Ruling on adoption case reserved
Oarabile Mosikare | Tuesday September 16, 2014 15:38
Geoffrey Khwarae sired 13-year-old Chedza Keaiketse with Bontle Keaiketse and is suing Bontle, Chedza, Bontle’s lover, Mothusiotsile Tlotleng, and the Attorney General.
“We contend that the applicant is being deprived of the rights to consent adoption of his child because he is not a woman,” said Khwarae’s lawyer Uyapo Ndadi during the argument of the case yesterday.
Ndadi submitted that Khwarae is discriminated against because he is not married to the mother of his child.
“He is discriminated on the basis of his sex and marital status,” Ndadi said, adding that to terminate the rights of the biological father is inhuman and that it would be undignified for one to be struck from fatherhood by a stroke of a pen. He also said that the right to a fair hearing during the adoption of his child is being violated.
He argued that a fair hearing is important, as the biological father cannot be a busybody when it comes to adoption of their children. “The best interest of the child is supreme than the parents’ rights,” he said.
He added that the Attorney General represented by David Moloise is taking Botswana backwards by having this type of law in the books. He prayed that the arguments of the Attorney General be dismissed with costs. The Attorney General, however, argued that the law is fine as it promotes marriage and punishes fathers who do not want to marry.
For his part, Moloise argued that the primary consideration was to determine the prescriptions a person falls and try to read if there is discrimination within that category. He said in this case it is important to demonstrate why it is justifiable and rational to discriminate against fathers of children born out-of-wedlock.
“An illegitimate child remains the child of the mother’s family. Botswana is a society that defines itself in its culture and customs,” said Moloise before adding that so fundamental to our culture is the issue of legitimacy of our children.
He acknowledged that the Children’s Act came into existence in 2009 and that it created certain rights for the children.
Moloise said there is simply nothing degrading and inhuman about the Adoption Act, except that it might not be fair.
Attorneys Phazha Molebatsi and Tawana Bobodhla assisted Ndadi in the case.