CHIHURI DRAGGED TO COURT BY SMALL HOUSE
Retired Commissioner General of the Zimbabwe Republic Police (ZRP), Augustine Chihuri is embroiled in a messy maintenance wrangle.
In court documents, Sithulisiwe 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 Rtd Comm Gen Chihuri’s 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 lumpsum maintenance of US$ 272 242 from the former police boss for the upkeep of his child. The matter is set to be heard on 26 February.
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 lumpsum 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.
“I am the applicant in this matter and the information contained herein is within my personal knowledge and belief.
Where I state issues of law, it will be at the advice on my legal practitioners of record and whose advice I accept. “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.
“He would, after he has said all that is in his mind and treating me as he so desired, give me some of the money. If I did not ask, he would keep quiet. Calling him and going to his office almost every month to beg for money, be victimised and humiliated became part of my routine,” reads her summons in part.
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.
“I agreed as I fully understood his reasons for doing so. He was my boss and also the Commissioner-General of the entire police force in Zimbabwe. He had engaged some legal practitioners in Harare to assist him and I could not, in those circumstances, doubt his sincerity in seeking to have the issue resolved amicably, “she revealed.
Mthimkhulu claimed fearing that she was going to take the legal route, Rtd Comm Gen Chihuri in May last year agreed that he would pay US$650 monthly being maintenance for the child, US$349 monthly for medical aid, US$3 655 termly, being school and boarding fees for the child.
He also agreed to buy all school uniforms and school accessories and expenses as well as school trips. Rtd Comm Gen Chihuri reportedly paid until October before he stopped communicating with his alleged mistress- Mthimkhulu.
“In November 2017 I waited and no maintenance was deposited to my account. December 2017 came and went by with nothing being paid for the child and it was the same story in January 2018. I then started getting worried.
“Respondent still could not be reached on his cellphones. The child needed uniforms, clothes, food and also to have her medical aid and school fees paid. Respondent was not communicating with me-no email, no phone and no text.
“I then decided to consult my legal practitioners of record. A letter was drafted and sent to respondent’s Harare residence via courier marked ‘private and confidential’’. I believed that he deserved his privacy one way or the other.
“To my surprise, the security guards had been instructed not to entertain anyone or receive anything. The letter was returned to my legal practitioners and they have it on file with the relevant endorsement on why it was not delivered.
“After consulting further with my legal practitioners, I then advised them to contact the legal practitioner who assisted the respondent in May 2017 leading to our out of court settlement. I am advised by my legal practitioners, which advice I accept, that after some telephone discussions, the legal practitioner concerned requested that my letter be e-mailed to him and he would try his best locate the respondent.
“The letter was emailed on the 19th of January 2018. The respondent later and through the same legal practitioner responded with proof of payment of fees, medical aid and maintenance which payments had not been communicated to me,” Mthimkhulu further claimed in her summons.
She said it became clear to her that the father of her child didn’t want to communicate with her as he was reportedly avoiding her calls.
“As I stated earlier on, respondent is now retired and will obviously receive a package. He worked for nearly 37 years as a commissioner-general of the Zimbabwe Republic Police and earning over $4 500.
He will no longer be getting any monthly salary from which he was and would pay for the child.
“There is no salary that, when he fails to pay, stop order can be effected. It is now difficult if not impossible to get hold of him. I used to access him through his office. He no longer has one which I know of. Previously I would walk in and discuss matters affecting our child despite all the victimisation. Should I need anything for the child, given the circumstances as outlined above, the child will be most affected.
It will, therefore, be in the best interests of the child if respondent is ordered to pay me money enough to sustain the child until she turns the age of 18 years or become self-supporting.
“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$23600 for the next nine years.
“School and boarding fees are currently at US$ 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 cell phone 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 the respondent 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.
“I respected and agreed to that. He was well meaning and being responsible as a father. I will be able to also take care of her other needs and with contribution from the respondent be able to cater for the child.
“I will have been saved from chasing after the respondent. He is well able, from terminal benefits and as someone with a number of immovable assets, to pay this money.
The child is in need of maintenance and the claim is not avoidable,” declared Mthimkhulu.
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