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Ex claims R2.1m from Steve
18/03/2008 09:55 - (SA)
Philip de Bruin , Beeld
Johannesburg - Steve Hofmeyr "in exchange and as compensation for" Janine van der Vyfer's involvement in a relationship with him, undertook in 2006 to give her, among other things, a house and monthly maintenance.
The new allegations emerged in court documents wherein Van der Vyfer is claiming R2.1m from Hofmeyr.
These court documents "disappeared" from a court file last week but Beeld managed to obtain a copy on Monday.
Van der Vyfer's claim and Hofmeyr's exception against it that it did not show any indebtedness was to be submitted to the court last Tuesday.
Van der Vyfer's legal representative Anneline Snijman, however, said she wanted to amend some of the details of Van der Vyfer's arguments and the hearing was postponed indefinitely.
Snijman said it would be a minor amendment.
The amended arguments were not yet available but according to the version that had still been valid until Tuesday, Van der Vyfer said, among other things:
"During about March 2006 Mr Hofmeyr orally took it upon himself that, in exchange and as compensation for Ms Van der Vyfer's involvement in the relationship and her devotion to Mr Hofmeyr and for her support and encouragement of him" to buy her a house of R1.2m, to pay her R10 000 monthly in respect of her living costs and to "give her R400 000 forthwith as business capital" in order to enable Van der Vyfer to set up and establish a fitness studio.
Hofmeyr's exception to Van der Vyfer's claim is based on the "in exchange and as compensation for" claim.
"South African law does not recognise the right of a person involved in an extra-marital relationship to be compensated for her continued involvement in the relationship.
"It must be added that any donation contract that is supposed to be dependant on a future marriage which legally cannot take place (as in this case) is void and unenforceable.
According to Hofmeyr's arguments Van der Vyfer's claim thus did not make out any indebtedness and it was inadmissible by law.
She also claimed R350 000 from Hofmeyr because of his "wrongful and deliberate behaviour" of referring to their relationship "disparagingly" as a "pop star diversion", dishonoured her and damaged "her self-worth, personality, sense of piety and self-respect".
Furthermore, he only made this statement after he had told her that he "loved her unconditionally, that he needed her as love partner and life partner and that he treasured her and would keep her as love partner and life partner and that she had to be available to him as love partner and life partner at all times and remain available".
Hofmeyr's response thereto was that the words "pop star diversion... especially under the circumstances, were not reasonably defamatory" and that this claim was also "inadmissible to the law".
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South Africa
