Matsapha millionaire in court for wife’s abuse, assets
MBABANE – Due to allegations of adultery, physical abuse, among others, a retired teacher is taking on her estranged husband, a prominent Matsapha businessman.
Dorothy Khanyisile Dlamini (74) who separated from her husband, Sipho Victor Dlamini (75) in 1999, wants a share of the fortune they amassed together in matrimony as they were married in community of property.
Sipho is known for his chain of businesses in Matsapha and Manzini, particularly his KaSipho Blockward, bottle store, butchery, shopping complex, vast title deed plots, houses and farms.
He married Khanyisile on April 14, 1973 in community of property and six children were born from their marriage, with their oldest son now aged 47 and the last born aged 36.
WAS A TEACHER
In a notice of motion filed by Khanyisile under Case No. 1545/2022, she was a teacher at Ebenezer Primary School and was later transferred to Manzini Nazarene Primary School at the time of their marriage.
Her estranged husband was gainfully employed at the Manzini Arms Hotel and later at Royal Swazi Spa in Ezulwini as a barman. He retired from his job in 1975, according to his wife.
On the other hand, his wife retired from teaching service in 2007.
“Right from the beginning, I and 1st respondent (Sipho) were intent on establishing ourselves in business,” according to the court papers.
“We pulled our resources together in a formidable way to such an exthat during the year 1975 we were able to purchase our first immovable property which was a clinic that we converted into a grocery shop-cum restaurant.”
She added: “From thereon we accumulated more properties and lived the good life as the Almighty God continued to bless us.”
Khanyisile is represented by prominent Mbabane-based law firm, Sibusiso B. Shongwe and Associates.
The law firm is under the supervision of Sibusiso Shongwe, the former Minister of Justice and Constitutional Affairs is a pastor.
Sipho is yet to file opposing affidavits through his attorneys, but it must be said that he has filed a notice to oppose her estranged wife’s application.
Since the court has not pronounced itself on the matter in terms of issuance of a judgement, the Times SUNDAY will treat the issue as allegations whose veracity is yet to be tested in court.
The woman, in her 70s, told the court that they bought land together at Fairview in the 1970s and developed it into their matrimonial home where they resided until her husband deserted it in 1999
“I hasten to mention that as we were constructing our matrimonial home I discovered that my husband was involved in extra marital relations with different women. I confronted him about these adulterous relationships and he promised to put them to an end,” alleged Khanyisile in the court papers.
INCESTUOUS RELATIONSHIP
She further alleged that Sipho began an illicit, adulterous and incestuous relationship with his cousin who was an employee in one of their businesses. She identified her as Tholwaphi Shongwe, who is a daughter to Sipho’s uncle by blood relations.
“Actually the 1st respondent’s mother (Sipho’s mother) is a biological younger sister to the said Tholwaphi’s biological father. This was a very painful experience for me when I discovered that the first respondent had the audacity of committing incest and adultery, whilst his marriage in community of property with myself continued to exist,” she also alleged.
From this illicit, adulterous and incestuous relationship, she told the court that three children were born.
On moral grounds, their names will not be revealed, more so because they are not prime players in the court application.
She said two other children were
stillborn and she was forced by her husband to attend to personally bury them, as he and his family told her she was the lawful wife who had the legal obligation to bury these stillborn babies.
The applicant further said the respondent employed a maid to take care of Tholwaphi Shongwe’s children. The name of the maid is Bon’sile Bhembe.
Whilst Bon’sile was engaged as a maid, Khanyisile informed the High Court of Eswatini that her husband began another illicit and adulterous affair with her (Bon’sile). From that affair, she said a child was born in 1987.
Whilst she was dealing with this painful experience, she mentioned that she also discovered that Sipho was involved in another adulterous relationship with Khabonina Busisiwe Vilakati – the 4th respondent.
She said Khabonina was an employee at their butchery business, that she and her husband operated jointly at their Matsapha shopping complex.
“The illicit and adulterous relationship between the first respondent and the fourth respondent secretly persisted whilst she remained our employee,” stated Khanyisile in the court papers.
As a result of the relationship, she said a child was born in 1983.
ASKED FOR FORGIVENESS
“When I discovered this adulterous relationship the first respondent exhibited signs of remorse and asked for forgiveness. I forgave him with the hope that he would mend his ways and also because I was afraid that if I defended my rights as a legal wife the first respondent would kill me and also harm my children, who were very young at that time,” she told the court.
As a result of Khabonina and Sipho’s relationship, a second child was born in 1985.
She reluctantly forgave him as she had not given up on their marriage, hoping that he would change as he always presented himself to be a God-fearing individual.
“I had not lost the hope that he would respect the vows we made before Almighty God and the church,” she said.
