Chihuri $270k maintenance case delayed




Retired Commissioner General of the Zimbabwe Republic Police (ZRP), Augustine Chihuri is
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Sithulisiwe Mthimkhulu who is claiming a lump sum maintenance of $270k for her love child with Retired Commissioner General of the Zimbabwe Republic Police (ZRP), Augustine Chihuri will have to contend with delay.

Her lawyers said court summons failed to reach Chihuri hence they needed a postponement of dates.

“We were unable to serve the respondent and the papers are with the Messenger of Court. They said they didn’t go so we want a postponement (of the case) to 12 March 2018,” read submissions by Mthimkhulu’s legal representative to the presiding magistrate Sharon Rosemani.

In her stinging suit Mthimkhulu, based in Bulawayo, laid bare her intimate and steamy escapades with her former boss which led to the birth of an eight-year-old girl who is in Grade Four.

Details of their extraordinary busy love life are contained in a maintenance suit in which Mthimkhulu filed at the Bulawayo Maintenance Court under case Number 191/ 18 while demanding a lump sum maintenance of US$272 242 from the former police boss for the upkeep of his child.

In her summons Mthimkhulu revealed that the retired police boss worked for nearly 37 years as a commissioner-general of the Zimbabwe Republic Police and earning over $4 500 per month hence he would be able from his terminal benefits to pay or meet her lump sum claim of US$272 242.

She poured her heart out indicating that the former police boss was using his position to victimise and subject her to all sorts of humiliation and embarrassment whenever she visited or contacted him over the upkeep of the child.

“Respondent Augustine Chihuri was the Commissioner-General of the Zimbabwe Republic Police since 1981, while I was his subordinate. He has since retired but I am still in the force. Respondent and I have a child together born on 2 July 2009.

“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.

“Over the years and ever since I was pregnant, the respondent has been neglecting to take care of his daughter.

“Whenever I needed money I had to call him and, even then he would not do anything. I would then have to go to his offices to look for him. He would then use his position to victimise and subject me to all sorts of humiliation and embarrassment,” she declared in her summons.

According to Mthimkhulu when she initially decided to take the matter to court Chihuri pleaded with her that they should go for an out of court settlement and she agreed.

She later changed her mind after Rtd Comm Gen Chihuri started avoiding her by deliberately not picking up her calls.

“Currently, the child is doing Grade Four. She has three years and two terms to finish primary school. She will then have six years to complete secondary school. This means she will need to have her medical aid covered and using current rates, it means at $369 per month. This makes up a total of US$43 542.

“She will need maintenance and at current rates if prices do not spiral out of control she will need US$76 700, ie calculated at us4 650 per month. Her uniforms and school accessories at current rates will be US$23 600 for the next nine years.

“School and boarding fees are currently at US$ 3 655. They will obviously go up when it comes to high school.

However, using these rates, she will need US$105 885 until she finishes her Upper Sixth Form. University fees at approximately US$6 000 per year, over four years and to cover all her other accessories at university will total US$24 000.

“As the child grows, being a girl, her needs will increase. I will not be able to choose clothes for her. She will be having her own choices and preferences. She will need a cellphone and other gadgets that are costly. She is now used to a certain standard of life that respondent has introduced her to.

“She is now accustomed to it. The above total of US$272 242 is just but the minimum. I believe it will be fair to the respondent and in the best interest of the child if the respondent is ordered to pay a lump sum of US$272 242.

“I believe this amount will enable the child to continue enjoying the standard of life he introduced her to and is used to”.

She said Rtd Comm Gen Chihuri agreed to pay the money without any coercion and he was the one who insisted that his child should be on such an “expensive” medical aid and should go to a boarding school.