A HARARE man yesterday told the court that he was a beggar who must be excused from paying maintenance for his two children.
Ezekiel Benie appeared before Harare magistrate Sharon Mashavira in a case where his ex-wife Linnet Matizanhau was demanding US$300 monthly towards their children’s upkeep.
Benie told Mashavira that he could not afford the amount and offered to pay $40 000.
He told the court that he has been unemployed for the past four years and survived on begging in the Avenues area.
“I do not have any source of income. I survive on the little bond notes that I get as change from people in my neighbourhood who send me to buy them groceries at the stores nearby,” Benie submitted before offering to pay $40 000.
Benie demanded spousal maintenance and claimed that his estranged wife was earning over US$400.
“She should be the one paying me spousal maintenance because I am supposed to undergo an operation for brain tumour and buy medicine for arthritis,” he claimed.
“She also claimed that she wants US$50 for rent yet she stays at her parents’ house. I have two other minor children who also look up to me.”
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Mashavira asked the respondent to produce evidence supporting that he was suffering from a brain tumour, but he failed.
His ex-wife confirmed that Benie had lost his job before they divorced.
However, she told the magistrate that Benie was a man of means as evidenced by where he was living and his capacity to drive a car.
“I cannot accept his offer of $20 000 per child, your worship. One of the children is living with autism and requires medical attention,” she submitted.
“The respondent is lying because he is affording to pay rentals in the Avenues area and drives a car to date.
“I am actually shocked by his claims that he is a beggar. I have also never heard about the two other children that he is claiming to have.”
“His final offer was $60 000 which left the court to question where a beggar would get such an amount,” Mashavira ruled.
“This shows that the respondent is a man of means and only making excuses to evade paying maintenance.
“The respondent also did not deny owning a car and living in the Avenues area which left the court to speculate and decide on its ruling.”
Mashavira ordered Benie to pay US$100 as maintenance and 50% of his children’s fees, saying she was not convinced that he was a beggar.
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