Daniel Nemukuyu Senior Court Reporter
SUNGURA artiste Alick Macheso’s estranged wife Tafadzwa Fortunate Mapako has filed an appeal at the High Court contesting a judgment compelling the musician to pay her US$1 030 monthly maintenance.
Mapako insists the sungura maestro must pay US$7 130 monthly for her upkeep and that of their two children, Alick and Allexynn.
Last week magistrate Mr Tafadzwa Muvhami gave a US$1 030 maintenance order and directed the parties to conduct DNA tests to determine paternity of the children on or before June 6, 2014.
In the notice of appeal filed by Mapako’s lawyers, Hamunakwadi, Nyandoro and Nyambuya law firm yesterday, she argued that the lower court erred in various respects in slashing her claim.
“The court erred at law by ordering appellant to contribute 50 percent share towards accommodation and utility bills yet the same court correctly made a finding that appellant is unemployed and hence a person of no means.
“The court a quo erred at law by employing the basic necessity as opposed to the lifestyle and social status test in determining the appropriate monetary maintenance for appellant and the two minor children.”
Mapako said the court failed at law when it ruled that she did not need a personal driver even though she did not have a driver’s licence or a car.
At the time, she noted, the same court granted her a fuel allowance.
Mapako says she proved to the court that Macheso could pay US$7 130.
Magistrate Mr Muvhami rejected several of Mapako’s demands, saying only food, medical, clothing, fuel, accommodation and utility bills were important.
For the children’s welfare, Macheso was ordered to pay U$750 (US$350 rentals, US$200 food, US$40 clothes, US$50 water, US$80 medical and US$30 fuel).
He was also ordered to pay US$280 for Mapako’s food, medicals and clothing, bringing the total to US$1 030.
Macheso was still to respond to the appeal before the matter is set down for hearing at the High Court.