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‘KOKANA’S WIFE WANTS MARRIAGE NULLIFIED

14/08/2020 02:18:00 BY MBONGISENI NDZIMANDZE

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MBABANE - The wife of incarcerated popular businessman Mfanukhona ‘Kakona’ Dlamini wants the court to declare their marriage to have been terminated.

Zodwa Andile Dlamini nee Ginindza has since instituted proceedings against the businessman.

The businessman was sentenced to a total of 72 and a half years imprisonment and is currently waiting for the outcome of his appeal.

He is appealing both the conviction and sentence.

Dlamini, who was found guilty on 57 counts for contravening the Theft of Motor Vehicle Act of 1991, will, however, spend at least 39 years in prison if he pays a fine of E20 000 in respect of 20 counts of failing to report certain car components which had identification numbers obliterated.

Meanwhile, the wife further wants the court to direct the registrar of Births, Marriages and Deaths (BMDs) to expunge from his records the parties’ marriage certificate.

In her particulars of claim, Zodwa described her husband as an adult liSwati male resident of Ngwane Park Township, currently incarcerated at His Majesty’s Correctional Services in Matsapha.

Solemnised

She told the court that with the businessman they were husband and wife by virtue of a marriage by Swazi Law and Custom. According to the applicant (Zodwa), the marriage was solemnised on March 9, 2009 at Ngololweni in the Shiselweni Region. She said there was one child born of the marriage.

“Respondent (Mfanukhona) and I established our matrimonial home at Logoba in Matsapha, where I currently stay with our children.

We also acquired several properties in various parts of the country, namely Ngwane Park, Nhlambeni, Sigcaweni and KaLaMgabhi,” submitted Zodwa.

She averred that they lived together as husband and wife at their matrimonial home.

“However, during the existence of the marriage, my life was punctuated by various incidents of abuse and violence in the hands of the respondent. The respondent was physically and emotionally violent to me more often than not,” alleged the wife.

These are allegations contained in an affidavit whose veracity is still to be tested in court.

The applicant further alleged that various family meetings, restraining orders and other relatives’ intervention allegedly failed to reconcile them as her husband reportedly persisted in being abusive to her.

She said the families eventually met and a decision that the marriage should be cancelled was reached as there seemed to be no prospect of restoring a normal marriage relationship between the parties.

In her application to have the marriage declared to have been terminated, Zodwa attached an affidavit purportedly to confirm the cancellation of the marriage between her and Mfanukhona.

Generating

“The respondent is currently serving time at His Majesty’s Correctional Services, however, the decision that our marriage should be terminated was reached in his presence before the incarceration,” alleged the wife.

She informed the court that, other than their matrimonial home at Logoba, with her husband they accumulated properties in the following places; Ngwane Park, Nhlambeni, Sigcwaweni and Ezulwini.

‘‘It is in my best interest and that of our minor child that the rental proceeds collected at Nhlambeni property and any other property generating same be used for the maintenance of the children of the respondent in equal shares,’’ she argued.

Zodwa insisted that her husband was allegedly very abusive to her and she had medical and police reports to prove this.

“On my head, I have a deep scar with eight stitches which was inflicted on me by the respondent using a knobkerrie.

Circumstances

‘‘When his trial was ongoing, I had no reason not to attend in support, but this does not negate the fact that he was abusive to me,” he argued

She contended that the balance of convenience and the circumstances favoured that she should be granted the orders as prayed for in her application.

“I submit that I did not decide on my own volition to separate from the respondent.

‘‘However, circumstances which prevailed even before the respondent was incarcerated forced us to agree on separation,” submitted Zodwa.

She alleged that as a result, her husband was in terms of their marriage expected to leave her at her home where she was to raise their children.

Zodwa claimed that her husband allegedly also confirmed that he had no objection to the termination of the marriage but his gripe was with the properties that they had.

The businessman has also filed papers where he is disputing most of the allegations levelled by his wife against him.