SUNGURA king-pin Alick Macheso heaved a sigh of relief Wednesday after Harare Magistrate Tafadzwa Muvhami granted his request for a variation of the maintenance he is doling out to his estranged wife Tafadzwa Mapako.
Muvhami, in passing judgment, agreed with Macheso’s lawyer Norman Mugiya that the application had merit as the music industry had been greatly affected by piracy, thereby reducing the applicant’s income adding that the musician’s last offering had performed dismally.
“Although Alick did not submit documentary evidence on how the economy has affected his income, the court is inclined to his own version. The court takes judicial notice that the music industry has been affected by piracy.
“His new offering, Kwatakabva mutunhu has performed dismally. The application has merit and is hereby granted,” Muvhami said while revising the maintenance claim from $750 to $450.
The magistrate also concurred with Macheso’s averments that both parties had the responsibility of fending for the needs of their two minor children.
An elated Mugiya said Macheso welcomed the court’s decision and would comply.
“I am very satisfied with the order. My client will co-operate with the order. The judgment of the court is very competent and the reasons are understandable,” said Mugiya.
Macheso will now pay $450 instead of the $750 he has been dolling out monthly for the upkeep of his two minor children with Mapako.
The singer has continued to question the paternity of the two children he sired with his former fan despite tests proving he is the father.
Macheso had applied for a downward revision to $300 citing dwindling fortunes in a harsh economic climate.
In response, Mapako’s legal counsel Martin Chijara submitted that, Macheso was on a fishing expedition because his claim was not based on merit and could not be relied upon to vary the claim.
Chijara argued that Macheso should have attached a bank statement to affidavits produced in court in order to support his claims of changed circumstances.
In response, Mugiya argued before the court that music business was a different venture compared to other professions as such records were not available as it operates on an informal basis.
As regards the fancy lifestyle Mapako was now leaving after her separation to Macheso, Chijara said, that was immaterial. He also refuted allegations made by Macheso that Mapako was now employed and earning $1,200 monthly.Advertisement
Mapako’s legal counsel also stated that the application filed by Macheso should be dismissed as there were no changed circumstances, and told the magistrate that the application was frivolous and unsubstantiated.