Muzilas sign divorce settlement

OARABILE MOSIKARE
Correspondent | Thursday August 6, 2009 00:00

 

The development came after Robert withdrew his opposition to the divorce action filed by his wife. Sylvia commenced the divorce action on May 29, 2007 against Robert, a Moroka councillor-cum-businessman; Leabaneng Moloi and Lorato Tadubana. Sylvia is a Botswana Democratic Party (BDP) Women's Wing deputy chairperson, while Robert is a former North East District Council vice chairperson. The two signed the divorce settlement agreement and filed it last April.

Justice Moses Chinhengo granted the divorce saying it was proper that the two part ways after Robert withdrew his defence in the proceedings. However, the case between Sylvia and the two other co-defendants is still on-going. 

'The first defendant (Robert) having withdrawn his opposition to the relief sought by the plaintiff there was no other impediment to the plaintiff obtaining the relief she has sought against him. The first defendant's withdrawal of his plea means that, in so far as his case with the plaintiff is concerned, he was admitting adultery with the second and third defendants as alleged in the plaintiff's declaration. With that withdrawal the way was clear for the plaintiff to obtain the relief she was seeking against him,' said Chinhengo.

The judge said Sylvia highlighted several incidents of her husband's propensity to committing adultery. She cited the allegations made against Moloi and Tadubana and related three other incidents of adultery, which have come before the court. Two of the defendants have reached an out of court settlement with Sylvia for payment of damages. One has agreed to pay her P13,000 and the other P19,000.

The judge emphasised that after Robert withdrew his plea, the grounds of divorce were established. 'We are dealing with grown up, mature individuals and the positions they have adopted appears to me to be eminently reasonable,' he said.

He added that the marriage between the parties was in community of property and an order that the matrimonial property be divided equally between them naturally follows unless some relief to the contrary is justified. The judge noted that there are no minor children in the marriage and therefore any order at this stage would not prejudice the offsprings.

He said the marriage between the parties has broken down irretrievably on account of Robert's adultery. 'There is a good basis for granting a decree nisi for divorce in terms of section 15 (1) (a) of the Matrimonial Causes Act. The plaintiff has not persisted with her claim for costs against the first defendant,' said Chinhengo.