A third child was born prematurely as a stillborn and she was once again forced to attend to the burial. As a result of these extramarital relationships, she said their marriage became very sour to the extent that Sipho resorted to physical violent behaviour, as he would allegedly assault her with as sjambock and knobkerrie.
As a result of the beatings, she mentioned that her younger son was born with down-syndrome and was later diagnosed with autism because Sipho would allegedly kick her in the stomach when she was pregnant.
“I was afraid to even report the matter to the police because the first respondent threatened to kill me and my children if I ever referred the matter to the police,” she mentioned.
Khanyisile pointed out that the abuse went on until 1999, when her children had grown enough to witness his abuse, resulting in them confronting him and threatening to fight him if he continued to abuse her.
“It was then that in 1999 the first respondent then opted to leave the matrimonial home,” she told the High Court.
INTERDICT AND RESTRAIN
Khanyisile is now seeking the intervention of the High Court of Eswatini to interdict and restrain from disposing off either through sale or otherwise the following –
The remainder of Portion 5 of Farm
●
11, Maliyaduma, Manzjni: Restraining and interdicting Registrar of Deeds from effecting transfer, save only with the applicant’s written consent, of the properties listed hereunder, which properties are registered in the name of either the first, second, third and fourth respondents (Sipho Victor Dlamini, Sipho Dlamini Investments (Pty) Ltd, S.V. Investments (Pty) Ltd and Khabonina Busisiwe Vilakati;
Residential house situate at Lot
●
No.97 at Farrant Road Fairview Township, Manzini District held under
Deed of Transfer No.3 of 1975 being a three bedroom house with a cottage and double garage;
Plot No.147 King Sobhuza II Avenue,
● Matsapha Industrial Site, Manzini District comprising a shopping complex and a butchery;
Mobeni Pre-School, Umgaco Street,
●
situated on plots 259, 260, 261, 262 and 264 (Matsapha Industrial Site);
A blockyard situate at King Sobhuza
● II Avenue, Matsapha Industrial Site, Manzini District;
Interdicting and restraining the
●
Registrar of Deeds from transferring other properties to any third party that the first respondent may have concealed in other entities or individuals whilst this application is pending;
Khanyisile also directed her estranged
● husband to account to her for the proceeds realised from the sale of some immovable properties which included – Portion 5 of Farm 11, Maliyaduma for the sum of E2 million, Plot 583 situate at Extension 6 at Madonsa Township, Ingle Street, Manzini.
SALE OF A PLOT
The businessman is also directed to account to his wife the proceeds realised from the sale of a plot at Trelawney Park in Manzini, two residential flats on Plot 192 at Harry Street in Ngwane Park alongside Lot 1319 Madonsa Township, Inhlatfu Street in Manzini.
She has also applied for the freezing of any bank account held by Sipho Victor Dlamini, Sipho Dlamini Investments (Pty) Ltd, S.V Investments (Pty) Ltd and Khabonina Busisiwe Vilakati, pending the finalisation of the her husband’s accounting to her joint ownership of all assets that she co-owns with him. The co-ownership is based on the subsisting of their marriage in community of property.
“The first respondent has made my life so difficult without regard of the fact that I am no longer gainfully employed yet all the resources to grow the joint matrimonial estate were largely from my sweat and contribution,” Khanyisile pleaded with the court.
She said her estranged husband wanted to sell a remainder of Portion 5 of Farm 11 at Maliyaduma for E14 million without her consent.
She then prayed to the court to restrain and interdict the purported sale of the farm.
She alleged that there are properties bought by Sipho using matrimonial funds and registered in the name Busisiwe. She listed three of these properties.
She further applied to the court for the interdict and restraint of the Registrar of Companies from effecting transfer of any shares that are held by Sipho Victor Dlamini in Sipho Dlamini Investments (Pty) Ltd and S.V. Investments (Pty) Ltd to any individual or entity.
REVERSE THE REGISTRATION
Khanyisile then prayed to the court to reverse the registration of the properties from the identity of Khabonina Busisiwe Vilakati to her estranged husband’s name. The properties in question are –
Plot No. 43112600, 1126 Elwandle
●
Street, Manzini;
Plot No. 43112700, 1127 Elwandle
●
Street, Manzini;
Plot No. 431205000, 1205 Gwalagwala
● Street, Manzini;
She also wants the court to order the businessman to handle all matrimonial assets in a manner that recognises her rights in terms of the marriage in community of property that exists between them. She told the court that a joint account be opened with any of the respondent’s banks to be jointly operated and controlled by them in accordance with their marriage in community of property.
She wants the High Court of Eswatini to declare the customary marriage concluded between his husband and Khabonina Busisiwe Vilakati as bigamous and, therefore, unlawful – void ab initio.