By Sandile Nkambule | 2018-08-10
Public Service Pensions Fund (PSPF) Chief Executive Officer (CEO) Cleopas Sipho Dlamini, who is accusing his wife of practising her religious beliefs obsessively and intolerably, has finally ended their 37-year marriage.
This, after the High Court yesterday issued a final decree of divorce following an application that had been filed by Dlamini on an urgent basis after instituting divorce proceedings against his wife Cynthia Mpho Dlamini (nee Simelane) on grounds of constructive desertion.
High Court Judge Cyril Maphanga, when making a ruling on return of conjugal rights, stated that in considering the facts of the case and material before him, he has come to the conclusion that the defendant (wife) has failed to discharge onus on her demonstrating that she has complied with the restitution order in the sense of having restored conjugal rights and making a bona fide and genuine offer to the plaintiff (Dlamini).
“I have found no reference whatsoever or any indication of any evidence that the behaviour or conduct of the defendant has changed, there is a glaring absence of any expression of a change of heart or mind on her part nor is there any renunciation of the religious practices complained of or at least denounce or temper with these practices and beliefs. For these reasons, I am prepared to grant the plaintiff the final decree of divorce as I hereby do,” Justice Maphanga ruled.
Justice Maphanga stated that it is a pity that the suit for divorce having commenced in 2006 has taken its emotional and financial toll on both parties hence he ordered that each party pays its own costs.
In his application, Dlamini submitted that his wife always left home for the whole of Saturday and Sunday and failed to care for their children.
“She has on annual basis left our matrimonial home on pilgrimage to Israel notwithstanding the express refusal of the plaintiff,” the CEO stated in his particulars of claim.
Simelane is the Director of Kusile Enterprise trading as Kusile Christian Bookshop, situated at Dabebe Street in Mbabane.
According to Dlamini (plaintiff), they got married on December 17, 1981 and the proprietary consequences of their marriage were governed by Swazi Law and Custom in terms of Section 24 of the Marriage Act No.47/1964.
He submitted before court that there were two children born out of their marriage. The eldest was born on June 9, 1986 while the youngest was born on November 11, 1996.
“Since the year 2000 and by virtue of the defendant’s (wife) conduct, the defendant has rendered co-habitation between the parties intolerable and she conducted herself in such a manner with the malicious intention of terminating the marriage,” Dlamini submitted.
He mentioned in his papers that since 2002, his wife had refused him conjugal rights and had allegedly refused to share the same room with him. Dlamini also claimed that the wife had consistently been rude to his relatives, causing him much embarrassment.
According to Dlamini, his wife had for lengthy periods refused to talk to him. In his particulars of claim, the CEO confirmed to have committed adultery with a certain Hlophe woman.
He alleged that he was driven to commit adultery by the conduct of his wife in deserting him and was driven to carry out an intimate relationship with one Grace Hlophe and accordingly begged the court to condone his adultery.
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