A prominent South African artist has become the first musician on the continent to become a billionaire. That is if claims made by his estranged wife in their divorce battle are anything to go by.
The wife made the startling claims about her husband’s billionaire status in the court papers she filed at the Joburg High Court last week, in which she is asking for an indefinite postponement of their divorce trial and R400-million from their “joint estate”.
The musician and his wife, who cannot be named for legal reasons, separated a few years ago after the wife accused the musician of physical abuse and infidelity.
After the disintegration of their marriage, the wife applied for a decree of divorce and equal share of the artist’s wealth, arguing that they were married in community of property.
The award-winning musician is opposing her demand for division of the joint estate, claiming that they were married out of community of property.
In the court papers that we have seen, the wife asked the indefinite postponement of the trial that was supposed to commence on Tuesday, and undertook to pay her husband’s wasted costs.
In her plea for the matter to be postponed, she said the main dispute between her and her husband was whether they married in community of property, noting that this is dependent on the question whether the antenuptial contract they concluded several years ago was valid or not.
The court papers read in part: “If the antenuptial contract is found to be invalid or unenforceable, then in that event the plaintiff contends that the parties were married in community of property. This means that the plaintiff and the defendant would have to divide the joint estate.
“The defendant [name withheld] in this matter is well-known, with an estimated net asset value of approximately R800-million to R1-billion.
“The plaintiff on the other hand does not own any meaningful assets. Accordingly, and in the event of the plaintiff being successful with her contention that the antenuptial contract is invalid or unenforceable, upon the division of the joint estate, she will receive an amount of R400-million to R500-million from the defendant.
“On the other hand, if the antenuptial is found to be valid and enforceable, the plaintiff will only receive an amount of approximately R4 000 000 being the agreed value that the plaintiff would receive upon divorce.”
The woman also said she found it difficult to give her lawyers instructions to prepare for the matter, because she was, among others, traumatised and is struggling to provide them with comprehensive version of events.
She said after attending several counselling sessions, she was able to provide her legal team, which she has expanded, with a clear picture of her version of events.
As a result, she and her legal team wanted sufficient time to flesh out the antenuptial contract and needed to amend her particulars of claim. She said she informed her husband’s legal team at a pre-trial conference on October 22 of her intention to effect the amendment.
Her husband and the legal team wrote back to her and her lawyers and said her intention to amend her plea would prejudice him, as she was now introducing new facts, 10 days before trial.
She said her husband and his legal team instead asked her to file a substantive application for postponement.
After several arguments of whether the matter should be postponed sine dine, the registrar ruled in her favour. “The matter is postponed sine dine.”
“The plaintiff is ordered to pay the defendant’s wasted costs occasioned by the postponement up to October 28 2022, subject thereto that such wasted costs will only be taxable and payable on finalisation of the entire divorce proceedings,” reads the order.
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