Appeal court upholds but reduces 'adultery' fine

GOITSEONE KGOPANA
Correspondent | Wednesday June 24, 2009 00:00

The panel of judges Kgosi Kgabosetso Mosielele, Kgosi Justice Baleseng and Kgosi Citrus Tise Mookodi heard that Beauty Kgwalabatlhe had been living with Keletso before he suddenly abandoned her with a child from the relationship. The two had been together for six years. Kgwalabatlhe told the court that Keletso had wasted her time while he knew he was not serious with the relationship.

The trial court found that Keletso had done the traditional marriage negotiations (patlo), something he denies, saying he only went to her house with his elder siblings to deliver some goods for her and their baby as per tradition.

On the other hand, Keletso refuted claims that he had denied Kgwalabatlhe a chance to find someone who might have married her saying that she was aware their relationship was not serious. He told the court that his visit to Kgwalabatlhe's household was to ensure that his wife would not notice that he had a child with another woman. However, the panel of three judges dismissed his plea, saying he was just trying to run away from his responsibility. He pleaded with the court to reduce the money that he was ordered to pay saying the amount was too high for him.

Keletso stated that he has seven other children with his wife and only earns P1, 200 per month.

Keletso also says that he felt he did not get a fair trial as the presiding judge Chief Monametsi was shouting at him, making him uneasy. He also says it was evident the chief was allied to Kgwalabatlhe as he often whispered to the accuser. Giving his ruling yesterday, the judge stated that he agreed with Kgosi Monametsis' ruling of a monetary fine because for six years, Kgwalabatlhe was led to believe that she would one day get married to Keletso. However, Keletso's earlier fine was reduced to P8, 000 or eight herds of cattle.

After judgment was passed, a frustrated Keletso could only say 'o chonna mo go nna' (You want to milk me dry). But judge Baleseng sat him down and explained to him that he needed to respect the court and Kgwalabatlhe and not let his emotions take the better of him.

He was further reminded that the fact that Keletso had appealed the case, it did not bar or excuse him from carrying out the order. 'By now, the court that had made that order should have started attaching your assets as it is long overdue,' Kgosi Mosielele advised.