Political analyst Moeletsi Mbeki and his ex-wife Mirriam Patsanza are embroiled in a legal battle over payment of her rehabilitative maintenance,18 years after their divorce.
Mbeki, a businessman and chairman of the South African Institute of International Affairs, has asked the Johannesburg High Court to set aside the writ of execution which Patsanza obtained in July 2019 to attach and auction off his movable property at his Joburg home after claiming that he had failed to pay her rehabilitative maintenance and interests amounting to over half a million as agreed in their settlement agreement before their divorce.
The writ, which was given to the Randburg South Sheriff for execution on August 1 2019, reads in parts:
“You are hereby directed to attach and take into execution, the movable goods of Moeletsi Goduka Mbeki, the above mentioned respondent, whose principal place of business (address withheld) and of the same to be realised at public auction, the sum of R519 903,33 together with interests there on at the rate of 10.25 per annum from date of issue to date of payment and costs which are yet to be taxed and also all other costs and charges of the applicant in the said case to be hereinafter duly taxed according to law, besides all your costs thereby incurred,” reads the writ.
Mbeki said the court should set aside the writ of execution or amend it by deleting the sum “R519 903.33“ and replace it with “R110 541,67”.
He also said “10.25 percent“ interests in the writ should also be expunged and be substituted with “five percent.”
Relating the matter, Mbeki said he and Patsanza divorced on July 28, 2004 and their settlement agreement was made an order of court when the decree of divorce was granted.
He said in terms of the settlement agreement, he was supposed to pay her R400 000 and R 50 000 of it was supposed to be paid two days after the decree of divorce was granted.
Mbeki, an astute businessman and revered think tank, said the balance of the outstanding quantum was supposed to paid in R 50000 instalments per month plus 5 percent interests. He said he paid the R50 000 on December 7 ,2003 and paid a total of R200 000 in instalments between December 2003 and July 2007.
In addition to the R250 000 paid, he said Patsanza, a television journalist, took the rest of the R160 000 proceeds of the sale of the property they jointly owned and did not pay him his equal share.
“The respondent appropriated the entire R160 000 failed to pay to me my half share. As a result , she was indebted to me in the sum of R80 000. This amount was set off against the amount I owed her in terms of the settlement agreement,” read the papers.
Mbeki said when he calculated his balance up to 29 February 2020,including the interests, he owed Patsanza over R110 000 and not the over half million she claimed in the writ.
“It should be noted that the respondent seeks to claim more interests as opposed to the agreed interests as set out in the agreement of settlement. In the premises the writ of execution incorrectly claims payment for the sum of R519 903.33 and ancillary relief. In the premises the writ of execution stands to be set aside alternatively to be amended to reflect the correct balance outstanding,” read the papers.
Mbeki’s application will be heard at a date still to be determined by the court.
