Muzila Divorce Hearing In November

OARABILE MOSIKARE
Correspondent | Monday June 15, 2009 00:00

 

The matter was allocated three days after it went for Case Management Conference at Justice Chinhengo's chambers last week.

In May 2007, the former DC instituted divorce proceedings against her husband of more than three decades for alleged adultery. Sylvia alleged that Robert, a businessman and Moroka ward councillor had extra marital affairs with Leabaneng Moloi, a teacher at Toteng Primary School in the North East District, and Lorato Tadubna, a resident of Moroka village.

According to Sylvia's writ of summons, addressed to her husband, the marriage is in community of property and the couple married in 1973. 'The marriage between the plaintiff and the defendant has broken down irretrievably due to the fact that the first defendant (Robert), has committed adultery with the second and third defendants and the plaintiff finds it intolerable to live with the defendant', reads the declaration.

She then listed her husband's unreasonable behaviour where he has an intimate relationship with Moloi evidenced by the fact that the two have exchanged 235 Short Message Services (SMS)'s and telephone calls between March 1 to March 27, 2007 alone, and the fact that he has been in daily telephone contact with the same defendant in respect of other months not stated herein.

It is also said that Muzila has had an intimate relationship with Tadubana evidenced by the fact that the two exchanged 191 SMS's and telephone calls between March 1 and March 27, 2007 alone and the fact that Robert has been in daily telephonic contact with the same defendant in respect of other months not stated herein.

The DC also stated that her husband has lost all love and affection for the plaintiff, in that he habitually comes home late and is always angry when the plaintiff speaks to him.

This creates a barrier for any meaningful communication. Other complaints in the case are that the first defendant has denied the plaintiff conjugal rights for several months, he disposes of the parties' livestock and also spends money in large amounts without consulting the plaintiff, despite the fact that the parties are married in community of property.

The former DC prays for an order dividing the parties' matrimonial estate. Lastly, she prays for the costs of suit and any further or alternative relief. Against Moloi, the wife seeks P50, 000 damages for insult or contumelia and P60, 000 for 'loss of consortium'.

She also prays for costs of the suit and, or further and alternative relief. Against Tadubana, she seeks P40, 000 for insult and P50, 000 for loss of consortium. She also seeks costs of suit and further and alternative relief.

Gabriel Komboni represents Sylvia while Robert is represented by M.K Moesi and Company.

Moloi is represented by Morgan Moseki, while Tadubana is represented by Nfila Attorneys.