News / Local
Businessman's wife, mistress battle over court order
03 Jul 2014 at 08:00hrs | Views
PROMINENT Bulawayo businessman, Alison De Souza's wife Beverly yesterday dragged De Souza's mistress to court for allegedly violating a peace order barring her from communicating with him.
The mistress, Pamela Peters, 42, who has a one-year old daughter with De Souza appeared in court on a charge of contempt of court.
Beverly was last year granted a peace order against Peters after discovering the illicit affair.
The order was made before Peters gave birth to their daughter. She recently phoned De Souza to consult over the baby's birth certificate.
Prosecuting, Dennmore Kasenza told the court that Peters violated the court order after she called De Souza on his cellphone to enquire about their child's birth certificate.
"On June 22 at around 11PM, Peters called De Souza on his cellphone asking him about the birth certificate of their daughter. She in the process violated the peace order which was granted on January 18 last year. Peters was ordered to stop communicating with De Souza," said Kasenza.
Peters was represented by Byron Sengweni of Mcijo and Dube legal practitioners.
Sengweni yesterday argued that the peace order had expired and appealed for the charge to be dismissed.
"Your worship, this peace order was granted in January last year. A peace order is valid for 12 months only and as such the order has since expired," said Sengweni.
The lawyer also argued that the order was granted before paternity test results which proved that De Souza was the father of Peters' daughter, were out.
"Peters and De Souza have a child together but the Maintenance Court did not make provisions for that before this matter was brought here today. Peters has a right to communicate with the father of her child," said Sengweni.
The pair's affair allegedly started in 2010, and their attempts to conceal the relationship were in vain.
On January 18 last year, Beverly applied for a peace order barring Peters from communicating with her husband.
Peters gave birth less than two weeks later and on October 28, 2013 she applied for maintenance.
Peters was at the time demanding $1,000 for the upkeep of their daughter.
De Souza who objected the maintenance claim through his lawyers, requested paternity tests.
On May 22 this year, the paternity tests proved that De Souza is indeed the father of Peters daughter and he started paying $400 maintenance.
Two weeks ago, Peters phoned him enquiring about their daughter's birth certificate, triggering the latest court battle.
Magistrate Sibongile Msipa is expected to make a ruling on Sengweni's appeal for a discharge.
The mistress, Pamela Peters, 42, who has a one-year old daughter with De Souza appeared in court on a charge of contempt of court.
Beverly was last year granted a peace order against Peters after discovering the illicit affair.
The order was made before Peters gave birth to their daughter. She recently phoned De Souza to consult over the baby's birth certificate.
Prosecuting, Dennmore Kasenza told the court that Peters violated the court order after she called De Souza on his cellphone to enquire about their child's birth certificate.
"On June 22 at around 11PM, Peters called De Souza on his cellphone asking him about the birth certificate of their daughter. She in the process violated the peace order which was granted on January 18 last year. Peters was ordered to stop communicating with De Souza," said Kasenza.
Peters was represented by Byron Sengweni of Mcijo and Dube legal practitioners.
Sengweni yesterday argued that the peace order had expired and appealed for the charge to be dismissed.
"Your worship, this peace order was granted in January last year. A peace order is valid for 12 months only and as such the order has since expired," said Sengweni.
"Peters and De Souza have a child together but the Maintenance Court did not make provisions for that before this matter was brought here today. Peters has a right to communicate with the father of her child," said Sengweni.
The pair's affair allegedly started in 2010, and their attempts to conceal the relationship were in vain.
On January 18 last year, Beverly applied for a peace order barring Peters from communicating with her husband.
Peters gave birth less than two weeks later and on October 28, 2013 she applied for maintenance.
Peters was at the time demanding $1,000 for the upkeep of their daughter.
De Souza who objected the maintenance claim through his lawyers, requested paternity tests.
On May 22 this year, the paternity tests proved that De Souza is indeed the father of Peters daughter and he started paying $400 maintenance.
Two weeks ago, Peters phoned him enquiring about their daughter's birth certificate, triggering the latest court battle.
Magistrate Sibongile Msipa is expected to make a ruling on Sengweni's appeal for a discharge.
Source - chronicle
