CHIWENGA DIVORCED MARRY : JUDGE RULES

The High Court has ruled that Marry Mubaiwa’s marriage to VP Chiwenga ceased to exist more than two years ago when she was given a US$100 di...

The High Court has ruled that Marry Mubaiwa’s marriage to VP Chiwenga ceased to exist more than two years ago when she was given a US$100 divorce token.

Chiwenga argued he gave Mubaiwa a divorce token, thereby terminating the union between them in terms of the African law and custom.

Mubaiwa said the gupuro was given to her in United States currency which she refused to accept as that currency could no longer be lawfully transacted in Zimbabwe.

However, Mubaiwa could not say that the customary union had not ended. On the contrary, she accepted that it had terminated, but blamed her ex-husband for its demise.

Justice Tagu said it was no longer a live issue whether the customary union had ended and Mubaiwa in her own pleadings attested to this. Both parties agree that the union had ended or came to a demise.

Justice Tagu said that Mubaiwa’s concern was one of prejudice that she perceived would accrue to her if the termination of the union was dealt with separately from the ancillary issues.

The ancillary issues relating to custody, maintenance and the property rights of the parties had been stood down for determination at the civil hearings, which would be set down by Mubaiwa as and when she is able to pursue the matter.