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Mohair chip R Lloyds TSB Account 2 FNB Account Jenna Trust loan account 25 C de V Pienaar Trust loan account 5 Loan R Pienaar 30 Insurance Policies Lonmin shares 2 Stanlib Investments 3 Dwelling in Beaufort West Household and personal effects 60 Motor vehicles and farming equipment Farm implements Unlisted shares 2 Livestock Game SARS 1 Oval Investments Total Assets: R2 Bank overdraft Rl 18 Credit card R Pienaar 45 Municipal costs Beaufort West property District Municipality 4 M P Pienaar contingent liability 50 Total Liabilities: R The respective earning capacities of the parties.
Initially it was, it seems, not seen as source of income, but over the years this has changed and hunting has become a real source of, largely undeclared, income on both farms. On Juriesfontein the hunters were accommodated in a foreman's house which was later renovated by the plaintiff's and defendant after their marriage. After renovations to the main house, the guesthouse section was also used to accommodate the hunters and the plaintiff provided catering for those hunters who required it.
Initially the income derived from the guesthouse and catering was used by the parties to defray expenses regarding the renovations and for the plaintiff's sons, but later the money went to plaintiff and was used for overseas travel. The plaintiff also received some income from her father and later from Roland du Toit arising from the hunting income on Bakensrug.
The income from the game shot on Juriesfontein went to defendant. During 1. Their son James was born on 24 February , but later that year the plaintiff was admitted to Tygerberg Hospital where she was treated for a psychiatric problem which was later during , diagnosed as a chronic bi-polar disorder.
She has had a history of swings between mania and depression from at least the birth of James in Defendant has, however, described earlier physical and verbal outburst from soon after their marriage in which he accepted at the time as being normal in a marriage. From approximately to , when she left Juriesfontein, she ran a guesthouse on the farm and also for a time in Beaufort West Ellwood.
She also did the catering for the hunting groups that visited Juriesfontein during the winter months. For the rest, she was a farmer's wife on a karoo farm. She testified that while she would prefer to work, she will not be able to cope with the demands of formal employment. She is currently on medication to keep her condition stable. Nevertheless, during the time the plaintiff spent in the witness box, she exhibited noticeable signs of becoming anxious, over excited and distracted and she appeared at times to be unable to restrain the flow of thoughts passing through her mind.
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Dr Fay Thornley, a psychiatrist and the clinical psychologists messers van Wyk and Kahn who had all examined the plaintiff, drew up a minute pursuant to their meeting on 31 January wherein they stated their agreement regarding the plaintiff's mental state, as follows:. She suffers from Bipolar disorder of long standing. Her prognosis is not good, but with optimal psychotropic medication she could be more controlled, stable, independent and able to conduct her own life.
She is not a candidate for the open labour market, even with optimal treatment, and it is improbable that she would find and sustain employment. At best she may be able to function within a very supportive and lenient work environment, similar to what she had while she was on the farm. I do not think that the defendant has a proper understanding and insight into the plaintiff's mental state.
I consequently accept the view of the mental health experts in regard to her ability to work at present. The plaintiff testified to an understanding of and insight into her condition.
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I nevertheless agree with the submission made by Mr Gamble on behalf of the plaintiff, that at this stage her employment prospects are too uncertain to attribute any earning capacity to her. The only income she does have is. He learned his trade from his father whose views he continues to hold in the highest regard as his teacher and mentor who taught him to have respect for the farm.
By following his father's example and advice, he has farmed cautiously and successfully by not overgrazing the veld and by not incurring any substantial debts. He is obviously a cautious, hardworking, responsible and diligent farmer. Over the years he has been directly and actively involved in all aspects of the work on the farm.
His dedication to and love for the farm was clear throughout his evidence.
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His aim, he stated, is to be able to pass on the farm to the next generation in an improved state. He is clearly most afraid that any order which is made in this matter might jeopardise the farm and the farming enterprise on Juriesfontein. She is a teacher in de Aar which is situated about kilometres from Juriesfontein. Her husband farms in the district of de Aar. The defendant testified that he concluded the lease after he experienced headaches during the course of and he had taken advice from his attorney in Beaufort West.
His general practitioner told him that the headaches were probably stress related and prescribed medication which he has found affected his ability to think and act. He concluded that it would be best if he sub-let the farm. None of the defendant's sister, his attorney or his general practitioner gave evidence. The defendant continues to live on the farm and his sister, with the assistance of the farm manager on Juriesfontein, Mr Jan Barbers, is purportedly carrying on the farming operations, from de Aar. The lease is at a rental of R ,00 per year but is terminable on one months notice by either side.
Mr Gamble argued that the sub-lease is a sham and is no more than an attempt by the defendant to limit his income for the purposes of this litigation. He pointed out that in May the defendant applied to his bank for an increase in his overdraft to R80 , The internal bank report recommending the increase of R 30 ,00, contains the responsible bank official's statement that the increase was sought.
