WINDHOEK – After New Era ran a story about a 92-year-old man instituting divorce proceedings against his wife because of alleged promiscuity, the family of the woman contacted New Era to put the record straight.
They showed the newspaper various court documents dating back to 2009 indicating that it was in fact the woman, Theopoldine Katjivikua, and not her husband, Jesaja Ewald Katjivikua, who suffered continuous mental and physical abuse.
Doris Kaumbi, the lawyer for the embattled woman also had serious misgivings about the claims made by the husband.
Springing to their mother’s defence, her children quickly contacted New Era to inform the paper of their mother’s abuse at the hands of their father.
New Era is in possession of a statement that Theopoldine made in July, 2010 in which she describes how her husband of 38 years deserted her and refused to support her financially despite her suffering from debilitating illnesses and needing constant medical attention.
Her illness was what initially caused her husband to desert her, Theopoldine claimed in court papers.
In his claims her husband alleged that he was “frequently denied love, affection, intimacy and marital privileges” and that his wife showed no intention to continue with the marriage.
Theopoldine counterclaimed this and said that it was in fact Katjivikua who showed no interest in continuing with the marriage.
She said that Katjivikua moved out of the common bedroom in September 2010 and then completely deserted her by moving out of the common home during September 2011.
She also states in her counterclaim that her husband used foul and abusive language towards her, assaulted her on several occasions in front of employees and embarrassed her in public by shouting at her.
She also stated that Katjivikua falsely accused her of having extramarital affairs and of stealing from him.
According to Theopoldine she has been a “humble” wife to her husband and never “expressed her rights as a woman married in community of property”.
She further stated that she faithfully stood by her husband and contributed to their joint estate by manning shops in Gobabis and by hawking.
All of the profits from the businesses went into the bank account of her husband, she maintained.
On the allegations that she “stole” from her husband, Theopoldine said that she only exercised her right as co-owner of everything her husband owned.
The parties reached an out of court settlement which dictates that the farm of the couple, Vredehof No. 739 in the Gobabis district will be divided into equal portions and Theopoldine will get the portion on which the main dwelling is situated while Katjivikua will keep the other half.
It was also agreed that Theopoldine will keep the farm furniture and household appurtenances and Katjivikua will get the bedroom suite, three rifles, a Mercedes truck and Land Cruiser.
The couple’s two shops in Gobabis will be sold and each will receive an equal share of the proceedings and the livestock will be divided equally amongst the two.
Werner van Rensburg from Isaacks and Associates represented Katjivikua.
By Roland Routh