Headman losses customary court appeal

Nnasaretha Kgamanyane | Friday August 29, 2014 15:15

When passing judgment court president, Mothibe Linchwe said Makgwapha should be exemplary to his community instead of dwelling on petty issues.  Makgwapha had during court proceedings indicated that he was not happy to pay the defendant money as compensation to which Linchwe said he was ashamed to hear him say.

Linchwe added that Makgwapha’s actions were not suitable for a man chosen to lead people and unite them.  He said Makgwapha has instead of making peace decide to fight Khumo.  He scolded Makgwapha for saying that he could only compensate the woman if he was given the goat his dog killed.

“There is no way you can be given the goat as it died, decomposed and got buried. Just refrain from this inhumane behaviour and start cooperating with your people,” he said. The court further told him that being a leader does not mean that he had to abuse his powers as he is merely there as a representative for the people. Makgwapha insisted that his dog accidentally killed Khumo’s goat and emphasised that he was tired of her animals, as they had been terrorising him for years.

“I have tried to talk to Khumo about her goats and the destruction they had caused in my home, but she did not do anything about it,” he said. He added that he was remorseful for what his dog did to Khumo’s goat, but felt the court’s ruling was unfair. The court learnt earlier that Khumo had dragged Makgwapha before the law after he refused to compensate her.

She told the court that Makgwapha’s dog killed one of her goats as they passed by his home and denied his claims that her goats were in his yard when the incident occurred.

Makgwapha has been ordered to either compensate Khumo with a living goat or pay P500 within 10 days.  Failure to comply will result in his goods being confiscated and auctioned to pay the defendant the amount.He was given 30 days to appeal the dismissal before the High Court.