In giving the background to the request, the official stated:. Mr Pienaar is a customer of long standing who is very well to do and he approached us to increase his facility to R 80k to enable him to reduce his income through his account until his divorce is settled in November, which is a recommendation from his auditor.
The divorce trial was set down for hearing during November , but was postponed due to the plaintiff's mental health at the time. At times the defendant was clearly in agony in the witness box at the mere thought that he might loose Juriesfontein for future generations. I have little doubt, given the kind of person he is and his close relationship with the farm and its well being, that the lease will be terminated and that he will resume full control over the farm as soon as the these proceedings have come to a conclusion.
In saying all this, I do not intend to convey that the defendant is a devious person. He obviously received advice and resorted to these measures in a desperate attempt to ward off what he clearly perceived to be a threat to his position as custodian of Juriesfontein for future generations. It does mean, in my view, that the defendant's ability to pay maintenance must not be judged solely on the basis of his income as lessor.
The defendant is clearly in a position to pay maintenance and has in fact, as indicated earlier, in effect conceded during the course of his evidence that he is able to do so.
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The only real issues are the amount and the period of such maintenance. Mnr Gamble has prepared a summary in the form of a table of the defendant's turnover and taxable income over the tax years to Mr Shelley has attempted to determine the defendant's income by way of reconstructing his income, taking into account amounts not disclosed, as follows:. Rental for farm Mohair clip held back Hunting - July season 80 Total income: R Usufruct mother 27 Medical aid and insurance self 25 Telephone 3 Cellphone James and Charl 4 Interest on overdraft 11 Bank costs 6 Mother's house rates and taxes 3 Water and electricity mother's house 3 Wages 9 Electricity and water farm 2 Fuel 7 Living expenses 13 Internet 1 Legal DSTV 4 Accountant 5 Vehicle maintenance, tyres, ect 12 Sundries 6 Total expenses: R Mr Gamble has suggested that having regard to the defendant's income and expenditure properly adjusted, he has an amount of R 16 ,00 per month over to allocate to the plaintiff's maintenance.
I do not think that it has been shown that the defendant would have such amount available on a consistent basis. The defendant is also responsible for the maintenance of his mother and James. The defendant is clearly a prudent and responsible entrepreneur and in the exercise of the wide discretion given to the court under section 7 2 of the Divorce Act, I have to arrive at a figure which I consider just, having regard to the relevant circumstances.
The financial needs and obligations of the parties. Some of these figures were conceded in cross examination by Mr Smith on the defendant's behalf while others were disputed. During argument some of these claims were further reduced. The amount now claimed by the plaintiff is Rl 4 ,00, which is arrived at as follows:. Levy general R Special levy 3 months Bond 2 Electricity Landline Cellphone House contents and motor vehicle Domestic worker Service and repair of household appliances, Groceries including minerals, food, cleaning 1 Motor vehicle:.
Licence Parking Petrol and oil Provision for replacement of tyres every two years Servicing and repairs AA Membership Internet subscription Hairdresser Security service Clothing and accessories Donations Pocket money incidentals, yoga, milk and bread, etc Toiletries and cosmetics, beauty therapy, skin care, Medical aid contribution 1 Therapies and massages Newspapers and periodicals Stationery, photographs, photocopies Shows, dining out, liquor, books and gifts Pottery kiln and clay Gym membership Gardener Gardening - plants, fertilizer, etc Presents birthdays, Christmas, etc Camera batteries and film The age of each of the parties.
The duration of the marriage. They have now lived apart for 2 years. The standard of living of the parties prior to the divorce. Neither appear to have extravagant tastes and the defendant is obviously careful with his money and was not likely to spend it on luxuries. They clearly did not want for any necessities of life. The photographs which form part of attorney Landman's expert report show that the farm and farm buildings to be well kept and the farm house and surroundings to be very pleasant and comfortable.
The plaintiff travelled overseas more than once, making use of money saved from income generated by accommodation and catering for the hunters. The dolerite koppies. Enquire at the Beaufort West Tourism office. This little find is in the most unlikely location. The 4 Sheep restaurant, deli and convenience store are all situated at the Caltex service station in Donkin Street. The locals go there to eat there is no better guarantee that the food is delicious!
Pop in during your visit. Rooms at the intimate Garden Corner Guesthouse just outside town range from R for two guests. Bigger rooms are available for the entire family, and breakfast is offered on site. These are just a few of your options while visiting the town. Spend a few days in this beautiful space and get to know Beaufort West — the new and the old.
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A great pioneer of medical science
This material may not be published, broadcast, rewritten or redistributed without permission. Save my name, email, and website in this browser for the next time I comment. The heart machine in the museum.
Karoo National Park. Rock etchings at Nelspoort.