FORMER Police Commissioner-General Dr Augustine Chihuri who is facing a $240 000 maintenance suit cannot be located, with the messenger of court and police saying they are not aware of his whereabouts.
Failure by the messenger of court to locate the former top cop has forced his estranged mistress based in Bulawayo Ms Sithulisiwe Mthimkhulu to resort to publishing a notice in the national media to notify him of the summons.
Revelations of the difficulties by the messenger of court to locate Dr Chihuri comes at a time when police have also told Parliament that they were failing to locate him so that he can appear before lawmakers to answer questions related to a diamond mine allegedly owned by the police.
In the maintenance case, Dr Chihuri is supposed to pay $3 655 per term for school fees, $349 in monthly medical aid, and $650 as monthly maintenance for the upkeep of his Grade Four daughter and is reportedly defaulting payment.
The woman is also demanding a lump sum maintenance of $240 000 from the former police boss for the upkeep of his child.
The maintenance case was initially expected to be heard on February 26 this year at the Bulawayo Magistrates’ Court where it was filed but Dr Chihuri did not turn up for the hearing.
In an interview yesterday, Ms Mthimkhulu’s lawyer, Mr Godfrey Nyoni said they were not sure of the former police boss’ whereabouts and had failed to deliver the summons hence they had resorted to a public notice in the press to communicate with him.
“You can’t serve anything on him. They don’t allow anyone at his house. Even to know whether he is in or not you won’t know. The security guards don’t take any letter or anything. We have tried serving him with summons twice and failed,” said Mr Nyoni.
Mr Nyoni said in the event that Dr Chihuri does not respond to the notice the courts were likely to issue a default judgment against him.
In a notice published in the media last Friday, Mr Nyoni said: “Take notice that on the 9th day of April 2018 at 8AM, an application shall be heard wherein applicant will be seeking an order for lump sum maintenance in the sum of $240 000 and for the minor child Shanine Mthimkhulu.
“Further take notice that if you desire to oppose her application, you will need to file your opposing papers before the above stated date and to appear before the magistrate for an inquiry into the above claim. If you do not file any opposing papers or appear in court an order shall be granted against you for the above amount and costs.”
Dr Chihuri has not responded to the court application.
Details of his affair with his former subordinate are contained in a maintenance suit filed at the Bulawayo Maintenance Court under case Number 191 /18.
In her summons, Ms Mthimkhulu revealed that she and the retired police boss have a child together born on July 2 in 2009.
She said Dr Chihuri neglected her from the time she fell pregnant and has failed to take care of his daughter.
“When it was time for us to go and get the child’s certificate, the respondent refused. I ended up doing it all on my own and that is why the child bears my surname and not his,” said Ms Mthimkhulu.
Recently police said Dr Chihuri’s whereabouts are not known as they had failed to locate him to appear before the Parliamentary Portfolio Committee on Mines and Energy.
His successor Commissioner General Godwin Matanga told legislators that he had unsuccessfully tried to locate his former boss.
Dr Chihuri did not turn up for first hearing on March 16 when he was supposed to appear before the committee, along with Comm Gen Matanga, and former Home Affairs Minister Ignatius Chombo. He again failed to turn up on March 23 and this prompted committee chair Mr Temba Mliswa to order Comm Gen Matanga to leave no stone unturned in his search for Dr Chihuri. – Chronicle