WIFE NEEDS PSYCHOLOGICAL EVALUATION – SEN MKHULULI

MBABANE – Senator Mkhululi Dlamini is denying to have subjected his wife to sexual, physical and emotional abuse.

The legislator made the denial in his answering affidavit in the matter where he has been taken to court by his wife. In her application, his wife, Kathryn Dlamini née Mbuli, said she was currently living in fear due to the alleged constant threat to her life posed by the senator through his conduct. She submitted that as a result of the alleged abuse she endured at the hands of her husband, she thought she should change the environment and relocate to the Republic of South Africa.

Urgency

In the application, which was moved under a certificate of urgency at the Manzini Magistrates Court, Kathryn requests the court to interdict and restrain her husband from allegedly sexually, emotionally, psychologically, economically abusing her and their children. She is further praying for an order interdicting the senator from coming anywhere within 150 metres of her place of residence or employment or any other place where she might be located. In his answering affidavit, Mkhululi submitted that the conduct of the applicant (wife) left him with no option but to think that she might be suffering from mental or psychological problems and as such, she allegedly needed to have a psychological evaluation. “I say this because she has made up stories of abuse and she recites incidents that happened more than 10 years ago as if these things happened now or recently.  The applicant and myself had a very constructive discussion last time (early March) when I spent time with her and the children,” alleged the senator.   

According to the senator, the applicant had previously done things which he would prefer not to disclose to protect her dignity.   He said these things would qualify to have her psychologically evaluated. These are allegations whose veracity is yet to be tested in court. Mkhululi then requested the court to order that his wife should undergo the psychological evaluation as she was allegedly showing signs of being mentally unstable. It was further his submission that he has never assaulted the applicant since they got married and he never abused his children in any way.

Disturbing

“What is most disturbing with these allegations of abuse is that I cannot or will not be able to have the applicant give oral evidence so that she be cross-examined so that her lies can be exposed. I, therefore, request that she be called upon to give oral evidence so that I can get the opportunity to cross-examine her,” submitted the senator. The respondent (Mkhululi) also brought it to the attention of the court that the applicant had not furnished any proof of the allegations against him nor had she provided any reports, either from the police, psychologist or social welfare office, which would prove that he deserved to have his children taken away from him forever. He averred that the applicant did not have the right to prevent him from having a relationship with his children.

He further dismissed the assertion by his wife that he strangulated her and that he had a drinking problem.  The senator argued that what was interesting was that the applicant did not state when he allegedly strangulated her. “The only incident I remember is that at Hhukwini area, the applicant threw things at me and even tried to hit me with a hammer. I was able to grab it away from her and I restrained her. I told her never to try to assault me again,” alleged the legislator. He told the court that this allegedly happened many years ago, when the applicant discovered that he was dating an American woman, whom he had intended to marry as well.    The respondent denied to have forced himself on his wife as alleged by her in her application.

“The applicant and myself have not been intimate for years now. We have been sleeping in separate bedrooms for a long time and this was by agreement between ourselves,” submitted the respondent. The senator also denied that he had a gun, instead he claimed that he had an airgun, which did not need a licence. “I deny that I travelled to South Africa drunk. I have never brandished the gun or pointed it to the applicant or even threatened to use it on her. I would never do such a thing and applicant knows that,” contended the senator. It was his argument that, had his wife been worried about him having the airgun and that she feared that he would use it on her; she would have reported the issue to the police or to his family, so that the issue would be addressed.

The applicant submitted that the issue of the gun was being brought up to make sure that the court had a view of someone who was abusive and brandished a gun when drunk.  He alleged that this was done so that the court could be sympathetic towards her and grant her the orders as she wanted. Kathryn, on the other hand informed the court that she was married to Mkhululi in accordance with Eswatini Law and custom. She said two children were born of the marriage - in 2005 and 2013 respectively. “Before being elected to Parliament, the first respondent (Mkhululi) was a responsible man. Things changed when he was elected a Member of Parliament for the Hhukwini Inkhundla in 2008,” submitted the applicant.

She narrated to the court that her husband would allegedly from time to time go on international trips. According to the wife, he began to be abusive towards her and she suspected that he had found love elsewhere. “I would try to engage him regarding his changed behaviour but he would tell me that I was paranoid because of my parents’ background whereby my father cheated on my mother,” submitted the wife.

Allegations

These are allegations contained in court papers whose veracity is still to be tested in court. The wife went on to tell the court that around 2011, she allegedly discovered that the senator was having an affair with an American woman, a certain Kristen Heinz, who resided in Mozambique, working for an organisation which supported the SADC Parliamentary Forum.  
“His drinking problem worsened towards the end of his Parliamentary terms in 2013. He would be drunk in such a way that he would sleep in the car on the side of the road unable to drive home,” alleged the wife. The respondent in the matteris represented by lawyers from CJ Littler, while appearing for the applicant is Human Rights Lawyer Thabiso Mavuso.   

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