A police captain in an acrimonious divorce from her magistrate husband petitioned the Western Cape High Court for R10 200 monthly maintenance and a contribution to her R250 000 legal fees.
Also read: Double life sentences for man convicted of Albertinia girls’ murders
The estranged couple married in October 1996 and have three children together.
In 1998, the husband resigned from his position as prosecutor in Qonce, Eastern Cape, and the family relocated to Paarl, Western Cape.
She was a constable at the time, and they were able to live with her husband’s parents while she worked.
She purchased a home in 1999 and relocated with her family to their new location. She stated that this was a particularly difficult time financially because she was the sole source of income.
However, after some time, the husband secured a position as a prosecutor and was later appointed as a magistrate in Wellington.
She described her marriage as tumultuous, claiming that from 2005 to 2006, her husband had an affair and had a child in that relationship.
Unleash your inner explorer with these incredible car deals, all priced under 100k. Find car listings here.
She claimed that this caused her to become depressed, and their relationship deteriorated.
Furthermore, she claimed her husband physically and emotionally abused her. She added that his erratic behaviour would sometimes force her to flee their home and seek refuge with her family.
She claimed that during one of the fights, she could not flee because her husband had hidden her car keys. To escape him, she locked herself in the bathroom, but he broke through the door.
The couple divorced in 2014 but continued to live together; she claimed the husband suggested the divorce so that they could access his pension fund.
Following the divorce, they received more than R6.4 million, which they used to pay off their debts and fund their lavish lifestyle. They remarried in 2016.
Their relationship stalled in 2022, and the wife moved out of the house. She stated that she lived out of her car and her office. She eventually gained the courage to ask her friend for accommodation.
She eventually got a job transfer to Queenstown, Eastern Cape, and her employer provided her with housing, but she still has to pay rent.
She said she earns R25 000 and has five loans totalling around R15 000. She incurred the debts while relocating.
With the remaining funds, she must pay rent, groceries, water and electricity, fuel, three clothing accounts, medical expenses, legal fees and so on.
She stated that she has a R10 134 shortfall.
In his response, the husband stated that the wife was ‘delusional’ for believing that they lived a lavish lifestyle because they rarely ate out and only did so when they received bonuses or celebrated birthdays, and they split the bill.
He claimed that his wife wore expensive brands and had approximately six clothing accounts, whereas he only had two.
He admitted to fathering a child outside of marriage, but claimed it was in retaliation for his wife’s affair with a man from Kimberley in 2005.
He denied suggesting a divorce for financial gain, claiming their marriage was in shambles at the time.
He accused his wife of having a drinking problem and abandoning him and the children on weekends to go to nightclubs.
He denied being abusive. Instead, he said the wife was the one who was abusive towards him because, at one point, she attacked him in front of his family members, and he was forced to defend himself by slapping her.
Regarding the bathroom incident, he admitted to kicking the door and said he did this to save his highly intoxicated wife, who wanted to commit suicide by taking an overdose of sleeping pills.
He said they were having an argument about her drinking problem.
Cape {town} Etc discount: Enjoy magnificent views of Cape Town in a Hopper for R1 565. Get the deal here.
In addition, he said every time she left their home, it was through her own volition and she did this to get away from her duties as a mother and wife.
Through his counsel, the husband said he earns over R47 000 and he was not refusing to pay maintenance however, he has been diagnosed with thyroid cancer and most of his earnings cover his medical bills.
He said he even had to assume a lesser position in Paarl Magistrate Court due to his sickness.
Judge Babalwa Mantame noted that the husband didn’t provide any supporting documentation to support his evidence.
‘In the absence thereof, this Court will base its findings on the evidence provided. The husband has not explained how his personal loans came about…With regard to the claim for maintenance, I am satisfied that the wife has to receive some maintenance contributions, more especially that she incurred extra expenses necessitated by her relocation,’ said Judge Mantame.
Judge Mantame ordered the husband to pay a monthly fee of R5 500 towards spousal maintenance.
He also has to pay R187 500 towards her legal costs during the divorce.
In addition, he has to pay the application costs.
Also read:
Western Cape High Court to see alleged criminal kingpins stand trial
Picture: Zoriana Stakhniv / Unsplash