E50K DEMAND: WIFE HEARTLESS, CONNIVING – BACEDE

MBABANE - “The money which clearly brought us together is no longer there and there is nothing I can currently do to tilt the scales.”

This and other submissions were made by incarcerated former Hosea Member of Parliament (MP) Mduduzi Bacede Mabuza. He was responding to the papers filed by his wife, Hloniphile Mabuza, who has taken him to court over maintenance. Hloniphile wants the former MP to contribute E50 000 monthly as maintenance. Bacede argued that clearly, his wife did not care about what he was going through and all that she wanted from him was just money and nothing more or less. He emphasised that he used to have money, but not anymore. “I have been in custody for almost three years now, but that has never deterred me from trying my best to support my family with my very limited means, precisely the monthly pension of about E12 000, which I receive as a former Member of Parliament,” submitted Mabuza.  

He told the court that he did not wish even on his worst enemy, what he was going through in prison. The former MP said he hoped that Hloniphile, as his lawful wife, would stand with him ‘in this rain, even though she had a choice to be dry’. “It is a fact that I have a huge family, which cannot be sufficiently sustained by the pension I receive. In this regard, it would be very remiss of me not to express my sincere gratitude to my extended family, especially my siblings, for their continued support in financing my direct family’s needs. Thank you so much boMshengu, may the Lord Almighty continue to bless you,” submitted Bacede. In his affidavit, the ex-MP said: “True to the proverb that history has no blank pages, the applicant (Hloniphile) should rather say I once owned a number of successful businesses. This is all sadly gone and now only exists in the history books”.

Hloniphile also wants the court to compel her husband to pay school fees amounting to E19 302, for their three children.  It is also her plea to the court that it should order her husband to pay and/or facilitate the payment of the amount of E18 000, being an arrear motor vehicle instalment in favour of Standard Bank, for the month of May 2024.  In his answering papers, Bacede averred: “It really pains me that, just because I no longer have money; the applicant (wife) can then distastefully treat me in the manner she is doing and use our innocent children in that process.”

He told the court that, having known and been with the applicant (Hloniphile) for almost a decade, he thought he knew her, but only now did he realise through her conduct, that he was actually mistaken. “The applicant’s conduct depicts her as someone who is heartless and conniving, at the expense of our children,” submitted the former legislator. He alleged that when his wife left in November 2023, she exhibited an unparalleled degree of cruelty, in the sense that she left her own three children behind, as well as another whom she stayed with and raised as her own at all material times, from the age of nine months.

Helpers

According to Bacede, only the helpers, who were also left behind, saved the situation. In his 22-page affidavit, the ex-MP said just like any other couple, his marriage with Hloniphile was not immune from challenges. He averred that, however, they should not at any point use their children to settle their scores. “Courtesy of the applicant’s conduct of unwarrantedly scandalising me and treating me with such sheer disdain, I now attest to the adage that, ‘you only see one’s true colours when you are no longer beneficial to them’.”  The respondent (Bacede) brought it to the court’s attention that his wife’s place of abode was unknown to him and as such, could neither be admitted nor denied. He pointed out that with Hloniphile, who is his second lawfully wedded wife, they had three children. The ex-MP narrated that he was arrested in July 2021 and subsequently incarcerated at the Matsapha Correctional facility, and he is currently awaiting sentencing by Judge Mumcy Dlamini, for terrorism-related charges and murder.

He highlighted that considering the very vexing and daunting conditions under which he lives at the Matsapha Correctional facility, it is impractical that he can manage anything, let alone a trust, as alleged. “For the avoidance of any doubt and at the risk of repeating myself, I am in custody in the truest sense and I dare say that my life came to a halt from the time that I was detained,” he argued.  Bacede alleged that until now, that his wife had disclosed the school where their children were enrolled and their respective grades or years of study, it was something he did not know about.

He alleged that he had always known that the children were schooling around Manzini, not in Mbabane, as stated by his wife in her papers.  he alleged that he did not consent, nor was he consulted when Hloniphile decided to enrol them in one of the schools around Mbabane. “The applicant’s conduct only sustains one conclusion, that is, she is now using the children in a quest to drain money from me, which I unfortunately no longer have. If apologising to her that I no longer have money will make her feel any better and desist from harassing me, then I am sorry,” submitted the former MP.

Obligations

Meanwhile, in her application, which was filed under a certificate of urgency, Hloniphile argued that her husband’s fatherly obligations did not diminish by virtue of his incarceration. She submitted that even though they might have their differences, that should not affect their children. She alleged that she informed her husband that the children’s needs should be prioritised, but that 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.  

The wife also told the court that she was sinking deeper into debts, which she entered into on the premise that her husband would make payments in satisfaction of same, on a monthly basis. Hloniphile highlighted that Bacede would ordinarily make payments through the Ekhabeni Family Trust or his personal account, towards allowances, maintenance and school fees and or/related expenses. “May I add that each time I and the respondent had a misunderstanding, he would cut us off financially, without considering the children, who are innocent,” alleged Hloniphile. The matter was yesterday postponed to July 5, 2024, by Judge Bongani Dlamini. Hloniphile is represented by Nosisa Hlophe, while appearing for her husband is Gcina Mhlanga.

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