The Sunday News
Thulani Ndlovu
CHIEF Deli, born Asher Mabhena of Nyamandlovu, is allegedly paying for maintenance for a wife who has deserted him leaving him to fend for the children who were supposed to benefit from the money.
In an interview at his son’s homestead in the area, Chief Deli alleged that his wife, Mrs Thokozile Mabhena, who won a maintenance case in February had deserted him and was suspected to be staying with another man.
When the two married the wife had a child from another marriage but the child was incorporated in the family. They later had three more children.
Chief Deli alleges that his wife abandoned two of the children whom he was now staying with and looking after in spite of her getting money which was meant to support the children.
Mrs Mabhena took the youngest child, who is eight months old, while the other ‘adopted’ child is now staying with his biological father.
Two months ago, the Bulawayo maintenance court ordered Chief Deli to pay $225 monthly for the maintenance of his wife and the four minor children with effect from the end of March until she remarried or until the children reached the age of 18.
Chief Deli said he made arrangements with the Clerk of Court to deduct the amount from his Government’s chief allowance.
“I have been paying the money to the Clerk of Court. My allowance is $300, and $225 is deducted towards the maintenance. I remain with $75 which is meagre and I struggle to make ends meet.
“What hurts the most is that the two children that I pay maintenance for live with me. The other child has his father and I do not know his whereabouts,” he said adding he has three other children from another marriage that he was looking after.
However, Mrs Mabhena denied receiving any money from the chief and said she was considering reporting him for failing to own up to his maintenance obligations.
“He has never given me a cent, I have not reported the matter because he is in bad health. But if you publish his allegations I will go and make a report to the police,” said Ms Mabhena.
City lawyer Dumisani Dube of Cheda and Partners said there had been an increase in the abuse of maintenance by women who use the courts to settle personal vendettas hence the need to review the Maintenance Act.
“The chief should go back to the court to seek a variation of the maintenance order. Through an affidavit he should convince the court that he has custody of the children and thereafter the court should grant him the relief he seeks.
“I know of one woman who has claimed maintenance from five different men. The conduct is unconscionable. Another example of abuse of maintenance court is the Tafadzwa and Macheso fiasco. Maintenance obligations are not preserved for men only, but the burden should be carried by both parents,” said Mr Dube.
The chief said he tried to tell the court that he could not afford the maintenance as he had three other children from his first marriage but his remonstrations fell on deaf ears.
“I explained to the court that the maintenance fee was too high as I have other children. The court said if you have other children bring their birth certificates as proof. I then requested for court proceedings to be suspended while I get them.
“The court refused saying I will use the birth certificates on appeal. What surprised me is when Thokozile took me to court, she did not show the court any birth certificates as I keep them,” he said with a sigh of sadness.
Additionally, the chief accused Mrs Mabhena of lying during the maintenance court proceedings.
“She told the court that she lives with me, but you can see that she is not around here,” said the chief.
He said he had moved to his child’s homestead to receive care as he is sick. He described his wife as a woman who was abusive, who had stripped him of dignity and embarrassed him before his subjects.
“On one occasion I saw Thokozile kissing one of my villagers in front of me. The ordeal was embarrassing, but what could have I done? If I had attacked them, the law would have dealt with me in the harshest way possible,” the chief explained.
He said before the separation he had tried to settle their differences, appealing to his in-laws and Minister Obert Mpofu to intercede.
“Before Thokozile dragged me to court, I tried to settle this matter out of court. I asked for the intervention of my in-laws to sort our matrimonial problems, but she would not listen. Moreover, I asked Minister Mpofu to intervene but she refused to listen again,” said Chief Deli.
Chief Deli and Mrs Mabhena had been living together since 2003 as husband and wife. They formalised their relationship in 2010.
The chief said Mrs Mabhena’s behaviour changed soon after their marriage. “Soon after tying the knot, Thokozile started saying I am not her husband. She abandoned our matrimonial home and would go for days without my knowledge of her whereabouts.”
He added: “Last year around November she came in and abandoned a two-month-old baby, and she said to me that her new husband did not want another man’s child soiling his blankets.”
Despite having reservations that the baby was his, the chief said he took the innocent child out of respect for culture.
“I doubt that the child is mine, but kuthiwa ezalelwe esibayeni sakho ngeyakho so I have to treat the child as mine.”
