MBABANE-A sister to former Miss Swaziland Nomphilo Mcina has been saved from being sent to jail for contempt of court.
Jabulile Mncina, an elder sister to the former beauty queen was taken to the High Court by the father of her child Zweli Zulu of Ngwane Park.
In his application before court, Zulu stated that he and Mncina have a minor child whose name will not be revealed for ethical reasons. Zulu stated he did not see eye-to-eye with the mother of his child as of December 2009. Mncina took him to court where she wanted an order that he returns the child to her. At that time the child had paid a visit to his father.The court granted Mncina custody of the child on December 11, 2009 but Zulu was also granted visitation rights to the child twice a month.
Zulu stated that when the court granted him the visitation rights, it stated that he had to do so on weekends and that the visits should be agreed upon by both parents. Zulu alleged that from the date the order was granted, he had problems when fetching the child as Mncina allowed him to have access to the child only on the last two weekends of the month.
"The right to the visitation of my child proved to be short-lived as, in February, Mncina refused to hand to me my son when I went to collect him. I had gone there on the last two weekends of the month. This again happened in March, April and May," Zulu said.
Zulu claims that as a consequence, he has been denied his visitation rights for four successive months.
"This has not only prejudiced the relationship I had with my son but has also prejudiced my son in that he has not been able to see his father. I am now unable to monitor my son’s growth despite the fact that the court confirmed my visitations. Mncina’s conduct is not in the interest of the child and she is in direct contravention of the order of the court," Zulu said.
Zulu then approached the court where he wanted Mncina to be sent to jail for 30 days or as the court may deem fit. He also wanted an order directing Mncina to release the child to him every last two weekends of the month from June 18, 2010. The court ruled in Zulu’s favour which saved Mncina from being sent to jail.
Zulu was represented by lawyer Lloyd Mzizi and Mncina was represented by Zonke Magagula Attorneys when the matter appeared before court.