The court ordered the popular artist to pay US$200 per month in maintenance for the minor child, effective from June 30, 2023. In addition to the monthly payment, Magacha is also required to cover half of his daughter's school fees.

This financial obligation is set to continue until the child reaches the age of 18 or becomes self-sustaining, whichever milestone occurs first.

The court's decision comes after the child's mother, identified as Magacha's former partner, filed an application seeking a maintenance order. She had initially claimed a higher amount of US$250 per month to cover various aspects of their daughter's expenses.

Breakdown of the Maintenance Claim

The mother's claim for US$250 per month was meticulously itemized to reflect the perceived needs of the six-year-old. Her proposed breakdown included a US$50 contribution towards the house aide responsible for the child's care, US$50 for the child's transportation to school, and US$70 allocated for food and contributions towards a lunchbox.

The remaining US$80 was requested for the child's developmental activities, citing examples such as swimming lessons. The mother also highlighted that the requested sum would assist her in purchasing clothing for their daughter.

The case reached the Harare Civil Court as the mother sought legal intervention to compel Magacha to fulfill his paternal responsibilities and contribute financially to their child's welfare.

Allegations of Abandonment and the Mother's Stance

In her affidavit presented to the court, the mother accused Magacha of having largely abandoned his daughter. She claimed that his alleged detachment was so significant that he had seemingly forgotten the child's correct age, resulting in him celebrating the wrong age during a recent birthday.

Recounting the history of their relationship, the mother stated that she and Magacha were romantically involved in 2018, a relationship that led to the birth of the child. Their relationship, however, ended when she was approximately two months pregnant.

According to her testimony, following the child's birth, Magacha had initially agreed to a co-parenting arrangement, committing to share the responsibilities for meeting the baby's daily needs. She claimed he undertook to contribute by covering school fees, medical expenses for serious illnesses, and providing a monthly payment of US$100 to cover other costs, including food.

The mother, however, alleged that Magacha ceased fulfilling these agreed-upon obligations in November 2023. Since that time, she claimed, he had not contributed anything towards their daughter's upkeep.

In her affidavit, she emphasized the legal principle of shared parental responsibility. "I am advised by my legal practitioners that the obligation to maintain a child is not contingent upon one parent only, but it is an obligation of both parents of the minor child," she wrote.

She further contended that Magacha's failure to maintain the child was "illegal and inconsistent with the law."

Addressing his financial capacity, the mother asserted that Magacha, being a renowned gospel musician and businessman, consistently generates income from the entertainment industry, indicating his ability to provide for their child.

She claimed that during their relationship, Magacha could earn approximately US$1500 for a single concert. She concluded that her repeated attempts to follow up on his financial contributions had been met with unresponsiveness, which she argued was detrimental to the minor child’s interests.

Magacha's Defence: Income, Expenses, and Counterclaims

In his opposing affidavit, Sabastian Magacha presented a different picture of his financial situation and his involvement in his daughter's life. He disputed the mother's claims of complete abandonment and his financial capacity as described by her.

Magacha stated that his monthly income as a gospel artist is approximately US$500.

He maintained that he is not formally employed and that his music career is his sole source of income, denying having other business ventures that generate profit. To support his claim regarding his income from music royalties, he attached a statement from the Zimbabwe Music Rights Association (ZIMURA), which he stated pays artists a yearly, once-off payment for songs played on air.

According to him, his net revenue from ZIMURA for the year 2024 was US$120.

He also outlined his financial responsibilities beyond the child in question. Magacha stated that he has a wife and two other minor children who are dependent on him.

He listed his monthly expenses, including US$250 for rentals and US$70 for food and groceries for his household. Based on his declared income and existing expenses, Magacha argued that the maximum amount he could afford to contribute towards the maintenance of his six-year-old daughter was US$100 per month, which he proposed would be inclusive of all costs.

Furthermore, Magacha countered the mother's claim of non-contribution since November 2023. He argued that he had, in fact, been taking care of his daughter up until last year and attributed the lack of recent contributions to the mother allegedly refusing to accept the support he offered.

Despite the conflicting accounts regarding past contributions and financial capacity, the court ultimately made its determination, ordering the US$200 monthly payment plus half of school fees, effective from June 30, 2023, until the child reaches adulthood or self-sufficiency.

The ruling underscores the court's role in ensuring both parents contribute to a child's welfare, based on assessments of need and ability to pay.