Times Of Swaziland: DIVORCED MAN DEMANDS  51 CATTLE FROM EX-WIFE

DIVORCED MAN DEMANDS  51 CATTLE FROM EX-WIFE
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BY MBONGISENI NDZIMANDZE on 18/12/2017 08:52:00


MBABANE – Hardly four months after being divorced by his wife, a businessman
has returned to demand 51 cattle from the former.
In the event his former wife and her family fail to refund him the cattle, the
businessman, Fundie Daniel Dlamini, wants the court to direct them to  pay  him 
E550 000. Dlamini of Kwaluseni has since instituted legal proceedings at the
High Court against his former wife Bonani Veronica Sikhondze and her elder
brother Rabo Sikhondze. In his particulars of claim, Dlamini stated that he was
married to Bonani in terms of Swazi Law and Custom on September 30, 2000.
He mentioned that the marriage between them was dissolved by the High Court at
his former wife’s insistence on August 18, 2017. According to Dlamini, he had
paid a herd of six cattle as lobola (bride price) to the Sikhondze family. The
businessman alleged that the herd consisted of four female and two male cattle.
He told the court that the cattle were accepted by Rabo as the head of the
Sikhondze family and on its behalf. “In terms of the Swazi Law and Custom on
the dissolution of the marriage at the instance of the wife, the latter was
obliged to refund the man the cattle together with progeny which had been paid
as dowry or lobola,” submitted the businessman.
Dlamini averred that it was common cause or knowledge that under normal
circumstances, a cow gave birth at least once per year and that at least three
of the cows gave birth to two female heifers and they in turn gave birth to at
least two female heifers. “In the circumstances and over 17 years, the cattle
would therefore have multiplied and are now 51 in number,” submitted Dlamini.
These are allegations contained in particulars of claim filed by Dlamini whose
veracity is still to be tested in court and his former wife and her family are
yet to file their papers in the event they are opposing the claim. The
businessman went on to inform the court that despite lawful demand, the
defendants (former wife and her elder brother) had failed or refused to return
the cattle together with the progeny. Bonani and her brother Rabo have been
given 21 days to file their papers in the event they were opposing the
application. They were further informed that in the event they wanted to file
and serve the notice, a judgment as claimed might be given against them without
further notice.
The order declaring the Swazi Law and Custom marriage between Dlamini and his
former wife dissolved was issued by Judge Mzwandile Fakudze on August 18, 2017. 
Judge Fakudze also directed the Registrar of Births, Marriages and Deaths (BMDs)
to expunge from the records the entry relating to the marriage between Dlamini
and Bonani. The court further directed that a property situated at Zakhele
Township in Manzini should be registered in the name of Bonani at the Deeds
Office. The current matter is still pending in court and appearing for the
businessman are lawyers from Malinga and Malinga law firm in Manzini. In an
almost similar case, Swartz Manyeva Dlamini, who is a teacher, is demanding 24
cattle from his former wife Ruth Thembisile Sibiya after she allegedly deceived
him that she was a virgin. In his application, Swartz claimed that Sibiya lied
that her gaining weight was due to excitement about the marriage. He claimed
that she did this with the full knowledge that she was impregnated by another
man.