Former Police Commissioner-General Augustine Chihuri has offered his former lover Ms Sithulisiwe Mthimkhulu $75 per month which he says they should contribute to equally. Mthimkhulu is demanding a $240 000 lump sum payment.
Chihuri and Mthimkhulu had agreed for an out of court settlement. The two seem not to have reached an agreement as the former police commissioner has filed notice of opposition papers at the Bulawayo Magistrates Court. Chihuri wants the matter to be heard at the Harare Magistrates’ Court. He wants school fees and school uniforms for the child to be a shared responsibility. He says his monthly pension is $2 668 and four children depend on him. The matter will be heard on May 14 before Bulawayo magistrate Miss Sharon Rosemani.
In papers before the court Dr Chihuri who is the respondent in this matter, through his lawyer Mr Arthur Marara of Mutamangira and Associates argued that the matter was supposed to be heard at the Harare Magistrates’ Court.
“It is respectfully submitted that this honourable court has no territorial jurisdiction to preside over the matter. The respondent is based in Harare while the complaint has been lodged in Bulawayo. The applicant is basing her case on a purported agreement that was prepared and signed in Harare and clearly the Harare magistrates’ court has jurisdiction over the matter,” he said.
Dr Chihuri suggested that maintenance is the responsibility of both parents and that it should be a shared responsibility.
“Monthly maintenance of $75 to be shared equally between parties,” he said.
In the papers Dr Chihuri highlights that school fees and school uniforms for the child is to be shared equally between parties.
Dr Chihuri states that his monthly pension is $2 668 and four children depend on him.
“Imagine every one of these children mounting a claim for $240 000. The applicant’s child is like any other child and clearly cannot enjoy any preferential treatment to the extent of being used to claim $240 000 which money the respondent does not even have,” he said.
Dr Chihuri said the court is obliged to look at the number of people who are to be supported.
Last month both parties agreed to go for an out of court settlement.
“By consent parties agreed to meet and do an out of court settlement and report back on May 14,” read the court papers.
The matter will be heard on May 14 before Bulawayo magistrate Miss Sharon Rosemani.- state media
