Bulawayo doctor acquitted in US$38,500 maintenance case

A prominent Bulawayo medical practitioner, Dr Nkonzo Ndebele, has been acquitted of charges related to the non-payment of US$38,500 in child maintenance. The 59-year-old doctor, from Bellevue suburb, appeared before Bulawayo magistrate Mr Chellenge Mahembe, who ruled in his favour, citing legal technicalities associated with Zimbabwe's changing currency policies.

Dr Ndebele had been accused of failing to comply with a 2015 court-ordered maintenance payment for his daughter. However, the court found that the charges could not be sustained due to significant changes in the country's monetary framework.

In delivering his judgment, Magistrate Mahembe highlighted the legal context at the time the original maintenance order was issued in 2015. At that time, Zimbabwe was using the US dollar as its official currency. The court had ordered Dr Ndebele to pay maintenance in US dollars, but the country's currency landscape has since undergone a major shift.

"It should be noted that in 2015, Zimbabwe was using the US dollar as legal tender, and the court ordered the accused to pay maintenance in that currency," Mr Mahembe explained. "However, the legal framework has evolved, and various statutory instruments, particularly SI 142 of 2019 and SI 33 of 2019, which reintroduced the Zimbabwean dollar as the sole legal tender, have impacted the case."

The magistrate pointed out that the complainant, Ms Grace Ndlovu, had failed to demonstrate how the arrears of US$38,500 had been calculated, especially given the fluctuations in currency over the years. He also noted that the complainant should have sought a variation of the original maintenance order to reflect the currency changes.

"The State has not managed to prove the arrears beyond reasonable doubt. In a criminal matter, the burden is on the State to prove its case beyond reasonable doubt. It therefore follows that the accused is found not guilty and is acquitted," Mr Mahembe ruled.

Ms Ndlovu, 49, had taken Dr Ndebele to court, claiming he had failed to pay maintenance for their daughter, resulting in arrears that accumulated to US$38,500 between December 2017 and December 2024.

Dr Ndebele, in his defence, explained that he had co-founded a business, Quick Ketch Enterprises, with his wife, and had invited Ms Ndlovu to assist in running the company, even appointing her as a co-director. He testified that Ms Ndlovu later signed a lease agreement for the business premises in her own company's name, Maiden Form Enterprises (Pvt) Ltd, and subsequently purchased the premises using proceeds from Quick Ketch Enterprises.

Following the maintenance order in 2015, which required Dr Ndebele to pay US$500 per month, he claimed that an agreement had been made between the parties for Ms Ndlovu to use business profits to cover the maintenance payments. However, Dr Ndebele argued that he was later removed as a co-director of the company and that the business had become unprofitable, leaving him financially incapacitated.

The court ultimately found that, given the legal and financial complexities, the charges against Dr Ndebele could not be sustained, leading to his acquittal.

The case highlights the challenges that can arise from legal obligations in the context of Zimbabwe's evolving currency policies and the need for parties to seek appropriate adjustments in their agreements under changing economic conditions.