MBABANE – Former soccer star Boy Boy Nyembe remains divorced.
 Nyembe had moved an appeal with the Supreme Court challenging a judgment delivered by Chief Justice Richard Banda divorcing him from his wife Pinky Nyembe.

The Supreme Court dismissed his application for condonation for filing the record of appeal late.  
Nyembe’s wife had instituted the divorce proceedings against him on the grounds that he had committed adultery. Nyembe had an extramarital affair with another woman where a child was born.

The High Court granted an order that he should further forfeit any benefits of their marriage, which was in community of property.
Banda also ordered Nyembe to pay maintenance to his wife to the sum of R2 500 towards the upkeep of their minor child.  His case was struck off the roll because he had filed a record of appeal outside the stipulated period. Nyembe had alleged he did not have money to pay his lawyer to enable him to prepare the record because he had been unemployed. His wife opposed the application for condonation, arguing that Nyembe was in good financial status to pay his lawyer since he is a businessman.

Nyembe on the other hand argued that his appeal case had prospects of success because the Chief Justice had erred in fact and in law when delivering the order. The matter was before Supreme Court Judges Justices John Foxcroft, Philip Magid and Thomas Masuku.

Foxcroft was the Presiding Judge in the matter. He said Nyembe did not give reasons supporting his ‘bald’ allegations that the Chief Justice had erred when he delivered the judgement that his wife should divorce him.   He said Nyembe had waited for over seven months to file his record of appeal yet it was supposed to have been filed on February 18, 2009.  Nyembe allegedly filed his record in September.

He was represented by Mandla Lukhele.   
The respondent through her attorney, Brian Magagula argued that Nyembe should have approached the High Court to seek condonation when he became aware that he would not be able to file his record on time. He argued that the reason that he had been unemployed should be set aside. He also filed a medical record as evidence that Nyembe had indeed fathered a child from another woman.

“What is more, the attorney dealing with the matter should at the very least have written to the Registrar of this court before the expiry of the permitted two month period, explaining his difficulty. He was, after all, the attorney of record,” Foxcroft said.

Foxcroft also mentioned that Nyembe did not state reason why he thought the matter had prospects of success on appeal. He also mentioned that there was enough evidence brought before the High Court to prove that he had indeed committed adultery.