Ndlovu defaults on child maintenance payments

Ndlovu defaults on child maintenance payments

PETER NDLOVU

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By Clemence Manyukwe

A HARARE woman, Amina Esof, has dragged Warriors captain Peter Ndlovu to court, alleging the soccer star has reneged on paying maintenance fees for their nine-year-old daughter born out of wedlock.

Ndlovu is required to appear at the Harare Magistrates’ Court on November 15 this year to answer the charges of breaching the Maintenance Act (Chapter 5:09), failure of which a default judgement would be entered.

Esof is demanding an initial one-off payment of 1000 pounds or its equivalent in Zimbabwe dollars at the auction rate, and 500 pounds or its equivalent in Zimbabwe dollars, per month.

Ndlovu is also required to provide a computer and bedroom set clothing and money to cover birthday parties, school requirements (fees, uniforms and stationery) and DSTV subscriptions for their daughter.

The former girlfriend is also demanding that Ndlovu pay costs incurred in the legal matter.

In the event that the child had gone to the UK, where Ndlovu used to ply his trade, the soccer star would have been required to provide the computer, bedroom suite and DSTV payments until the child turned 18, and $500 000 per month.

In her affidavit, Esof –who is represented by Kantor and Immerman – said after the breakdown of her relationship with Ndlovu, she returned from the UK where she had been residing with their daughter. After that, she proceeded to South Africa in search of employment, leaving the girl with her sister.

Esof said she later agreed with Ndlovu that it would be in their daughter’s best interest if she (the daughter) resided with Ndlovu’s family in Bulawayo during the mother’s absence. The daughter went to stay with Ndlovu’s family at a date not specified in the court papers.

A letter from Ndlovu’s lawyer, Fred Gijima of Gijima and Associates dated May 26 2004 to Esof’s lawyers reads: “Our client completely disputes the amount of money your client is claiming for maintenance. In any event, our client cannot afford the amount being claimed. A simple calculation will show that your client intends to increase the amount of maintenance by over 400 percent when in fact inflation in Zimbabwe has gone down.”

Contacted for comment, Gijima said they had intended to settle the matter out of court, but had failed due to what he termed Esof’s “outrageous demands”. He added that any demands on Ndlovu had to take into consideration that he had lost his contract at Sheffield United.

The lawyer said Ndlovu had a legal duty to provide for the child whether or not she was born “officially”, but that had to take into consideration the needs of the child as well as Ndlovu’s ability to pay. Gijima added that the wrangle had affected Ndlovu’s performances when playing for his country because every time he came for national duty he was confronted by demands from his former girlfriend.

On Tuesday last week, when the Warriors captain came for the Nigeria match which Zimbabwe lost, Essof allegedly demanded an undisclosed amount of money which was to be paid by Friday of the same week, the lawyer said. She also demanded some items to be used at school, due before schools opened on Tuesday this week, he said.
Daily Mirror
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