Own Correspondent
HARARE – The High Court has dismissed an application by Tambudzani Muleya, the ex-wife of Vice President Kembo Mohadi, for post-divorce maintenance.
Justice Esther Chiremba, in a judgement delivered Monday, said the Matabeleland South Senator was employed and had no dependents.
The judge also ruled that Muleya had been awarded capital assets and should use them for her upkeep.
“In this case, all factors considered, it my considered view that the applicant is not entitled to be maintained by the respondent. While she is fairly advanced in age, and has greatly diminished prospects of remarriage, she was awarded capital assets upon divorcing with the respondent,” the judge said.
“She got three pieces of real estate, two of which are developed, more than 500 herd of cattle, a motor vehicle in the form of a Discovery Land Rover, 50 percent shares in a company, more than US$25,000 in value of farm assets and household goods. There is no doubt that these assets can provide her with the income she needs to support herself.
“She can still live comfortably, even if she does not dispose of any of the two houses awarded to her. The applicant is still working and she can live off the assets she was awarded when the parties divorced. In the view of foregoing, I will dismiss the application.”
Mohadi divorced his wife of nearly 40 years last year, saying they had lived apart for years. The Vice President said Muleya had a “violent disposition such that I am now living in fear or my life.”
In March last year, days after Mohadi was granted his divorce, he went to the couple’s former matrimonial home to take his assets. Muleya later told reporters the vice president had come armed with an axe and broke down three doors while threatening to shoot her. She said he grabbed three cars which she was awarded in the divorce settlement, while police watched.
Mohadi, who is now customarily married to Juliet Mutavhatsindi, later went to court to seek a protection order against Muleya.
Muleya subsequently claimed $13,394 monthly as post-divorce maintenance. She claimed that she is now living a miserable life and surviving on a diet of isitshwala/sadza and dried vegetables daily.
She also told court that she was unable to feed her dogs anymore and went on to demand security aides and a personal driver among other things.
Mohadi challenged her claim, arguing that she has no dependants to support and no rentals to pay having been awarded two big houses in Beitbridge and Harare.
Justice Muremba said Muleya lied about her lifestyle.
“The impression she wants to create is that she wants to fix the respondent for leaving her and eventually divorcing her. This is buttressed by the fact that she is making claims for things she never enjoyed during the marriage,” the judge said.
“What came out is that the applicant is refusing to come to terms with the fact that her marriage has come to an end and that the respondent is no longer her husband.
”To make matters worse for her, the respondent’s political fortunes have turned for the better ever since he left her. He is now vice president of Zimbabwe and it appears that this does not sit well with the applicant. She wishes she was up there with him. This is why she wants the court to award her maintenance so that she can enjoy a standard of life she never enjoyed during the subsistence of her marriage.”
Source Kukurigo