NPA Warns Maintenance Orders Cannot be Ignored or Changed Privately

By Kudzaishe Chimonera

The National Prosecuting Authority of Zimbabwe (NPAZ) has warned that people subject to maintenance orders cannot unilaterally change or disregard them even where circumstances have changed or private agreements have been reached.

The warning follows a High Court ruling in Bulawayo that overturned the acquittal of Nkonzo Ndebele who had been cleared by the magistrates’ court of failing to comply with a maintenance order.

According to the NPAZ, the Prosecutor General successfully appealed against the acquittal resulting in the High Court entering a guilty verdict against Ndebele.

The matter has now been sent back to the Magistrates’ Court to determine the outstanding maintenance arrears before sentencing.

“The High Court sitting at Bulawayo reaffirmed that a valid maintenance order remains binding and enforceable until it is formally varied or set aside by a competent court,” the NPAZ said.

The prosecution authority said the ruling clarified that an informal agreement between parties could not override an existing maintenance order.

It also said changes in currency legislation did not automatically cancel or suspend obligations imposed by a court.

“Similarly, subsequent changes in currency legislation do not automatically suspend or extinguish an obligation imposed by a maintenance order,” said the NPAZ.

The authority said the High Court further found that disputes over the calculation or amount of maintenance arrears did not remove criminal liability for failing to comply with a valid court order.

“Such disputes may properly be addressed when determining the amount of arrears and the appropriate sentence,” the NPAZ said.

The High Court subsequently set aside the magistrates’ court acquittal and entered a guilty verdict against Ndebele.

“The matter was remitted to the Magistrates Court for determination of the quantum of maintenance arrears and thereafter, sentencing,” said the NPAZ.

The prosecution authority said the judgment reinforced the principle that a maintenance order remains enforceable until it is formally changed or cancelled by a competent court.

This means parties cannot rely solely on private arrangements to alter their obligations under an existing order.