swaziland times

Mbabane – “His obligations as a father do not diminish because he is incarcerated.”

This is one of the petitions filed by the wife of former Hosea MP and businessman Mduduzi Bacede Mabuza (Hloniphile), who has taken the former lawmaker to court and is seeking, among other prayers, an order for Mabuza to pay her EGP 50,000 per month. She told the court that the money was used to pay for child support, rent, babysitting, driver fees, medical bills, groceries and her own living expenses, as well as a monthly car loan payment of 18,000 Egyptian pounds with Standard Bank of Swaziland.

Honeyfille insisted that while there may be differences between her and her husband, it should not affect their children. She said she told Mabuza that the needs of the children should take priority but Mabuza allegedly ignored her. “He also told me that even if I approach the respectable court, they will not help me because he is now in detention and he cannot be responsible for the custody of me and the children and no court will listen to my request,” Hloniphile filed the complaint.

She told the court that just a few days ago, she decided to seek the help of legal counsel because her children were suffering and falling behind in their studies. “I am also in increasing debt and the reason I am in debt is because he pays the debt every month.” Hloniphile stressed that Mabuza usually pays allowances, living expenses and school fees and/or related expenses through the Ekhabeni Family Trust or his personal account. She claimed, however, that as of June 13, 2024, €19,302 in tuition fees and €5,000 in monthly car instalments and repairs had not been paid.

nanny

The applicant claimed that with the children at home, she managed to negotiate payment terms with the nanny as she was currently unemployed. “I took the initiative to look for work because the defendant’s unstable child support deposits brought instability to our children’s lives,” she argued. She drew the court’s attention to the fact that her husband was a director and owner of several businesses and earned more than EGP 200,000 per month, which was deposited into the Ekhabeni Family Trust Account and other trust accounts held by the defendant’s family and beneficiaries’ trusts, into which the rents from various properties were deposited.

She told the court that her husband’s detention did not mean he no longer had a source of income. “Despite his imprisonment, he had a source of income and he had control over it. In addition, he transferred about €50,000 to my account every month while also taking care of school fees and other family responsibilities as a father and husband.” She argued: “I am currently unemployed because I have been continuing my studies but the defendant openly discouraged me from continuing my studies, and as a result, my classmates have graduated and found jobs before me, while I have fallen behind.”

The applicant argued that if she had the same opportunity, she would have been able to feed and raise the children, but the defendant had provided them with a comfortable life for many years and always fulfilled her responsibilities. “He only stopped doing this every time we had a misunderstanding, and he continued to do it every time I listened to his request for a prison visit,” the wife said. The case is still before the court. She further argued that even if the defendant (Bacede) had other dependants, they would not be prejudiced by his restoration of the monthly benefit of EGP 50,000 to his children and payment of their school fees, as he had been providing these expenses.

believe

She told the court that even if the money was deducted from the defendant’s monthly income in the trust account, the defendant would still have sufficient funds to meet equally important needs. The applicant said she believed it was fair and reasonable for the defendant to continue to pay €50,000 per month, but not including tuition fees, which were due on May 31, 2024 and therefore had to be paid urgently. “The matter is urgent because it involves child support and school fees issues and the court is the superior guardian in respect of the children. Support issues are urgent in nature.

“As a result, the children were at risk of going to bed hungry because there was no money for food or clothing during this cold winter. I was unemployed and the defendant provided monthly maintenance to his children as well as to me, his wife, at all material times since our marriage,” she argued. The case is still before the courts and the applicant is opposing the application but has yet to file documents. The applicant is represented by Nosisa Hlophe.