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Magistrate uses threat of warrant of arrest to com...

Magistrate uses threat of warrant of arrest to compel man to pay fees for his twin kids

Michael Mashiri A Harare magistrate has instructed a Harare woman to lodge fees invoices with the court so that a warrant of arrest can be processed if her ex-husband does not pay fees for the couple’s five year old twins. Nolen Chiwara took Takudzwa Chipfidze To the Harare Civil Court before magistrate Sharon Mashavire alleging that he was not a responsible father as he was failing to pay for their children's fees. "He has never paid fees for the five year old twins Your Honour. I secured a place for the children but he never bothered to pay the fees," she said. Chipfedze denied his former wife's allegations saying she had never gave him the invoice for the fees. "I did not pay the fees because l never get any invoice from her. She is in the habit of just throwing figures of money at me without explaining," he said. Chiwara said that she could not give Chipfidze the fees breakdown because they were not on talking terms. Chipfidze argued that he was not even informed that the children had been enrolled so it would be absurd for him to pay fees he knows nothing about. Chipfidze told the court that he was not in a position to pay for the upward variation on maintenance as requested by Chiwara as he was currently unemployed. "I am also married with two other children," he said. Mashavire said as it was evident that Chiwara was pregnant and at times it would be difficult for her to fend for the children so it was Chipfidze’s responsibility as the father to see to it that his children were attending school. She said Chipfidze was prejudicing his own children by denying them education. Mashavire ordered Chipfidze to continue paying set maintenance, school fees of the children and other necessary school items. Chipfidze said he would go and pay fees directly at the school the same day. Mashavire instructed Chiwara to take the invoice to the clerk of court, so that should Chipfidze default on fees payment, a warrant of arrest will be initiated

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