Dear Ms Kohler Barnard

Where to from here? The background to my issue is long but I will only supply highlights here.

My husband asked for a divorce on 8 Oct 2017 but failed to take action. I then served summons on 16 Apr 2018 and left KZN, as per our agreement, on 19 Apr 2018. My husband reneged on most of what I agreed to and stopped financial assistance altogether in Aug/Sept 2018. I was granted maintenance by means of a Rule 43 in the High Court in Port Elizabeth on 26 May 2019. Still he did not pay and I approached the maintenance court at the New Law Courts in Port Elizabeth, where I was then residing, for assistance. My husband was summoned to appear on 24 Oct 2019 but failed to show up. (My husband cut off all communication with me in Aug 2019). He signed for the summons and apparently left for Dubai on 14 Oct 2019. The magistrate issued a warrant of arrest for failure to appear. The warrant was eventually received by Hillcrest SAPS in February 2020. I received a phone call from Const Khoza verifying my husband's address in Waterfall.

I heard nothing more from him and made enquiries in early March 2020. I could not get hold of Const Khoza and eventually spoke to Col Mabazu who then called me back after she spoke Const Khoza. Apparently he did arrest my husband but released him because there were "no transport arrangements in the file" and he did not know what to do with him. I heard nothing more from SAPS Hillcrest and was just never able to speak to Const Khoza.

I eventually complained to the SAPS Regional Office and was contacted by Capt Cheryl Parusnath. She handed the complaint over to Col Chiliza who then called me. During this call he undertook to personally handle this warrant after I explained to him that my husband's failure to pay and his refusal to communicate, constitutes emotional and financial abuse (as per Rule 116 of 1998). He agreed with me and gave me his word that my husband will be in custody soon. (When lockdown hit us, I thought that would be the ideal time to execute the warrant, but this was not to be). It is now 1 year and 7 months since the warrant was issued.

I have been in contact with Col Chiliza via WhatsApp all along. Col Chiliza told me once that he phoned my husband who then informed the Colonel that he was in Cape Town at that time but "while he is this side, he will go to the court". Really? How could Col Chiliza think that he would travel 800km to go to a court that issued a warrant of arrest for him?

I last had a phone call from Col Chiliza on 29 April 2021. After a 10 minute conversation, he promised to phone me the following week with feed back. I have since sent him WhatsApp messages on two occasions. He read them but did not respond.

Now I know the warrant is between the state and my husband and has nothing directly to do with me. However, getting my husband to court here in Port Elizabeth is the only way I have to finalise my life with this man. As long as we are married, I am subjected to the emotional abuse, because there things I just cannot get done whilst being married in CoP. Should I find employment (at my age, not so easy) I cannot replace the vehicle the bank repossessed because he failed to pay for my car as per the Rule 43.

I think you understand my predicament without me having to elaborate further.

Please, any advise would be appreciated.

Thank you kindly

Jomarie vd Westhuizen