WOMAN MUST PAY EX-HUBBY E30K, ADMITS CHILD NOT HIS

MBABANE – A woman has been ordered to pay back a sum of E30 000 to her former husband after she admitted that he was not the father of ‘their’ last-born child.

The former husband,*Eric alleged that while married to *Ntsiki, who is an inspector of schools, they went to Pastor Nhlanhla Dlamini of the Nazarene Church in Mbabane for counselling. He stated that during the counselling, Ntsiki confessed that her third-born child was not fathered by Eric. According to Eric, she confessed that the child was conceived while she was intoxicated in Cape Town. “She mentioned that the last-born child was born from a once-off sexual encounter. On the same date, she also confessed to Pastor Nhlanhla Dlamini. She also repeated it in paragraph nine of the divorce summons,” said Eric.

In the paragraph in question, Ntsiki stated that: “Due to the defendant’s unlawful acts (of infidelity), the plaintiff found herself in a compromised position with a certain man and she was involved in sexual intimacy with him and the last-born child was born from that once-off sexual encounter.” Eric told the court that: “It is conclusive and a fact that *Boy is a son to an undisclosed man as mentioned in paragraph nine of the divorce summons. The question of the father to Boy remains unanswered in the context of the summons.” At the time he approached the court, Eric submitted that for the past 16 months, Ntsiki allegedly made him pay a helper the sum of E1 500, while she knew that he was not the father.

Fraudulent

He said the money he had paid amounted to E24 000 and it accumulated to E30 000.  “As a result of the fraudulent and non-disclosure that the plaintiff was paying the E1 500, which accumulated to E30 000 for the child of another man, who had the sole responsibility to maintain his child in terms of the Children’s Protection and Welfare Act of 2012. Plaintiff suffered financial loss to the tune of E30 000 without lawful cause or justification,” said Eric.

On April 5, 2024, Ntsiki obtained an order compelling Eric to pay her E37 000, after she had filed a counter-claim for maintenance arrears in the maintenance of his children. The order was issued by Mbabane Acting Magistrate Innocent Motsa. He was also ordered to pay school fees for the children. When the order was granted, Eric was not present in court.
He filed an answering affidavit on April 12, 2024, and through summons, a default judgment was issued by the court and a writ of execution was issued against Ntsiki. He argued that she had not paid the amount of E30 000. A writ was issued for the recovery of the money.

“She is owing the respondent wherein the applicant was forced through fraud to demand the sum of E3 500 per month, well knowing that she was defrauding the respondent. It is submitted that the present applicant seeks to circumvent the counter judgment by resuscitating those issues of reduced monthly maintenance payments by the respondent. “The court is now functus officio from the above judgment in so far as those issues sought to be resuscitated by the applicant are concerned. The applicant is trying to make a counter-claim to the default judgment herein.

“The said judgment was not assailed by appeal or review. This brings the application of the old principle of our law to the effect that ‘falsus in uno, falus in omnibus’, which means that if you tell a ‘falsehood once, you should be taken to be one who always tells falsehood’. The applicant is not trustworthy in this application,” Eric submitted. He pointed out that Ntsiki was calling upon the court to condone the illegal siphoning of the sum of E30 200 from him, which he paid for a maid who was looking after the child well knowing she/applicant was abusing the respondent

“Instead of demanding the maintenance costs from the concubine who impregnated the applicant therein, the applicant is trying to say that the divorce and exclusion of the third child should be disregarded and the respondent to pay the same E3 500, which was paid for the three children, and respondent should pretend as if nothing has changed the amount of money after it was discovered that the third child was not his child.”  Meanwhile, Ntsiki in turn demanded a sum of E37 000 from *Eric, who was employed in the Republic of South Africa, after he reduced the amount of money he contributed as maintenance for their children when he had learnt that he was not the father of the third-born child.

The court granted Ntsiki’s application and Eric now wants that order to be rescinded. Eric is represented by Leo Ndvuna Dlamini of LN Dlamini and Associates, while Khumalo Ngcamphalala appears for Ntsiki. *Not real names because the matter involves a minor child.

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