MBABANE:Supreme Court Judge Chief Justice Bheki Maphalala says Eswatini Law and Custom cannot be manipulated to grab a minor child from the custody of the mother.
The Chief Justice who was supported by Supreme Court Judge Mbutfo Mamba, dismissed an application filed by wealthy and multimillionaire businessman Muzi ‘MA’ Dlamini who was seeking to grab a five(5) year-old child from widow Zinhle Mkhonta nee Lukhele, the married businessman was allegedly in an adulterous relationship with the widow and, the child was born around 10th March 2020.
Widow Zinhle Mkhonta successfully ran to the High Court to appeal a Magistrates Court ruling, granting Dlamini the custody of the child but, the businessman subsequently approached the Supreme Court and lost the case with costs.
In the judgement, the Supreme Court heavily criticized the Social Worker’s report and the subsequent judgement of the Magistrates Court, granting Dlamini the custody of the child who was, at the time of the Magistrates Court application, only two(2) years.
“I can only say that this is a rather strange and damning conclusion against the 1st Respondent.Strange because, amongst other things, it recommends that a two-year-old child should be immediately taken into the custody and physical control of a man”, reads the Supreme Court judgement in part, delivered last week.
The widow who won the case was represented by prominent lawyer Sibusiso Nhlabatsi while Zweli Jele appeared on behalf of MA Dlamini.
Supreme Court Judge Chief Justice Bheki Maphalala dismisses millionaire Muzi ‘MA’ Dlamini’s application, married businessman who impregnated widow wanted to grab child from mother to avoid paying maintenance.