The High Court has ordered an elderly man to pay yearly maintenance to his spouse and directed that their customary marriage be formally registered.
This follows an application by Manetta Coshiwe Dlamini (72) against Fanyana Jacob Dlamini (78), seeking an order compelling Fanyana to pay her monthly maintenance of E5 500 as well as E2 000 for seasonal clothing.
Alternatively, she sought a lump sum maintenance of E66 000 per year in addition to the clothing allowance. She also requested the court to direct Fanyana to register their customary marriage, which was entered into around 1972.
In her founding affidavit, the applicant detailed her financial needs and claimed that Fanyana had the means to support her. However, the court noted that much of the affidavit contained unnecessary material that did not assist in determining the key issues, namely the respondent’s duty to maintain and his financial ability to do so.
Justice Zonke Magagula stated that Fanyana did not dispute his duty to maintain the applicant. He also consented to the registration of the customary marriage.
As a result, the only issue for determination was the appropriate amount of maintenance.
The court heard that both parties were married under customary law in 1972 and had six children, all of whom are now adults. The parties separated in 1986 and have lived apart since then. Their marriage was never formally registered, although Fanyana acknowledged its existence.
The applicant alleged that the first respondent earned about E300 000 annually from sugarcane farming and was therefore able to pay the maintenance sought. She itemised her monthly expenses, including E1 500 for food, E800 for medical costs, E700 for toiletries and E2 500 for accommodation.
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She also informed the court that her house had been destroyed by fire in 2024 and that she was currently living in a one-roomed flat provided by her grandchild.
However, the first respondent disputed the applicant’s claims regarding his income. He stated that although he was a small-scale sugarcane farmer at Vuvulane, his earnings were significantly lower than alleged.
He told the court that in 2024, he earned a gross income of E223 917.34 but after deducting production costs such as chemicals and mechanical expenses, his net income was E61 731.61.
The court accepted that the respondent’s financial position did not support the level of maintenance sought by the applicant.
Justice Magagula noted that there was insufficient evidence regarding how the respondent utilised his income, including whether he had other dependants or business obligations.
Despite this, the court held that the applicant was entitled to maintenance, given her age, lack of income and inability to secure employment.
The judge emphasised that in such matters the court must consider what is fair and equitable, taking into account the needs of the applicant and the respondent’s ability to pay.
On the issue of the unregistered marriage, the court observed that the passage of time might make it difficult to secure witnesses to confirm the union. It suggested that the registrar could rely on alternative forms of proof, such as confirmation from the local umphakatsi.
In its final order, the court directed Fanyana to pay the applicant E10 000 once a year within seven days of receiving payment from the sugar mill for his sugarcane proceeds.
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The court further ordered Fanyana to make himself available for the registration of the marriage within 21 days.
The registrar of births, marriages and deaths was also directed to register the customary marriage upon presentation of evidence from the umphakatsi of Manyeveni in the Lubombo region.
No order as to costs was made.
