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Fungai Lupande Court Reporter
Chinhoyi magistrate Funny Nyakudya allegedly fell in love with a woman applying for maintenance against her estranged husband and ruled that the man pays $1 000 per month in an attempt to fix him.

The court heard that Nyakudya and the woman, Moreblessing Chabvonga, are now staying together at No. 3717 Mzari Extension in Chinhoyi.

Nyakudya, who is represented by Mr Nelson Chamisa, is facing two counts of criminal abuse of office as a public officer.

Harare magistrate Mr Elijah Makomo postponed the matter to May 18.

However, Mr Makomo said he was concerned that the matter was taking too long to be concluded.

“I don’t know why the prosecutor in Chinhoyi who was seized with the matter did not forward the docket. State’s house is not in order,” he said.

The complainant is Michael Musamirapamwe, who was once married to Chabvonga.

It is alleged that Musamira-pamwe and Chabvonga’s marriage, which was blessed with two children aged nine and five years, ended in 2009.

In January 2013 Chabvonga applied for maintenance against Musamirapamwe.

Nyakudya presided over the matter and ordered Musamirapamwe to pay $1 000 as maintenance.

In April 2013 Musamirapamwe lost an appeal at the High Court and filed for downward variation of the maintenance order of $1 000 per month.

The downward variation matter was set for July 12 at Murombedzi Magistrates’ Court.

It is alleged that when Musamirapamwe arrived at the court for the downward variation hearing, he was informed that the matter could not be heard.

Instead, he was told that he contravened the Maintenance Act and should be prosecuted.

Nyakudya tried the matter and found Musamirapamwe guilty.

He sentenced Musamira-pamwe to six months in prison and suspended three months for five years on good behaviour.

The remaining three months were suspended on condition that Musamirapamwe pays the arrears of $1 600.

The court heard that on September 11, 2013 Musamirapamwe approached Murombedzi Court with a downward variation application.

Nyakudya allegedly dismissed the application.

It is alleged that at that time Nyakudya was in a relationship with Chabvonga, which influenced his decisions.