WIFE DEMANDS E39 250 MONTHLY MAINTENANCE

MBABANE – A Zimbabwean nurse anaesthetist working in Eswatini finds himself at the centre of a contentious legal battle, as his wife demands a staggering E39 250 per month to cover her and their twin children’s living expenses.  The expenses include toiletries, cellphone and data, medical expenses, fuel, entertainment, children’s day-to-day needs, birthday, Netflix and WiFi, among others.  

The Supreme Court has referred the maintenance case back to the High Court for a new hearing, emphasising the need for oral evidence on all disputed points. Faith Nkala (nee Lungu) is seeking financial support from her husband, Perfect Nkala, pending the finalisation of their divorce proceedings. The case has garnered attention due to the serious allegations made by Faith against her husband. In court documents, Faith details a litany of grievances, accusing Perfect of abandoning his marital and parental responsibilities.  

Arrangements

She informed the court that shortly after their marriage in 2015, they established their matrimonial home at Sotshangane Flats next to Nguboyenja, Mzilikazi, Bulawayo in Zimbabwe. She said her husband got a job in November 2015 as a nurse anaesthetist at Good Shepherd Catholic Hospital in Eswatini. Faith told the court that he informed him that he would make arrangements for her and their children to join him in Eswatini. She submitted that in March or April 2016, he relocated them to Eswatini, where they stayed at the staff housing at Good Shepherd Catholic Hospital as husband and wife. According to Faith, who is represented by Modicai Donga of SV Mdladla and Associates, she had just completed her Diploma in Nursing and was awaiting deployment to one of the government hospitals.

However, she alleged, her husband begged her to move to Eswatini with him and be a housewife for the sake of their children and marriage. “He promised to take care of all my needs and those of the children,” she said. “I state that from the time we moved from Zimbabwe to Eswatini, I have been entirely dependent on my husband for upkeep, as it is difficult for a foreigner to get a job in Eswatini. I would, however, do part-time jobs here and there to help my husband and the children.” She alleged that in March 2023, Perfect moved out of their house at Good Shepherd Catholic Hospital staff housing to stay alone in Siteki Town. Faith alleged that Perfect did not give her a reason for leaving them.   

Staff

She also informed the court that in July 2023, Perfect resigned from his position and moved them out of the staff house at the hospital. He allegedly informed them that he was no longer employed and would go to Manzini to look for employment.  She alleged that he then began to default on his obligation to take care of the family and would sometimes give them E2 000, which was not enough for their needs. “I later learnt that he had lied to me that he was out of employment as he was already employed by Manzini Clinic as a nurse anaesthetist at the time  of his resignation from Good Shepherd Catholic Hospital and moving out of our house,” claimed Faith.

She told the court that they were eight years into the marriage when he reportedly moved out of their shared residence in Siteki in March 2023, leaving her and their twin children, then aged eight, without explanation.  She alleges he is now in an adulterous relationship with a woman named Girlie Mkhwananzi. Faith states that her husband, a nurse anaesthetist, initially provided for the family’s needs. However, she claims that after moving out, his support dwindled significantly. She asserts that he often provided insufficient funds, sometimes only E2 000, forcing her to repeatedly request basic necessities like groceries and utility payments. She further alleges that he lied about being unemployed, yet he had already secured a position at the Manzini Clinic.

The court documents reveal a complex web of legal battles between the couple. Faith claims her husband initiated divorce proceedings and has since pursued multiple court actions against her, including a failed attempt to gain custody of the children and prevent them from enrolling in a specific school.  She argues that these legal actions have incurred significant legal costs for which she is now seeking contribution from Perfect. Faith’s affidavit outlines a comfortable lifestyle enjoyed by the family before Perfect’s alleged infidelity and subsequent neglect. She describes family outings, separate family vehicles and the children’s needs being consistently met. She even states that Perfect supported her nursing studies.  

Now, she claims, she and her children face financial hardship, with the children even being barred from school due to unpaid fees.  She alleges Perfect refused to pay the fees unless she agreed to let the children stay with him and Mkhwananzi in Manzini.Faith is requesting the court to compel Perfect to pay E13 500 per month for her spousal maintenance, E25 750 per month for the children’s upkeep, cover their school fees, contribute to their medical aid and contribute E96 250 towards her legal costs. She also seeks the return of a Toyota Fortuner she claims he promised her. Furthermore, she requests interim custody of the children, reasonable access for Perfect and the return of the children’s birth certificates and their marriage certificate.

Employment

Faith’s affidavit details her reliance on her husband for financial support since moving from Zimbabwe to Eswatini, where she claims it is difficult for foreigners to find employment.
She also highlights Perfect’s multiple income streams, including his employment at Manzini Clinic, earnings from two businesses (Cubbana Bar and Half London Bar), locum work at other hospitals, and private patients. She estimates his total monthly income to be significantly substantial. The case will now proceed to the High Court, where a new bench will hear evidence and rule on the contentious issues. In the Supreme Court, the matter was heard by Judge Jacobus Annandale, Judge Mbutfo Mamba and Judge Magriet Van Der Walt. The matter is pending before the court.

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