Sulu seeks Concourt reprieve Suluman Chimbetu
Suluman Chimbetu

Suluman Chimbetu

Tendai Rupapa Senior Court Reporter
Orchestra Dendera Kings frontman Sulumani Chimbetu has given notice of his intentions to challenge the validity of the Maintenance Act under which he is being charged. His actions come a few days after Edmore Nyazamba of the Prosecutor-General’s Office, who is in arrears of $250, successfully applied for referral of his case to the Constitutional Court for interpretation or nullification of the disputed Section 23 (1) of the Maintenance Act.

Nyazamba is arguing that the framing of the section that forms the offence is vague and is in breach of the right to a free and fair trial.

Chimbetu (35) was yesterday taken to court by his ex-wife, Marygold Mutemasango, who accused him of failing to pay $800 for the upkeep of their two minor children.

He denied defaulting when he appeared before magistrate Ms Annia Ndiraya and was released on $50 bail to June 8 for his trial.

Through his lawyer, Mr Conwell Mutevhe from Muvingi Mugadza Legal Practitioners, Chimbetu notified the State of his intentions to apply for referral of the matter to the apex court on the next remand date for interpretation or nullification of the disputed Section 23 (1).

He raised similar queries as cited by Nyazamba that the section had a loophole.

The section provides that: “Subject to subsection (1) any person against whom an order to which this section applies has been made who fails to make any particular payment in terms of the order, shall be guilty of an offence and liable to imprisonment for a period not exceeding one year”.

Chimbetu argued that the section was vague and de- fective.

Prosecutor Mrs Devoted Gwashavanhu-Nyagano alleged that on December 20 last year, Chimbetu was ordered by the Harare Civil Court to pay $800 as maintenance towards the upkeep of his two minor children.

The order was with effect from December 31, 2016.

Chimbetu was supposed to deposit the money into Mutemasango’s bank account.

It is alleged that Chimbetu defaulted in April this year, a claim that he vehemently denies.

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