Former Cabinet minister Charles Namoloh has claimed in court papers that his wife of 25 years has deserted him and refused him conjugal rights. According to him, the conduct of his wife has led to the total disintegration of their marriage.
Namoloh, who last served as safety and security minister, has asked the court to grant him custody of their two minor children and an order declaring his wife Hilma Tuhafeni Namoloh forfeits all rights and benefits to any properties accrued during the subsistence of the marriage.
This includes a homestead at Odibo in the Ohangwena region, a communal farm in the Uukwangali Traditional Authority in Kavango
West and the matrimonial home in Windhoek’s Pionierspark.
According to Namoloh, Hilma has no rights to the properties, as they were married out of community of property, claiming he acquired them without any input from her. He further said as a father of 20, 13 of whom do not have mothers, he intends to put the Pionierspark house into a trust for the benefit of all his children. However, the wife countered this.
According to her, it was only through ignorance at the time of the marriage that it was conducted according to the outdated Proclamation 15 of 1928, which did not have a stipulation that all marriages performed in the then Owamboland are out of community of property.
According to her, their marriage was always conducted in a manner reflecting that of a marriage in community of property. Hilma claimed she contributed significantly to the upkeep of the matrimonial home in Windhoek and did substantive renovations at the Odibo household.
She also told the court that she established a poultry project at the communal farm. In fact, Hilma countered, the remodelling of the
Odibo household cost her in the region of N$300 000 and the poultry project that folded due to no fault of her own another N$300 000.
She claimed her husband denied her access to the farm, which led to the failure of the poultry project.
Furthermore, she said, the property in Windhoek was bought jointly by them and they are co-owners. She further disputed the disintegration of the marriage was due to her. In fact, she claimed, it was Namoloh who abandoned the marital bedroom and has taken up residence in the outside flat.
She further claimed he is the one who is not interested in continuing with the marriage and is engaging in extra-marital affairs. According to Hilma, it is her husband who persistently refuses to communicate with her despite several attempts from her side. The wife claims he always
directs that she communicates through third parties or within crowd settings. She is asking the court to order Namoloh to transfer
ownership of the Pionierspark property into her name upon her payment of half the evaluated value of the property.
She also wants N$600 000 in respect of her contributions to the Odibo homestead and the communal farm.
She is further asking for custody and control of the minor children and maintenance of N$3 000 per child every month. Namoloh is represented by James Diedericks and Nambili Mhata on instructions of Sisa Namandje and Hilma by Samson Enkali on instructions of Kadhila Amoomo.