Provincial magistrate Reuben Mukavi yesterday dismissed Prime Minister Morgan Tsvangirai’s application seeking to have his ex-lover Locardia Karimatsenga’s maintenance claim struck off the roll for failing to comply with maintenance rules.
Report by Charles Laiton The court postponed the matter to October 15 for hearing.
Tsvangirai’s lawyer Advocate Thabani Mpofu had urged the magistrate to strike the matter off the roll, arguing the application was “a dog’s breakfast” since it had failed to comply with maintenance rules.
Mpofu argued Karimatsenga’s maintenance claim was not in the form of a complaint on oath which was supposed to be accompanied by an affidavit attached to summons and was improperly served on his client.
“If this court does not follow the maintenance procedure, the effect of such action would be to reduce this court’s proceedings to those of a headman sitting under a muhacha (wild fruit) tree,” Mpofu said. “It is accepted that if service is not properly done, proceedings become a nullity as such applicant (Karimatsenga) must come to court and properly make a claim.”
But, Karimatsenga’s lawyer Everson Samukange opposed Tsvangirai’s bid, arguing it was a “mischievous application” conveniently meant to suit him. “The application before this court was done properly by the clerk of court after an application by applicant (Karimatsenga). It has an affidavit which constitutes applicant’s oath. This application complies with regulations of the Maintenance Act,” Samukange said.
After submissions by both lawyers, the court ruled in Karimatsenga’s favour and ordered the matter to be heard.
“Firstly, what is important is not the structure of the oath, but the complaint on oath and in my view proceedings were duly on oath. Secondly, on the issue of service of process, police serve summons without fee as such there is no merit that it was not properly served,” the magistrate said before dismissing Tsvangirai’s application.
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Karimatsenga was confirmed Tsvangirai’s customary wife by the courts in a week-long court battle after scuttling his efforts to wed his new wife Elizabeth Macheka. Her objection was upheld by the High Court after the magistrates’ court cancelled the Premier’s marriage licence.
Karimatsenga is reported to have claimed she did not have reservations with Tsvangirai taking a second wife, as long she was recognised as the first wife in terms of customary law.
