Divorcee fights for P1m from ex-husband

Setshego Gaobolwe | Friday July 25, 2014 17:07

The two were married in community of property in 2000 and divorced in 2006. When they were in voluntary judicial separation prior to their divorce, they were sent for an assets inventory. It is during this time that the wife, together with her lawyer, Isaac Lesetedi [who is now a judge of the Court of Appeal] discovered that her ex-husband owns a company with a fleet of six cars and P1.1 million which he never disclosed to his wife. The monies were held in a trust account with Helfer & Co.

Thebe’s lawyer Morupi Mbehe argued that his client was not obliged to disclose these assets to his ex-wife as he had accumulated them during their separation.

“The respondent had also not accounted and declared how she earned an income and used her earnings for the two-year period of the separation which was part of the joint estate, thus she cannot be allowed to approach the fountains of justice,” he said.

Joyce’s lawyer Joseph Akoonyatse argued that his client has the right to demand her share since her husband intentionally kept the money from her knowledge.

“He did not disclose the P1.1million and even after that he wanted to sue Helfer & Co without the wife. The money was used without my client’s knowledge. She is entitled to a fair share of P550 000,” he said.  Akoonyatse said wrong precedence would be set if his client loses because the court has to consider that the couple was married in community of property. 

Court of Appeal judges Ian Kirby, Dr Seth Thum and Lord Arthur Hamilton cautioned that the claim put before the court was for damages and not the mentioned money.

 “The money had already been lost so there was nothing to share,” stated Kirby.

Joyce’s lawyer quickly responded that his client suffered damages on the basis of non-disclosure of all the assets on her husband’s part. Judgment will be handed on July 31.