By Staff Reporter | ZimLive.com |
Controversial businessman Wicknell Chivayo has launched an urgent High Court bid to have his estranged wife Sonja Madzikanda’s divorce case dismissed, arguing that their customary union was already terminated in 2024 and that the litigation is now crippling his business empire after South African courts froze assets linked to him.
The application is the latest escalation in a cross-border legal battle that has spilled from Zimbabwe into South Africa, where Madzikanda obtained an anti-dissipation order freezing bank accounts and grounding a private jet linked to Chivayo.
Chivayo, who made his fortune from state contracts, says the South African order is entirely dependent on the continuation of Madzikanda’s divorce proceedings in Zimbabwe.
“The entire anti-dissipation order is predicated on the pendence of HCHF/62/26,” Chivayo states in the urgent application. “The clear antidote to this disastrous situation instated by the anti-dissipation order is the definitive resolution of HCHF/62/26.”
He argues that the matter should be urgently determined because the South African order has “crippled” his entities “in that they are unable to function in the ordinary course to the extent that they no longer have finances to fund daily operations including paying salaries, rent and taxes as and when these arise.” 
The papers say the parties “were married customarily and their union terminated in 2024 on payment and acceptance of gupuro (divorce token).” 
Despite that, Madzikanda later filed proceedings seeking dissolution of the marriage, alternatively recognition of a civil partnership, spousal maintenance and division of assets.
Chivayo says he is now asking the court to dismiss those claims under Rule 31 of the High Court Rules on the grounds that they are “frivolous and vexatious.” 
The businessman says the revival of the South African freezing order on April 23 has placed him at risk of defaulting on obligations arising from a consent order relating to the couple’s children.
According to the application, the freezing order “makes it difficult if not impossible for applicant to pay his monthly financial dues arising from the consent order in HCHF/892/26 which leaves him at risk of falling in contempt of court.” 
He further argues that the children would ultimately suffer because the maintenance obligations were made for their benefit.
“The children are potential losers,” lawyer Tichawana Nyahuma states in a certificate of urgency filed with the application. “If applicant fails to honour those financial obligations, it is the children that suffer.” 
The papers reveal that Madzikanda approached the Gauteng High Court in Pretoria ex parte and obtained an anti-dissipation order targeting assets allegedly forming part of the matrimonial estate.
The South African order restrained dealings involving several company bank accounts and directed the Airports Company South Africa to prevent movement of a Bombardier Challenger 300 jet with registration number ZS-ACT.
In papers filed in South Africa seeking reconsideration of that order, Chivayo argued that the aircraft belongs to Intratrek Holdings and not to him personally.
“The aircraft is not a luxury or passive asset. It is a functional business tool utilised in the ordinary course of my commercial activities,” he said. 
“The order has the practical effect of grounding the aircraft. This disrupts ongoing operations, impairs my ability to meet commercial commitments, and exposes me to financial loss and reputational harm.”
He also attacked the freezing of company bank accounts, arguing that the order effectively shut down business operations.
“The inevitable consequence is that the affected entities are rendered incapable of conducting business,” Chivayo said in the South African affidavit. “They are prevented from operating their bank accounts, honouring contractual obligations, paying employees and service providers, servicing liabilities, and continuing with ongoing commercial activities.” 
“The order compels a cessation of trading.” 
Chivayo further argues that Madzikanda failed to establish a valid legal marriage in the first place.
“The alleged customary union was not registered within the period prescribed by section 47(3) of the Marriages Act,” his affidavit states. 
He also claims that the relationship was terminated through the giving of gupuro, “being the customary act signifying dissolution in accordance with Shona culture and practices.” 
In a consent order granted by Justice Tsanga on April 2, Chivayo and Madzikanda agreed that “the question of the proprietary consequences of the termination of the parties union shall be adjudicated under case number HCHF 62/2026,” the divorce proceedings filed by Madzikanda in Zimbabwe.
The same order awarded primary residence of the children to Madzikanda and directed Chivayo to pay US$5 million for the children’s maintenance, including US$2.8 million within 30 days. 
Chivayo’s urgent application is yet to be determined.
