Cheating husband wins court case after mistress was forced to repay ‘hidden’ R610,000
A cheating husband has won an appeal that turned the tables on his ex-girlfriend, who must now repay R610,000 after a lengthy legal battle.
A Johannesburg man identified as HW, who was married in community of property to SJW, has won a court battle after his former girlfriend was ordered to repay R610,000. The case arose when HW transferred the funds to his girlfriend, RS, in an attempt to conceal money from his wife in the event of a divorce.
Back in 2015, HW began an affair with RS. Two years later, in 2017, he made three withdrawals amounting to more than R850,000 from his investment account. Of this, he transferred R610,000 to RS in two payments of R210,000 and R400,000. The money, he later claimed, was a loan meant to be repaid.
Why did the girlfriend say she didn’t owe the money?
According to IOL, RS argued that the funds were a donation, not a loan. She said HW gave her the money to help settle her business debts and that she viewed it as a gesture of commitment. RS also believed the money was a sign that HW would leave his wife and be with her exclusively.
HW, however, told the court that while he had considered ending his marriage, he was still undecided and wanted to “wait and see” how things unfolded before committing to RS.
What did the original court decide?
The South Gauteng High Court initially ruled in favour of RS in November 2023. Judge Stuart David James Wilson found HW’s testimony unreliable, noting that his actions stemmed from dishonesty. The judge said the husband’s attempt to hide money from his wife undermined his credibility, and therefore, he failed to prove that the payment was a loan.
What changed during the appeal?
The case was later revisited by a full bench of the High Court. During the appeal, judges reviewed WhatsApp messages exchanged between HW and RS. These messages showed that HW referred to the money as a loan several times, asking when RS would repay it. RS responded with statements such as “I know I owe you,” “I will pay you as soon as I can,” and “Please give me time.”
In one message dated 4 June 2018, RS wrote, “Let me first sort out my life and then I will give you back your money.” Similar admissions followed throughout June and July that year.
What was the final outcome?
The court found that these messages were a genuine and clear reflection of the pair’s dealings. The bench concluded that RS had acknowledged the debt multiple times and that HW was unlikely to have made a gift of such a large sum, especially while his marriage was strained and a divorce was possible.
On this basis, the judges ruled that the funds were indeed a loan. “On a holistic assessment of the evidence, the plaintiffs discharged the onus of proof,” the judgment read. The court ordered RS to repay the R610,000, including interest and the legal costs of the application.
The ruling effectively reversed the previous decision, bringing closure to a long and complex legal battle that intertwined deceit, financial manipulation, and broken trust.
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