyo is that his evidence absolves the accused. He failed to give evidence to show that the accused acted with intention,” said Moyo.

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