A Gauteng High Court in Pretoria ruling has left an abusive husband with nothing from his marriage after the court ordered him to forfeit all benefits from the joint estate, including the family home in Eersterust.
High Court Orders Full Forfeiture
The couple married in community of property in December 2000. The wife later issued summons for divorce and asked the court to order forfeiture of all matrimonial benefits her husband would otherwise receive.
Judge Noluntu Bam granted the forfeiture order and directed the husband to transfer his half share of the Eersterust home into his wife’s name. If he refuses to sign the transfer documents, the Sheriff is authorized to sign on his behalf.
Abuse Detailed in Evidence
In court, the wife testified that she obtained four protection orders against her husband over the years. She described a long pattern of abuse, including sexual violence and violent assaults.
She also told the court about an incident where she was allegedly assaulted and strangled in a vehicle. The evidence presented was that she later needed surgery to repair her eye. The husband was subsequently convicted and sentenced to five years in prison.
Financial Neglect and Mounting Debt
The wife testified that she was the household’s sole provider while her husband abused drugs and alcohol and struggled to keep steady employment. She said they agreed he would pay municipal charges like water, rates and electricity, but he did not contribute.
According to her evidence, the municipal debt linked to the household had grown to about R400,000, which she said she must now pay off. She also told the court she took out a loan to fund his cabin crew training. He later worked for Mango for a period before losing that job.
Why the Court Ruled Against Him
When it was his turn to respond, the husband presented no evidence to counter his wife’s version. The judge accepted the wife’s testimony and found the husband’s conduct amounted to substantial misconduct and evasion of responsibility, justifying a full forfeiture order.
Discussion