ECLIPSE BOSS DIVORCE: WIFE WANTS E37K MAINTENANCE, THREATS REPORTED

MBABANE – Futhi Zwane (born Shongwe) is demanding E37 000 monthly maintenance from her husband, Eclipse Investments (Pty) Ltd Director Muzi Zwane, who filed to divorce her.

She also wants Muzi to contribute E60 000 towards her legal fees. Futhi told the court that her husband holds shares in a number of companies in the country, from which he allegedly earns millions of Emalangeni, while she is paid a net salary of E5 200 as a primary school teacher. Futhi and Muzi do not have children together. The amount of E37 000 she is demanding from her husband is spousal maintenance, pending the divorce proceedings. She also prayed to be legally endorsed and perform (or be so allowed) to exercise the full functions of joint administrator of the joint estate as the law permits.

Interdicting

The teacher is further seeking an order restraining and interdicting Muzi from refusing or denying her access to their matrimonial assets, specifically a house situated at Mpolonjeni, in Mbabane. In her court papers, Futhi submitted that she and Muzi were married on August 4, 2007, through civil rites. She said no children were born of the marriage. The couple established their matrimonial home at Madulini and acquired a temporary place in Ezulwini, where they continued to live as husband and wife. She alleged that Muzi went on to physically expel her from the residence. She said she rents a one-bedroom flat for E2 500 per month. “I was compelled by my husband to live apart from him and it was by his own wrongdoing. The respondent (Muzi) chose to expel me from the matrimonial home. The respondent has failed to provide me with suitable alternative accommodation and I am currently renting a E2 500 one-room flat in Matsapha,” she alleged.

The applicant also submitted that she had to hire an attorney after Muzi instituted divorce proceedings against her. She stated that she is unable to settle her legal bill and added that she can barely make a living on the meagre salary. She submitted that she and Muzi are still married and as her husband, he is obliged to provide support for her well-being, in particular to maintain her. “He further has to provide suitable accommodation, food, clothes, medical and dental attention and other things I reasonably require. From the date the respondent expelled me, he has not contributed nor made means to pay my expenses, that is maintenance, regardless that our marriage is still valid.” Futhi argued that Muzi’s social position, financial status and lifestyle, qualify him to be able to pay the spousal maintenance of E37 000.

Accommodation

She informed the court that she requires this amount for suitable accommodation and the standard of living and social level which her husband currently enjoys. She further alleged that Muzi has been dissipating the joint estate assets to her detriment. She also alleged that he disposed of shares at Eclipse Investments (Pty) Ltd. “The respondent is the administrator of the joint estate and has a duty to support me, even though there are divorce proceedings. This does not necessarily come to an end if the joint household breaks up,” she submitted. She said she currently has no administrative powers in the joint estate, which is prejudicial to her as he can dispose of the assets without her consent as his legal wife.

According to Futhi, she has a clear right to the access, use and enjoyment of their matrimonial asset insofar as their marriage subsists. She also argued that her husband allegedly continued to deny her access, use and enjoyment of their matrimonial asset ‘to the extent of making threats of physical harm upon my life and well-being, should I even attempt to exercise such right’.  “This is, therefore, a clear injury and molestation of my clear right as legal wife to enjoy the use and enjoyment of the said matrimonial asset/home which constitutes our joint estate,” said Futhi, who is represented by MTM Ndlovu Attorneys. The matter was argued last Friday and it is pending in court.

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