A 56-YEAR-OLD man from Bulilima has been awarded custody of his two children aged three and five years old after it was established that his ex-wife was having se_xual intercourse with her lover in the presence of one of the minors.
Mpostoli Moyo who lives in Natane area won the custodial battle against his 25-year-old ex-wife, Sithembile Nkomo.
Nkomo had refused to part with her children saying they were too young to live away from her, forcing Moyo to approach the courts.
Plumtree magistrate Gideon Ruvetsa concluded that Nkomo was unfit to raise the two minors and the two siblings were better off living with their father.
“I’ve ruled that Moyo will assume custody of the two children while under the supervision of a probation officer.
The probation officer will be responsible of monitoring their well- being to ensure that the actions of both parents may not expose the children to any harm.
“The mother, however, is guaranteed unconditional access to her children who will now be staying with their father,” he said.
Ruvetsa said while Nkomo had argued that the children had to live under her care as they are too young to be separated from their mother, the court had considered that Nkomo was not working.
He said a report which had been compiled by a probation officer had shown that Nkomo was an irresponsible mother. Ruvetsa said Nkomo fell in love with another man and deserted her husband and eldest child whom she left with her seven-year-old half brother.
He added that the court had also discovered that Nkomo was living in an environment which was not suitable for the minor children.
“In cases like these the interests of children are of paramount importance. Nkomo left one of her children alone with a seven-year-old while she is living with the other in a one roomed house and performs se_xual activities in his presence.
“The court has also concluded that the welfare of the two children will be best catered for if custody is granted to the father,” said Ruvetsa.
Moyo had raised concern that Nkomo was living in a one roomed house with her boyfriend Phinias Ndebele.
He accused his ex-wife of having se_xual intercourse with her boyfriend in full view of their three-year-old son.