Chris Barnard's kids in court row

31 October 2010 - 02:00 By BIÉNNE HUISMAN
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now

Heart surgeon Chris Barnard's children are embroiled in a bitter wrangle over the ownership of an Irma Stern drawing and childhood relics.

The valuables once belonged to their late mother, media darling and heiress Barbara Zoellner, who became Barnard's second wife when she was just 19.

She went on to marry businessman Jo Silva - now in the middle of a bitter high-society break-up with his wife, Janet, a fashion retailer.

The spat between Silva and Janet started at their opulent estate in Constantia, on the slopes of Table Mountain, about two years ago.

They are now at war over ownership of their assets, which include works of art, a Maserati, an Aston Martin, and items which Barnard's children inherited from their mother, Barbara.

Chris and Barbara Barnard had two sons - Frederick, who now lives in Zurich, Switzerland, and Christiaan Zoellner Barnard, who lives in Bishops-court, Cape Town.

Among other things, they are claiming, in papers before the High Court in Cape Town, a bone-handle silver fruit bowl, a charcoal drawing by Stern and a Birmingham wire toast rack. They are joined in their court application by Bianca, their half-sister, a student at the University of Cape Town.

"This application is brought to secure the return of my and my brothers' inherited items," says Bianca in an affidavit.

Barbara's marriage to Barnard collapsed in the early '80s. Later, she married Cape Town electronics entrepreneur Silva, and they had a daughter, Bianca.

Silva married Janet after Barbara died of cancer in 1998. The couple moved into a sprawling Constantia mansion, living it up in the lap of luxury. But they separated and he moved out, leaving most of his and his children's possessions in the house.

The property was marketed by estate agents at R70-million and sold three months ago.

Bianca, Christiaan and Frederick claim that many of the valuables in the house were left to them by their mother and that Janet had barred them from retrieving them. They have taken her to court in a bid to gain access to the house.

Bianca says her stepmother refused them access to the home. "Prior to the breakdown of the marriage between my father and the respondent, my brothers and I had no objection to my father remaining in possession of our inherited items.

"However, my brothers and I ... have become concerned regarding the safety of our belongings and do not consent to them being in her possession."

A Gucci black leather desk set appears to be a sore point.

"A matter of further disquiet is the fact that the respondent has specifically denied having a particular item, being the Gucci black leather desk set given to me by my mother, and in which the respondent has always expressed great interest," says Bianca in court papers.

Janet has denied being in possession of the desk set.

The animosity between the parties is evident in an exchange of legal letters.

Silva - allegedly with assets exceeding R60-million, according to court documents - accused his second wife of abusing his expensive winter wardrobe, which he left in his former home.

"His expensive suits have been treated with complete disregard for their nature and value, and certain items are missing," says his attorney, Caroline Dichmont.

But Janet's attorney, Amanda Simpson, says: "Our client denies that the clothing has been mishandled or mistreated in any fashion at all."

In August, Judge James Yekiso ordered that the siblings were entitled to remove some of the items, including Bianca's childhood duvet, a painting by Flemish artist Jan van Kessel and the Stern charcoal drawing.

Other pieces in the couple's former home - including artworks by popular local painter Paul du Toit - were scheduled to go under the sheriff's hammer on Thursday last week. But the auction was postponed at the last minute following an urgent court application by Silva.

The application was postponed to November 18.

"My clients are all overseas, and I don't have instructions to discuss the details of the case," said Dichmont, who is representing the children. Simpson, was not available for comment.

The late Chris Barnard, famous for his surgery skills and good looks, left a trail of broken hearts in his wake. He fathered six children with three wives over five decades.

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now