Chivayo to pay US$5 million in custody deal, divorce case remains pending

The High Court in Harare has ordered controvery businessman Wicknell Chivayo to pay US$5 million in maintenance as part of a consent agreement resolving an urgent custody dispute with his estranged wife, Sonja Louise Madzikanda.

In a ruling handed down by Justice Amy Tsanga on April 2, 2026, the court confirmed that the parties had reached a settlement, directing that “the Applicant (Chivayo) shall pay a once off lump sum of USD 5,000,000.00 as maintenance” into an account controlled by the respondent, with oversight from Chivayo.

The order further recorded that US$2.2 million had already been invested, while “the remaining US$2,800,000.00… shall be paid… within 30 days of the granting of the court order.”

Under the agreement, Madzikanda was awarded primary custody of the couple’s minor children, with the court stating that “primary residence of the minor children is awarded to the Respondent.”

Sonja Madzikanda

However, both parents will retain joint parental rights, with the judge affirming that “both parties shall retain full parental responsibilities and rights with regard to the care and contact of the minor children.”

Chivayo was granted structured access, including one uninterrupted week each school month and weekend contact, subject to the children’s routine and wellbeing. The court emphasised that such contact “shall be consistent with the minor children’s wellbeing, security and routine.”

The ruling also places strict conditions on both parties, including a bar on taking the children out of Zimbabwe without mutual consent, stating that “neither party shall be entitled to remove the minor children from the Republic of Zimbabwe without the prior consent of the other.”

In addition to the lump sum, Chivayo will cover all reasonable living expenses for the children for 12 months, after which costs are expected to be met from returns on the invested funds.

Prior to the ruling, Madzikanda had fiercely opposed Chivayo’s urgent application, dismissing it as unnecessary and abusive.

“This application… lacks urgency,” she argued in court papers, noting that Chivayo had waited nearly two years after their separation to seek relief.

She insisted he already had access to the children, stating: “I confirm that the applicant has and is enjoying contact with the minor children on a regular basis.”

Madzikanda accused Chivayo of exaggerating claims of being denied access and conflating financial disputes with parental rights.

The dispute also exposed deep divisions between the two, with Madzikanda blaming Chivayo for prolonging the matter, citing his “inherent arrogance and over-controlling disposition.”

Despite the acrimony, the High Court’s consent order now sets out a detailed parenting framework, stressing that “the minor children’s interests shall be considered as of paramount importance.”

Their main divorce case is yet to be heard.

Madzikanda is claiming US$25 million divorce settlement among other demands which include a fleet of luxury vehicles and houses as well as a private jet.

In the present case, each party will bear their own legal costs.


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