Durban - One of South Africa’s richest men has resorted to court action to evict his former girlfriend from the Morningside, Durban, mansion they once shared before what he says was their “singularly unpleasant” break-up.
Alan Burke, founder and chairman of ARB Electrical who has previously made the country’s “rich list” with shares worth more than R600 million, said in affidavit which came before Durban High Court Judge Peter Olsen on Thursday that his eight-year “on-and-off” relationship with Abigail Edwards was over, but she refused to move out of his Mentone Road house.
He alleged she had sold his television set, damaged a marble-top antique table, picked the lock on his private wine cellar, stealing fine whisky and wine worth more than R100 000, chased away a security guard by spraying him with a hosepipe, left his tools out in the rain and cut down a tree.
He also accuses her of contravening a “cohabitation agreement” spelling out terms and conditions of their relationship and the “rewards” of compliance.
Edwards, in a separate court action, is suing Burke for R6m, saying he is the one who broke the agreement.
In his urgent application, brought in terms of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act, Burke said their relationship had always been “tumultuous” and he had broken up with her several times.
In August last year, they got back together and concluded the cohabitation agreement detailing the relationship rules which included that she was not to take diet pills or body enhancing pills which, he alleged, made her aggressive.
He said the agreement was predicated on her living in Cape Town in a house he would buy for about R6m.
The agreement, which is attached to the court papers, stipulated that he would give her R500 000 equity in the property every year and once her equity reached the purchase price, it would be transferred into her name. He would also pay her R40 000 a month.
In return she was to be faithful, not take diet pills and be respectful of his family and friends. Any contraventions would render the agreement null and void.
Burke said he did not buy a house in Cape Town because Edwards wanted to live in Durban and moved into his house instead.
“We agreed to a variation of the agreement that I would invest R2 million in the stock market and R500 000 would accrue to her every year,” he said.
In December he found packaging for slimming tablets in her bag and “I brought the agreement to an end, which I was entitled to do”.
He said Edwards denied breaching the agreement. She denied any variation to it and was suing him for R6 million because he did not buy a Cape Town property.
Burke said he had proposed mediation, but she had refused. He had offered her money to move out of the house, originally R750 000, but now, “given the damage to the property”, R500 000.
“The dissolution of our relationship has been singularly unpleasant… she appeared intent on damaging me and my reputation and has sent defamatory e-mails to the chief financial officer and board members of the listed company whose board I chair.
“The day after the theft of my liquor, she took out a domestic violence interdict against me (ex parte) and then contrived to have me arrested,” he said.
After hearing argument, Judge Olsen, noting Burke’s R500 000 offer, granted an order evicting Edwards, saying she must move out by 2pm on Friday.
Edwards’s attorney Andrea Ward told The Mercury afterwards that her client was persisting with her R6m claim.
She declined to comment further.
The Mercury