WIFE: BACEDE OBLIGATED TO PAY MAINTENANCE EVEN IN JAIL

MBABANE –“His fatherly obligations do not diminish by virtue of his incarceration.”

This is one of the submissions made by the wife of former Hosea Member of Parliament (MP) and businessman Mduduzi Bacede Mabuza, Hloniphile. The wife has taken the former legislator to court, where she is among other prayers, seeking an order directing Mabuza to make monthly payments of E50 000 to her. She told the court that the money was in lieu of maintenance for their children and payment for rentals, nanny, driver, medical fees, groceries and her upkeep, as well as paying a monthly instalment of E18 000 for a motor vehicle in favour of Standard Bank Eswatini.

Hloniphile averred that even though she and her husband may have their differences, that should not affect their children. She said she informed Mabuza that the children’s needs should be prioritised, but that allegedly fell on deaf ears. “He has further told me that even if I approach the honourable court, I will not be assisted as he is currently in custody and he cannot be held accountable for the maintenance of myself and the children and no court would give me an ear for my pleas,” Hloniphile submitted. 

She told the court that it was only a few days back that she decided to seek legal counsel, as her children were suffering and being left behind in their studies. “I am also sinking deeper into debts, which I entered into on the premise that he would make payments in satisfaction of same on a monthly basis.”Hloniphile highlighted that Mabuza would ordinarily make payments through the Ekhabeni Family Trust or his personal account, towards allowances, maintenance and school fees and or/related expenses. She alleged that, however, on June 13, 2024, an amount of E19 302 in school fees had not been paid, as well as E5 000 monthly car instalment and maintenance.

Nanny

The applicant alleged that since the children were at home, she managed to negotiate payment terms with a nanny, as she was currently unemployed. “I have taken it upon myself to seek employment, as the respondent’s inconsistent maintenance deposits have birthed instability in our children’s lives,” she argued. She brought it to the court’s attention that her husband was a director and owner of a number of businesses, with a monthly income of over E200 000, which was deposited into Ekhabeni Family Trust Account and other trust accounts held in the trust of the respondent’s family and beneficiaries, into which rentals from various properties are deposited.

She told the court that her husband’s being in custody did not mean that he no longer had a source of income. “As much as he is incarcerated, he has a source of income and he is in control of same. Further, he has been making monthly transfers into my account in the region of E50 000, as well as taking care of school fees and other family responsibilities as a father and husband. “I am currently unemployed, as I have been pursuing my studies, which the respondent has openly discouraged and as such, I have remained behind as my peers graduated well ahead of me and attained employment,” she argued.

The applicant contended that if she was afforded the same opportunity, she would have been in a position to fend for, and maintain her children, but the respondent had continuously afforded them a comfortable life through the years and had taken care of her responsibilities without fail. “He would only cease same each time we had a misunderstanding and would resume same each time I heed to his requests of visits in prison,” submitted the wife. The matter is still pending in court.  It was further her contention that, even though the respondent (Bacede) had other dependants, they would not be prejudiced by him restoring his children and her benefits of E50 000 per month, as well as the payment of their school fees as he had been constantly providing so.

Trust

She told the court that even if this amount was deducted from the respondent’s trust account monthly income, he would remain with sufficient means for his equally important needs. The applicant stated that she believed that continued monthly payments of the E50 000 by the respondent would be a fair and reasonable amount, excluding the school fees, which were to be paid as a matter of urgency, since they became due on May 31, 2024. “The matter is urgent by reason that it involves issues of maintenance of children and tuition fees and that the courts are upper- guardians, where children are concerned. Maintenance issues are urgent by their nature.

“Therefore, the children run the risk of going to sleep on empty stomachs, as there will be no money to buy neither food nor clothing in this cold winter. I am unemployed and at all material times since our marriage, the respondent has on a monthly basis, maintained and provided for his children as well as myself as his wife,” she argued. The matter is still pending in court and the application is being opposed by the respondent, who is yet to file his papers. The applicant is represented by Nosisa Hlophe.

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