Dr Ndebele
(59), of Bellevue suburb, appeared before Bulawayo magistrate, Mr Challenge
Mahembe, facing allegations of failing to comply with a court-ordered
maintenance payment.
However, the
court ruled in his favour, citing legal technicalities arising from Zimbabwe’s
evolving currency policies.
In delivering
his judgment, Mr Mahembe explained that the original maintenance order, issued
in 2015, was denominated in US dollars, the legal tender in Zimbabwe at the
time.
“It should be
noted that in 2015, Zimbabwe was using the US dollar as legal tender, and the
court ordered the accused to pay maintenance in that currency,” said Mr
Mahembe.
“Although it is
clear the accused did not consistently make payments, the court has considered
the impact of various statutory instruments enacted since 2019, specifically SI
142 of 2019, which reintroduced the Zimbabwean dollar as the sole legal tender,
and SI 33 of 2019, which, under Section 4(1)(d), equated RTGS dollars to US
dollars at a 1:1 rate.”
The magistrate
noted that the complainant had failed to demonstrate how the arrears amount of
US$38 500 was calculated, given the significant changes in monetary policy over
the years. He further pointed out that
the complainant should have applied for a variation of the original maintenance
order under Section 8 of the Maintenance Act, to reflect the currency
transition.
“The State has
not managed to prove the arrears beyond reasonable doubt. In a criminal matter,
the burden is on the State to prove its case beyond reasonable doubt. It
therefore follows that the accused is found not guilty and is acquitted,” Mr
Mahembe ruled.
The
complainant, Ms Grace Ndlovu (49), had taken Dr Ndebele to court, accusing him
of failing to pay maintenance for their daughter, an amount she claimed had
accumulated to US$38 500 between December 2017 and December 2024.
In his defence,
Dr Ndebele stated that he had co-founded a business, Quick Ketch Enterprises,
with his wife and had invited Ms Ndlovu to assist in running the company,
appointing her as a co-director.
He testified
that in 2010, the landlord of their business premises offered an alternative
location and Ms Ndlovu, unbeknownst to him, signed a lease agreement in the
name of her own company, Maiden Form Enterprises (Pvt) Ltd.
Dr Ndebele
further claimed that Ms Ndlovu later purchased the premises using proceeds
generated from Quick Ketch Enterprises.
Following the
issuance of the maintenance order in August 2015, which required him to pay
US$500 per month (Order M1136/13), Dr Ndebele asserted that the two parties had
agreed that Ms Ndlovu would use business profits from Quick Ketch Enterprises
to cover the maintenance payments.
He also stated
that he had since been removed as a co-director and that the company was no
longer profitable, leaving him financially incapacitated.
It was alleged
that he had accrued maintenance arrears totalling US$38 500 over a seven-year
period. However, the court found that the charges could not be sustained under
current legal and financial frameworks. Herald
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