WIFE STOPS HUBBY’S WEDDING TO ANOTHER WOMAN

MANZINI – The stage was set to officially declare them husband and wife, not knowing that among the people who were present at the venue was a court messenger who had come to stop the festivity.

This is the story of Pastor Themba Dube and Nokuthula Khumalo, whose marriage was intercepted by a court messenger who was armed with a court order to stop their matrimony.

The order stopping the clergyman from marrying another woman was obtained by his wife, Ethel Mkhatshwa, with whom they are currently embroiled in divorce proceedings.

The outdoor wedding was held on the luxurious premises of Lugaganeni Guest House in Manzini on Saturday, scheduled to begin at 10am.
It was while the well-wishers were curiously waiting for the couple to come out of the guest house for the start of the event, when Court Messenger Musa Nhleko accosted the Marriage Officer, Nathi Gumede, to serve him with the court order.

Exhibiting

The court messenger duly served a copy of the court order after exhibiting the original, and explaining the full nature and exigency of same in accordance with the rules of service.

Immediately after serving the order, the court messenger left the venue but left strict instructions that as per the court order, the union of the two should not proceed pending finalisation of the divorce proceedings. After having received and signed the court papers, the marriage officer remained calm and did not show any signs that there was something brewing.

When it all happened, the groom and bride were inside the guest house waiting to come out for the start of their big day. After the court process had been served, Pastor Dube, who was dressed in baby blue floral tuxedo and matching navy blue pants, slowly walked down the aisle in readiness to meet his bride.

His look was completed by a pair of black shoes. It could not be ascertained if he was still oblivious of what had happened or someone had rushed inside the guest house to inform him. He was later followed by the bridesmaids and the groomsmen who were seemingly not aware that certain developments had taken place.

It seems no one among the well-wishers was aware of what was happening as they were seen taking selfies with their cellphones and chatting nonchalantly while others aimed their cameras towards the wedding party.

It was while everyone was waiting in anticipation that the master of ceremonies (MC) approached one of the reporters and asked him to stop taking pictures of the event. The MC said, in vernacular: “Ngubani lokucashe kutsi utsatse letiftombe, sesiyakwemuka emalungelo kutsi uchubeke ushuthe.” Meaning ‘who had hired you to take pictures of the event? We are now stripping you of the rights to proceed’. The reporter then respectfully left the venue and it was while he was approaching the gate that another man came to him running and asked him who he was.

The reporter politely identified himself as a journalist from this publication and further told him that he was following the story after an application was filed in court on the same matter.

Divorce

The genesis of the matter is that Ethel approached the court seeking an order staying the execution of the final decree of divorce that was previously issued by Mbabane Magistrate Sifiso Vilakati in favour of her husband.

She alleged that Dube ordered her to vacate their matrimonial home as he was no longer in love with her. Ethel also alleged that Dube deserted their home and went to reside at Malindza with Khumalo (Nokuthula). Ethel’s argument is that Dube obtained the final decree of divorce on May 29, 2019 in her absence. She filed an application for a rescission (cancellation) of Magistrate Vilakati’s order to end her marriage to the pastor and until the matter is finalised. The application for rescission was granted.

She alleged that she was served with the court order through her attorney, Musa Shongwe of Simelane Shongwe Attorneys, on June 11, 2019.
Ethel and the pastor got married at Msunduza, in terms of civil rites and in community of property on August 14, 2004. They thereafter established their matrimonial home at Makholokholo and one child was born of the marriage in August 2006.

In her founding affidavit, Ethel submitted that before the marriage was nullified by the magistrate, she recalled being served with summons by a court messenger on March 29 this year, and he allegedly advised her to engage an attorney if she intended to defend the proceedings.
The veracity of these allegations is still to be tested in court and Dube is yet to file his responding papers.

She said due to being destitute, she was unable to hire an attorney. She stated that as a result of her failure to defend the summons, an interim order was issued in terms of which she was directed to restore conjugal rights to her husband within seven days. Ethel told the court that she was unable to comply with the order since she was not aware of her husband’s whereabouts because he had allegedly moved out of their matrimonial homestead. “I tried to locate the respondent (Dube) but my attempts hit a snag. I tried calling the respondent’s mobile telephone number but he did not respond,” she said. She informed the court that she returned to the messenger of court who allegedly advised her to be present in court on the return date of the matter. Ethel said she deposed to an affidavit in which she advised the court about her attempts to restore conjugal rights to Dube.

According to Ethel, the matter did not proceed on April 17, 2019 and Dube allegedly served her attorneys with an affidavit advising that she should restore conjugal rights at his parental home at Sidwashini. She said when she returned from the Easter holidays, she proceeded to Sidwashini where she found Dube’s mother, who allegedly informed her that she was not aware of his whereabouts. Ethel alleged that Dube’s mother, in an affidavit, later denied that she had been to Dube’s parental home, and she suspected that she was colluding with her son.

On April 24, she said she was granted leave by the court to file papers opposing the divorce proceedings. During that period, according to Ethel, Dube had allegedly neglected his maintenance obligations and when the maintenance matter was postponed; her attorney withdrew his services since she could not agree with her husband’s offer.

Conjugal

She submitted that the court thereafter issued an interim order that she should restore conjugal rights within two days. Ethel said this order took her by surprise but she still went to Dube’s parental home where she slept during those two days. She alleged that Dube was, however, not at home.

“I state that on both days, the respondent did not come and I slept with his mother. I state that he advised me through a telephone message that he will never come for the restoration of conjugal rights.” Ethel submitted that she informed the court about her attempts to restore the conjugal rights. According to Ethel, she then received a call from a court messenger, Christopher Ncongwane, who wanted to serve her with court papers.

She said her attorneys advised her that a final decree of divorce had been issued. She argued that the order was issued despite that she was allegedly not notified that the matter would be heard on May 29, 2019.

She said Dube should have personally notified her about the matter being heard on that date.
Ethel submitted that it was not her intention to delay to file the notice of intention to defend the proceedings. She argued that Dube was the one who allegedly refused to sleep with her and he slept in the sitting room instead.

She further accused Dube of verbally abusing her. She said it was frustrating that he left their home without a just cause.
 Ethel was represented by Musa Shongwe of Simelane Shongwe Attorneys

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