The High Court today finalises on the separation of the gospel couple, Sabastian Magacha and wife Nomsah Ndikumwe-Magacha, as the two agreed to the nullification of their union by signing a consent paper to avoid a contested divorce, today’s Newsday reported.
The singer divorced traditionally with Nomsah earlier in May.
Nomsa recently petitioned the High Court to end their six-year marriage, claiming she had lost love and affection for the musician and that the union was beyond restoration.
Magacha did not oppose the application, and the matter is set to be finalised today.
“Whereas, Nomsah Tatenda Magacha (nee Ndikunwe) and Sabastian Magacha were married to each other in terms of the Marriage Act (Chapter 5:11) on May 25, 2012 at Harare and the marriage still subsists, and whereas, the plaintiff (Nomsah) has instituted proceedings against the defendant(Magacha) in the High Court of Zimbabwe claiming a decree of divorce, and whereas the defendant has no intention of opposing the plaintiff’s claim for a decree of divorce, now therefore, the terms of the agreement are recorded as follows: a decree of divorce on the grounds of irretrievable breakdown of the marriage is hereby agreed to be granted by this honourable court,”
said the 1+1 hitmaker in the consent paper.
He said during the subsistence of the marriage, the couple acquired none valuable property and as such, no property sharing issues were raised.
In her declaration, Nomsah said the background of the separation was that she had lost love for the musician so much that divorce was inevitable.
“The marriage between plaintiff and defendant has irretrievably broken down to such an extent that it can no longer be restored to a normal marriage relationship. In particular, the parties have not been living together as husband and wife for one year now and consequently, have lost love and affection for each other,” she said.
While she has established the loss of affection for each other as the reason for calling their union over, unconfirmed but reliable sources close to the pair revealed that Magacha had been a casualty of adultery although he could not be drawn into a public pronouncement.
“Saba and wife have been on separation for the past nine months and all this time they have been going to functions together when in actual fact they had already parted ways. Nomsa went to Saba’s album launch after he (Magacha) had begged her to come just to protect his image but otherwise their marriage had collapsed a long time ago.
All that is happening now is just a formality but the honest truth is their marriage ended nine months ago when Nomsa moved out of their matrimonial home.
From the family meetings that were being done by the Magacha and Ndikumwe families, the issue of infidelity was topical as Nomsa was being accused by Saba to have been involved in an adulterous affair.
Saba has evidence of the affair that Nomsa had and the other thing that led to their divorce was that Magacha was not in good books with Nomsa’s sisters they had a lot of confrontations before.
Their issues could have been resolved if Saba had good relations with his in-laws but it was clear that they didn’t like him,”
the source told a local newspaper in May.
The couple had no children.
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