Picture: Steve Hofmeyr and Natasha Sutherland
For nine years she waited, expecting to become Steve Hofmeyr’s life partner. She helped him with his shows and was available to him at any time. She knew he was married but he’d led her to believe he would leave his wife.
This emerged in the Johannesburg High Court in the battle between fitness instructor Janine van der Vyver and popular singer Steve.
Their long relationship overlapped his marriage to actress Natasha Sutherland (the couple recently announced they’re divorcing).
Janine is suing for some R1,5 million, claiming Steve undertook to buy her a house and promised to help her set up a fitness studio and buy a car. All she received was R100 000 for a car, her lawyer says.
Steve’s lawyers have lodged an objection and the court will rule on 17 November on whether Janine has a case.
If her lawsuit succeeds it could pave the way for others to sue their married lovers for breach of contract. Legal experts are divided on Janine’s chance of succeeding.
Cape Town attorney Janneke Victor believes such a claim won’t easily succeed. “You may have been involved with a married man for 20 years but unless you can provide evidence of an undertaking to give you money you don’t have a case.
“It can be difficult to prove someone created the expectation that he’ll support you. But if you can prove it there’s nothing to stop you suing him.”
Pretoria attorney Martin-Dean Hayward says, “If you have a one-night stand with a married man and he promises you a house and a car but drops you the next morning it will be hard to make that promise stick.”
The key word is “agreement”, which can be written or verbal and (cheaters, beware) even an e-mail or SMS can count as written evidence.
If the agreement is not in writing the claimant has to call witnesses to prove a verbal agreement existed. “Then it’s up to the judge to decide if you have a case,” Hayward says.
Arguing that a woman who has an “immoral” relationship with a married man can’t expect support from the legal system is probably no longer valid. In reserving judgment Judge George Bizos said, “We live in the 21st century.”
