The former wife of Batsirai Matiza, son of the late minister Joel Biggy Marisa, has approached the High Court seeking a rescission of a judgment that granted shared custody of their 14-month-old child.
Kernisha Shiela Hunzwi has filed an urgent chamber application for a stay of execution, pending the variation of consent terms contained in a divorce order issued earlier this year.
According to court documents, the couple was granted a decree of divorce by consent on February 12 under Case No. HCHF216/26. The order incorporated a consent paper signed by both parties on January 29, which provides for joint custody of the minor child, with custody alternating weekly every Sunday before 1800 hours.
However, Hunzwi now argues that she signed the consent agreement under duress and that the arrangement poses a risk to the health and well-being of the infant.
In her application, Hunzwi states that the child is still breastfeeding and is forced onto artificial milk during the weeks spent with Matiza, a situation she claims is detrimental to the child’s health.
She further alleges that the infant is exposed to unsuitable care arrangements while at Matiza’s residence, claiming that he is often absent and leaves the child in the care of a maid.
“Realising the risk to the health and life of the infant child was not worth her fear of the respondent, the applicant engaged the respondent, who appeared to be accepting to the variation of the custody terms,” Hunzwi submitted in her affidavit.
Hunzwi told the court that while she was preparing her application for variation on March 8, Matiza indicated that he intended to enforce the existing custody arrangement for his scheduled week.
She contends that this development prompted urgent legal action after Matiza allegedly reneged on a mutual understanding to suspend the alternating custody arrangement pending formal variation by the court.
“When that need to act arose, the applicant acted with urgency and treated the matter as urgent. It is in the best interests of justice that this matter be dealt with on an urgent basis as special circumstances exist,” her lawyers submitted.
Hunzwi maintains that she has strong prospects of success in her application to vary the custody terms, arguing that the current arrangement is not in the best interests of the child, particularly given the infant’s age and dependence on breastfeeding.
She also alleges a pattern of intimidation and coercion by Matiza, including threats of violence and financial withdrawal.
In her affidavit, Hunzwi claims she was escorted under guard to Borrowdale’s Sam Levy Village to sign the consent papers and was instructed to remain indoors throughout the divorce proceedings.
“The respondent and his lawyers were the ones with access to my IECMS portal and I was not allowed to access it,” she submitted, citing WhatsApp communications as evidence.
She further alleges that she was denied the opportunity to consult her own legal practitioner and was pressured into signing an affidavit of waiver.
“I was under much pressure that I could not exercise independent judgment,” she stated.
Hunzwi is seeking a variation of the custody order, specifically challenging the weekly alternating arrangement, which she argues is unsuitable for a nursing infant.
The matter is currently pending before the High Court.
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