Mwika wants the Court to cite him for contempt of court for allegedly failing to comply with the court’s order dated April, 2019, which ordered Sampa to be paying maintenance for the child of the family.
In an inter-parte summons for leave to issue application for an order for committal, Justice Nicole Sharpe-Phiri said she would hear the application by Mwika’s counsel against Sampa for breaching the court’s ruling in chambers on Monday, July 29.
“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 April 23, 2019, whereby, the alleged contemnor was ordered to pay maintenance for the child of the family,” Justice Sharpe-Phiri stated.
In this matter, Mwika had recently asked the Lusaka High Court to order the Lusaka City Council (LCC) to be paying K7,000 every month out of the mayor’s earnings for child maintenance.
She had disclosed that since the presentation of the petition for the dissolution of the marriage, Sampa had declined to make any financial contribution towards the child’s monthly needs and also declined to pay her current school fees.
The Court had ordered Sampa to be paying maintenance for his daughter of K7,000 monthly, but according to Mwika in an alleged contempt of court, Sampa had neglected to comply with the Court’s order.
It had further ordered that Sampa pays the balance of US $13,000 outstanding school fees at the American International School (AIS).
He was also ordered to be providing a driver to pick up the child from school as well as putting the child on council medical scheme to which he was entitled to by virtue of being a mayor.
But according to an affidavit in support of ex parte summons for an attachment of earnings order filed in the Lusaka High Court, Mwika stated that despite the Court ordering Sampa to be paying for child maintenance, he had allegedly failed to comply with the ruling of the Court to pay the money he was ordered for the month of May and June, 2019.
She stated that Sampa was, therefore, in arrears of sums amounting to K14,000, adding that he had further failed to pay the balance of US $13,000 school fees at the AIS.
Mwika stated that as a result of Sampa’s failure to settle the balance at the said school, she had to pay a sum equivalent to US $3,000, otherwise the child would have been chased from school.
She claimed that despite various requests made through her lawyers to Sampa, he had failed to settle the amount due as per court ruling.
Mwika stated that Sampa intended to continue disobeying the Court ruling unless compelled to do so by the Court.
For this reason, Mwika wants the Court to further order Sampa to make payments out of his earnings in accordance with the Affiliation and Maintenance of the Children Act.