Ex gets best of tycoon

18 May 2016 - 08:27 By LEONIE WAGNER

The couple, married in community of property, have been involved in a bitter divorce since 2012. While they both agree to the divorce, their legal dispute relates to the division of their joint estates.The latest court spat started in August 2014 when the wife subpoenaed the chartered accountant at the helm of the man's company, believing it would expose a money trail from the company to two trusts. She claimed the trusts, which have a 25% stake in the company, are part of her husband's "alter ego".The company's lawyer, Rael Gootkin, approached the Constitutional Court to prevent the woman from gaining access to company documents. But, last week the Constitutional Court dismissed their application, stating it "bears no prospects of success".The woman's lawyer, Beverley Clark, said this victory was "an enormous relief" following what she believed was "a very unequal contest between [her client who has little money] and a big company with a seemingly endless war chest with which to litigate".In an affidavit submitted to the court last month, Gootkin slammed the woman's demands, saying the subpoena was "oppressive and unduly onerous" because it would require the company accountant to sift through documents dating back to 1993.The company was also concerned about competitors accessing the "highly confidential" information.Previously, the Johannesburg High Court and the Supreme Court of Appeal dismissed the company's application for leave to appeal.In November, acting judge Daniel Berger found that the documents were relevant to the divorce and that [the woman] "has a right to examine the documents to assess if they can assist in her claim".Divorce lawyers said it was common for spouses to issue subpoenas for financial records.Attorney Bertus Preller said: "If a party to divorce is determined not to disclose an asset and has a web of companies and trusts it is extremely difficult, time consuming and expensive to get to the whole truth. I, therefore, welcome the Constitutional Court decision, it can only level the playing field and bring about fairness."According to Clark, the documents will be provided to the woman and her legal team next month...

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