Gospel star Xolisa Kwinana is facing a legal battle after his former partner accused him of being a "deadbeat dad." The woman, whose identity is being withheld to protect the children, has taken the popular musician to the Khayelitsha Magistrate's Court in Cape Town, filing a maintenance suit against him last month.
According to court papers, the woman is seeking R7,000 a month in child maintenance for their two children, both under the age of three. The documents detail her request for R4,000 for their three-month-old and R3,000 for their 18-month-old. News of the court case became public after court officials from Khayelitsha sought help from an Eastern Cape police boss to serve Kwinana with a subpoena at a performance in Gqeberha.
The court officials were alerted to Kwinana's whereabouts by anti-gender-based-violence activist Nosipho Daniels from the Malihambe Women Outreach Non-profit Organisation. The email to the police, authored by maintenance officer Anele Zwelonke, requested their assistance: “good day General. Please find the attached subpoena for Xolisa Kwinana, who will be in Port Elizabeth [at the} Boardwalk on Sunday. Please serve on behalf of our court, and in return, please furnish the court with the signed copy of the subpoena. We have received your details from V Daniels. Your co-operation in this regard will be highly appreciated,” the email read.
A Frayed Relationship and Court Summons
Despite the plea, it appears the police did not serve the musician with the papers at the concert. A source close to both Kwinana and the mother of his children claimed that the musician has not provided financial support for the children since the couple's separation. The source stated that the two broke up after the woman accused him of physical and financial abuse. "When they broke up, she was pregnant with his child. She left and went to stay at a shelter. When she gave birth to the child about three months ago, he came to see the child, but has not contributed money to support the children."
The insider further explained the woman's decision to go to court: "She then went to court to report him for failing to maintain the children. The court officials issued a subpoena for him to appear in court on October 1, but they did not know his address; hence, they asked the police to serve him during the show in Port Elizabeth." The source also expressed frustration with the police: "But the police did not do that when we asked them. They told us that they did not receive the subpoena."
Police later sent a text message to Daniels, stating that they had reached Kwinana by phone and that he had agreed to be served with the subpoena. The message read: “Xolisa also mentioned that he was already communicating with a Zuko or Luzuko from Khayelitsha court, where he was committed to attend the court proceedings (sic). He has proof of their Whatsapp communication. I have asked him to sign the return of service once he returns tomorrow.”
In response to the allegations, Kwinana expressed his shock, stating, “That scares me because I’m supporting my children and will prove that in court.”
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