By Tendai Kamhungira
HARARE – High Court judges have thrown out Energy minister Samuel Undenge’s appeal, in which he was challenging a Civil Court order for him to pay $350 towards the upkeep of his daughter.
Judges Lavender Makoni and Hlekani Mwayera, in a judgment released on Tuesday, said Undenge should continue taking care of his daughter Bongai Tafadzwa Undenge.
“The respondent (Bongai) is not self-supportive and the appellant (Samuel) was held the ‘responsible’ person for the maintenance.
“The order issued by the trial court (Civil Court) is specific that the appellant is to pay $350 maintenance per month till the respondent becomes self-supportive.
“It follows, once she becomes self-supportive, the order terminates.
“There is no ambiguity in the order which cannot be regulated by the relevant statute warranting interference with the court a quo’s decision.
“Accordingly, it is ordered that, the appeal be and is hereby dismissed,” the court ruled.
Undenge had been paying maintenance for the daughter whom he sired with his estranged wife Angeline since 2005.
When she turned 18, Bongai, through her lawyer Rumbidzai Venge, won a court order for her father to continue maintaining her until she was self-sufficient.
According to the court order granted in June last year, Undenge was ordered to pay $350 every month and contribute towards her daughter’s educational needs.
But Undenge challenged the decision, claiming it was ambiguous.
“I was aggrieved by the order as I did not find any legal basis for the granting of the order,” he said.
Undenge, who was represented by Farai Nyamayaro, said that the maintenance order should have been suspended by operation of law.
He argued that the Maintenance Act did not provide for maintenance applications by children who are above 18 years of age.
“The order itself is vague…When does a major become self-supportive because if a person is a major, the presumption is that he is already self-supportive.
“Should the respondent (Bongai) become self-supportive at 40 years, will the applicant (Undenge) still be required to comply with the order?” Undenge queried.
However, High Court judges said that the order was properly made.
“The argument that the order is vague and difficult to comply with cannot be sustained either.
“We are not persuaded by the appellant’s argument that the order is vague because it is specific that maintenance is to be paid till the respondent becomes self-supportive.
“The appellant unsurprisingly, in a dramatic fashion, given the history of maintenance orders suggests the appellant might get to 40 still not being self-sustaining.
“Maintenance is a creature of statute and clearly regulated by the Maintenance Act.
“In the event of a party being aggrieved because of change of circumstances there is provision for downward and upward variation or better still discharge,” the court said.
The judges also said that the Civil Court ruling was made after due consideration of all relevant factors and cannot be viewed as outrageous given the need for tertiary training.
They further said that Section 20 of the Constitution was clear and stated that;
“The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that youths, that is to say people between the ages of 15 and 35 years have access to appropriate education and training.” Daily News
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