ADVOCATE MABILA’S WIFE FILES FOR DIVORCE

MBABANE - “I no longer have a desire to continue with this marriage.” This submission was made by High Court Registrar Siphiwo Mabila (born Masuku) in her application in court for an order declaring her marriage to prominent Advocate Mduduzi ‘Tsotsi’ Mabila properly dissolved in terms of Eswatini Law and Custom.

She also wants the court to direct the Registrar of Births, Marriages and Deaths to cancel the entry of the marriage from the registry.
Siphiwo and Mduduzi, who are both lawyers by training, got married on January 2, 2011in terms of Eswatini Law and Custom at Mangwaneni in the Hhohho Region.

One child was born of the marriage and Mduduzi had four other children from his previous relationships. They established their matrimonial home at Thembelihle Township where they stayed together as husband and wife. Mduduzi paid lobola in March 2018.

According to minutes of a meeting that was held on January 26, 2019 at the Mabila homestead in Jubukweni between the Mabila and Masuku families, Siphiwo told the two families that she no longer wished to continue with the marriage and stated that she was no longer in love with Mduduzi.  The minutes stated further that the Umyeni asked Mduduzi to respond and he immediately said ‘Ok’.

Siphiwo said it was during this meeting that she expressed her desire to end the marriage and the families allegedly agreed and that by consent it should come to end.
Narrating events that led her to want out of the marriage, Siphiwo submitted that following their union, she had numerous differences with Mduduzi, allegedly as a result of his infidelity.

She alleged that within two years after they got married, Mduduzi was involved in an extramarital affair with one of his employees, who was also employed as an articled clerk at his law firm, Mabila Attorneys.

These allegations are contained in an affidavit which was filed on May 3, 2019, whose veracity is still to be tested in court. Siphiwo is represented by Mbhekwa Mthethwa of C.J. Littler and Company in the matter. The advocate is yet to file his responding papers. Other respondents in the matter are the Registrar of Births, Marriages and Deaths and the attorney general.

Reported

Siphiwo submitted that she reported the extramarital affair with the employee to the Masuku and Mabila families for their intervention. She said when this happened, she was allegedly subjected to severe emotional and physical abuse.
She stated that in a bid save the marriage, her family suggested counselling to which Mduduzi allegedly flatly refused and she proceeded to attend the sessions on her own.

Siphiwo said sometime in 2015, she began to notice signs of depression and or stress on her husband which allegedly affected his work such that he missed his appointments with clients. She said he also missed court appearances because he was allegedly intoxicated all the time.

Her efforts, according to her, to speak to him, allegedly hit a snag. Siphiwo said even her husband’s friends failed to get through to him when she approached them for assistance.

The High Court registrar further submitted that this went on until they began to experience severe financial constraints and she reported the issue to their families who tried to intervene. Siphiwo informed the court that she suggested to Mduduzi that he should get a stable job since he had dependents but he allegedly refused.

“May I add that we had, at this point and with effect from 2015 khontaed at Ejubukweni with the intention to establish our matrimonial home there. Town life had become very expensive and we were in serious debt. In fact, the house in Thembelihle was being repossessed by the bank and we had to act swiftly to try to save same,” she said.

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