The Lusaka High Court has set July 29, 2019 for inter-parte hearing of an application by Lusaka Mayor Miles Sampa’s ex-wife to cite him for contempt of court for defying a court order to pay a monthly sum of K7, 000 as child maintenance.
According to an inter parte summons for leave to issue application for an order for committal signed by High Court judge Sharpe Phiri, the parties will appear before her in chambers for hearing of an application against the former Matero Constituency member of parliament for his breach of the April 23, 2019 ruling where he was ordered to pay maintenance for the child of the family.
Sampa’s ex-wife Mwika Mwenechanya, an Economist at Bank of Zambia, is seeking an order of the Lusaka High court to compel the Lusaka City Council (LCC), as Sampa’s employers, to be making monthly payments of K7, 000 from his earnings for maintenance of their child.
This is in a matter where she is demanding a sum of K30,300 as child maintenance.
The Lusaka High Court had ordered the former deputy minister of commerce to be maintaining his daughter at a monthly fee of K7, 000 but he has allegedly neglected to comply with the court order.
The court had also ordered Sampa to pay the balance of US$13, 000 outstanding school fees at the American International School ( AIS ) and that he pays a monthly sum of K7,000 towards the monthly expense of the child before the 6th day of every month.
Sampa was also ordered to provide a driver to ferry the child to and from school and that he should register her on the council medical scheme which he was entitled to by virtue of him being a mayor.
According to an affidavit in support of ex parte summons for an attachment of earnings order, Mwenechanya stated that the ruling in which the court ordered Sampa was served to him through his advocates.
She stated that the alleged contemnor has failed to comply with the ruling of the court to pay the money he was ordered for the months of May and June, 2019 .
“The alleged contemnor is in arrears of sums amounting to K14, 000 and has further failed to pay the balance of US$13, 000 school fees at the American International School,” Mwenechanya stated.
“As a result of the respondent’s failure to pay the outstanding balance, I had to pay a sum equivalent to US$3000 to the school otherwise, the child would have been removed from school.”
She stated that despite several reminders through her lawyers, her former husband has failed to settle the amount due as per court ruling constantly to the detriment of the child.
“The alleged contemnor is in full time employment as a Mayor of the city of Lusaka and he is financially able to comply with the ruling of the court,” she argued.
“The alleged contemnor’s disobedience is causing hardship to the child of the family and myself as we are unable to meet the family financial obligations to sustain our daily needs.”
The petitioner stated that Sampa intends to continue disobeying the court ruling unless compelled to do so by the court.
Mwenechanya is therefore seeking an order of the court to compel the respondent’s employers to make payments out of his earnings in accordance with the affiliation and maintenance of children Act.