HARARE
–
Businessman
Wicknell
Chivayo
has
launched
an
urgent
High
Court
bid
to
have
his
estranged
wife
Sonja
Madzikanda’s
divorce
case
dismissed,
arguing
that
their
customary
union
was
already
terminated
in
2024
and
that
the
litigation
is
now
crippling
his
business
empire
after
South
African
courts
froze
assets
linked
to
him.
The
application
is
the
latest
escalation
in
a
cross-border
legal
battle
that
has
spilled
from
Zimbabwe
into
South
Africa,
where
Madzikanda
obtained
an
anti-dissipation
order
freezing
bank
accounts
and
grounding
a
private
jet
linked
to
Chivayo.
Chivayo,
who
made
his
fortune
from
state
contracts,
says
the
South
African
order
is
entirely
dependent
on
the
continuation
of
Madzikanda’s
divorce
proceedings
in
Zimbabwe.
“The
entire
anti-dissipation
order
is
predicated
on
the
pendence
of
HCHF/62/26,”
Chivayo
states
in
the
urgent
application.
“The
clear
antidote
to
this
disastrous
situation
instated
by
the
anti-dissipation
order
is
the
definitive
resolution
of
HCHF/62/26.”
He
argues
that
the
matter
should
be
urgently
determined
because
the
South
African
order
has
“crippled”
his
entities
“in
that
they
are
unable
to
function
in
the
ordinary
course
to
the
extent
that
they
no
longer
have
finances
to
fund
daily
operations
including
paying
salaries,
rent
and
taxes
as
and
when
these
arise.”
The
papers
say
the
parties
“were
married
customarily
and
their
union
terminated
in
2024
on
payment
and
acceptance
of
gupuro
(divorce
token).”
Despite
that,
Madzikanda
later
filed
proceedings
seeking
dissolution
of
the
marriage,
alternatively
recognition
of
a
civil
partnership,
spousal
maintenance
and
division
of
assets.
Chivayo
says
he
is
now
asking
the
court
to
dismiss
those
claims
under
Rule
31
of
the
High
Court
Rules
on
the
grounds
that
they
are
“frivolous
and
vexatious.”
The
businessman
says
the
revival
of
the
South
African
freezing
order
on
April
23
has
placed
him
at
risk
of
defaulting
on
obligations
arising
from
a
consent
order
relating
to
the
couple’s
children.
According
to
the
application,
the
freezing
order
“makes
it
difficult
if
not
impossible
for
applicant
to
pay
his
monthly
financial
dues
arising
from
the
consent
order
in
HCHF/892/26
which
leaves
him
at
risk
of
falling
in
contempt
of
court.”
He
further
argues
that
the
children
would
ultimately
suffer
because
the
maintenance
obligations
were
made
for
their
benefit.
“The
children
are
potential
losers,”
lawyer
Tichawana
Nyahuma
states
in
a
certificate
of
urgency
filed
with
the
application.
“If
applicant
fails
to
honour
those
financial
obligations,
it
is
the
children
that
suffer.”
The
papers
reveal
that
Madzikanda
approached
the
Gauteng
High
Court
in
Pretoria
ex
parte
and
obtained
an
anti-dissipation
order
targeting
assets
allegedly
forming
part
of
the
matrimonial
estate.
The
South
African
order
restrained
dealings
involving
several
company
bank
accounts
and
directed
the
Airports
Company
South
Africa
to
prevent
movement
of
a
Bombardier
Challenger
300
jet
with
registration
number
ZS-ACT.
In
papers
filed
in
South
Africa
seeking
reconsideration
of
that
order,
Chivayo
argued
that
the
aircraft
belongs
to
Intratrek
Holdings
and
not
to
him
personally.
“The
aircraft
is
not
a
luxury
or
passive
asset.
It
is
a
functional
business
tool
utilised
in
the
ordinary
course
of
my
commercial
activities,”
he
said.
“The
order
has
the
practical
effect
of
grounding
the
aircraft.
This
disrupts
ongoing
operations,
impairs
my
ability
to
meet
commercial
commitments,
and
exposes
me
to
financial
loss
and
reputational
harm.”
He
also
attacked
the
freezing
of
company
bank
accounts,
arguing
that
the
order
effectively
shut
down
business
operations.
“The
inevitable
consequence
is
that
the
affected
entities
are
rendered
incapable
of
conducting
business,”
Chivayo
said
in
the
South
African
affidavit.
“They
are
prevented
from
operating
their
bank
accounts,
honouring
contractual
obligations,
paying
employees
and
service
providers,
servicing
liabilities,
and
continuing
with
ongoing
commercial
activities.”
“The
order
compels
a
cessation
of
trading.”
Chivayo
further
argues
that
Madzikanda
failed
to
establish
a
valid
legal
marriage
in
the
first
place.
“The
alleged
customary
union
was
not
registered
within
the
period
prescribed
by
section
47(3)
of
the
Marriages
Act,”
his
affidavit
states.
He
also
claims
that
the
relationship
was
terminated
through
the
giving
of
gupuro,
“being
the
customary
act
signifying
dissolution
in
accordance
with
Shona
culture
and
practices.”

In
a
consent
order
granted
by
Justice
Tsanga
on
April
2,
Chivayo
and
Madzikanda
agreed
that
“the
question
of
the
proprietary
consequences
of
the
termination
of
the
parties
union
shall
be
adjudicated
under
case
number
HCHF
62/2026,”
the
divorce
proceedings
filed
by
Madzikanda
in
Zimbabwe.
The
same
order
awarded
primary
residence
of
the
children
to
Madzikanda
and
directed
Chivayo
to
pay
US$5
million
for
the
children’s
maintenance,
including
US$2.8
million
within
30
days.

Chivayo’s
urgent
application
is
yet
to
be
determined.