A woman turned to the Gauteng High Court, Pretoria, for her alleged killer husband to pay her maintenance.
A businessman who is awaiting trial in prison for allegedly murdering his elderly parents, his domestic worker and the attempted murder of his wife, who was shot in the face, has to pay her R84 000 maintenance a month pending their divorce.
The wife turned to the Gauteng High Court, Pretoria, where she said she needed the money to take care of herself. Her husband, meanwhile, also has to foot the bill for some of her other needs, which include her medical bills.
The court was told that the couple were married in 2012 and they had a normal marriage relationship and enjoyed a comfortable lifestyle.
However, in January last year, the husband allegedly shot and killed his elderly parents, the domestic worker, and the wife’s biological daughter. It is also claimed that he attempted to kill his wife by shooting her in the face.
The court was told that in her attempt to flee the scene, the wife sustained severe injuries. She broke her shoulder, severely damaged her upper jaw, lip, palate, and tongue. Furthermore, the projectile got stuck in her skull.
The wife said she has had to undergo several reconstructive surgeries to repair her face. While in hospital in the trauma Intensive Care Unit, her life support system was apparently tampered with and unplugged on two occasions.
She told Judge Jabulani Nyathi that she has had to receive trauma counselling to deal with this ordeal.
It was further said that while incarcerated, the husband has attempted on various occasions to locate his wife’s whereabouts, which has resulted in her moving to a new home.
The court was told that the wife, who previously worked for her husband, is currently unemployed. The prospects of her gaining employment in the foreseeable future are very unlikely due to security concerns, psychological trauma, and reconstructive surgeries still to be undergone.
She estimated her reasonable and necessary monthly expenses at R84 000 per month and has thus far been financially provided for by her husband’s children.
It was argued on behalf of the husband that due to his incarceration and the conditions under which he now finds himself, he has no access to information regarding his wife’s financial situation, apart from snippets of news he gets from his family when they visit him.
Thus, it was argued, it was not possible for him to place his financial statements before the court as required in these types of applications.
Judge Nyathi was told that the court should make a dispassionate assessment of what the applicant’s (wife) needs are, and whether the husband can afford to pay the maintenance she said she required.
It was pointed out by counsel for the husband that her husband’s company has paid her R53 000 a month since the incident.
He also denied that she can no longer work and said there is nothing standing in her way to pursue her previous occupation.
But Judge Nyathi said in this regard: “I am not persuaded that this is the case having regard to the sequelae arising from her injuries sustained in the unfortunate attack that befell her.”
The judge added that the husband has not shown a “manifest desire” to evade his lawful obligations towards his wife. “This is also not a case where the applicant’s demands may be labelled as extortionate or unreasonable,” the judge said.
In also asking for a R350 000 contribution from her husband towards her legal bill, which was granted, the judge remarked that the financial need of the wife cannot be gainsaid.
zelda.venter@inl.co.za