‘Sulu must come in person’
7 November 2017
MUSICIAN Suluman Chimbetu’s bid for maintenance downward variation is still pending after failing to reach a conclusion after two sittings.
The Batai Munhu hit singer seeks to pay US$200 from the US$800 he has been paying for the upkeep of his two children.
On Monday the court as represented by Lazini Ncube appealed for the musician’s presence in court next week to make some issues clear after failure to find solution in two court sittings.
Chimbetu has been arguing that the current economic situation was one of the factors directly affecting his income flow.
“It is known to every Zimbabwean that our economy is affecting many lives not even mentioning mere musicians.
“My client has held an estimated number of five to six shows from the month of May up to date.
“That alone should give a clear picture how things are with the applicant; things are not going very well.
“He is running short of promoters and he is only given a commission of five percent at each and every show he would have attended to perform,” he said.
He went on to cite the Alick Macheso case of November 2014 where he applied for the slash down in maintenance making it to stand as a support of his claim that things are not well with musicians.
Marygold Mutemasango through her lawyer opposed the application demanding that he provides the requirements needed for the court to grant the order.
She also referred the court to the section 81 of Zimbabwe Constitution where the interest of the children is to be considered first if there happens to be clash of interest.
“The court has to consider change in financial status, ability and change in material circumstances and all this should be demonstrated here before this honorable court.
“The application itself is a mere attack on my client and if that is the true intention of the applicant then our case should be heard in high court.
“He is not just a musician but owns a number of means of income. He owns a farm and he has a fixed salary of US$750.
“I have strong evidence to prove he basically have shows ongoing every week and there are contracts signed at those particular shows, why are they not attached in his papers?
“In the show he performed in Mhangura I have a newspaper article here with reports saying it was well attended but here we are being told he is having poorly attended shows.
“Last month he had a selfie on his social media with the following words ‘the captain mumunda wavo ne S320, if things are tight for him then where did he find money to buy a Mercedes Benz.
“The applicant is not being candid with the court. If circumstances happened to have changed then they have changed for the good thereby I say his application should be dismissed,” she said.
The presiding magistrate postponed the matter to November 15 pleading for the musician to come in person and be answerable to the evidence needed for his claims.