THE Lusaka High Court has ordered for an inter – parte hearing of an application Miles Sampa’s ex-wife, Mwika Mwenechanya, to cite him for contempt for his failure to pay K7,000 monthly as child maintenance. According to an inter-parte summons for leave to issue application for an order of committal, judge Nicole Sharpe-Phiri said she would hear both the alleged contemnor (Lusaka mayor Sampa) and Mwika on July 29, in chambers.
Mwenechanya, an Economist at the Bank of Zambia, wants the court to cite Sampa for contempt of court for failing to comply with a court order dated April 2019, which compelled him to pay maintenance for the child of the family.
” Let the parties concerned attend before honourable judge Sharpe Phiri in chambers on July 29, 2019 for the hearing of an application by counsel against the alleged contemnor for his breach of the ruling dated 23 April 2019 whereby, the alleged contemnor was ordered to pay maintenance for the child of the family,” reads the summons.
The applicant would rely on the affidavit filed in support herewith. Mwenechanya had prayed to the court to compel the Lusaka City Council, as Sampa’s employers, to be making payments of K7,000 monthly out of his earnings for maintenance of the child of the family. Following the dissolution of the marriage between the pair, the court had ordered Sampa to be paying more than K30,000 monthly for child maintenance of their daughter, among others. The court further ordered that the mayor pays the balance of US$13,000 outstanding school fees at the American International School and that he pays a monthly sum of K7,000 towards the expenses of the child before the 6th day of every month.
Sampa was also directed to provide a driver to be ferrying their daughter to and from school as well as to register her child on the council medical scheme as his entitlement by virtue of the mayoral position he had undertaken. However, Mwenechanya stated that Sampa had defied the court order. In an affidavit in support of ex-parte summons for an attachment of earnings order, Mwenechanya stated that Sampa had allegedly failed to comply with the ruling of the court to pay the money he was ordered for the month of May 2019 and June 2019.
Mwenechanya stated that Sampa was therefore in arrears of K14,000 and has further failed to pay the balance of US$13,000 school fees at the American International School. She said she had to pay a sum equivalent to US$3000 for the child’s school fees otherwise she would have been chased from school because of Sampa’s failure. Mwenechanya added that despite various requests made through her lawyers, Sampa had failed to settle the amount due as per court ruling to the detriment of the child. She contended that Sampa was in full-time employment as a mayor of the city of Lusaka and he was financially able to comply with the ruling of the court.
Mwenechanya said that Sampa’s disobedience was causing the child of the family and herself hardship because she was unable to meet the family’s financial obligations to sustain their daily needs.
“The alleged contemnor intends to continue disobeying the court ruling unless compelled to do so by the court,” she said.
“It was for the reason that the applicant wants the court to further order the alleged contemnor to make payments out of his earnings in accordance with the affiliation and maintenance of children Act.”