BDP cllr narrowly escapes jail

Lebogang Mosikare | Friday December 14, 2018 13:11

However, the councillor for Tati Siding West, Dumani Kelepi escaped jail by a whisker on Wednesday in court where his explanations for not attending court increasingly vexed Lebakeng.

Kelepi’s brush with the law started Tuesday last week after Lebakeng issued a warrant for his arrest for accumulating P12,800 in child maintenance debt.

By then, Kelepi was attending a full council session at the council chambers in Masunga.

As a result of that, Kelepi failed to appear before court as scheduled despite having been privy to his scheduled court appearance.

Moreover, the prosecutor in the matter, sub-Inspector Keobonye Matsapa informed the court that he contacted Kelepi in the morning reminding him to appear in court.

Matsapa further told the court that in response, Kelepi told him that he was at a certain pawnshop in Francistown promising to appear in court, but later reneged on the promise.

Kelepi then decided to attend a council session at Masunga, which prompted Lebakeng to issue a warrant of his arrest for “violating court orders with impunity just because he is a councillor”.

Things took a different twist on Wednesday this week when Kelepi voluntarily appeared in court. He told Lebakeng that he later paid the money a day after the warrant for his arrest was issued.

Kelepi told the court that he spoke about his arrears with Matsapa and was of the view that he could not be arrested while he was on his way to Masunga for council business.

Kelepi added: “Police from Masunga later came to the council chambers on Tuesday last week with a warrant of my arrest and told me to accompany them to the police station. 

“I obliged and followed them to the police station whereupon I explained my situation to them.

Thereafter, the police told me to return to the chambers because they were of the view that they could not effect the warrant of arrest when council business was still going on”.

The councillor’s explanation did not go down well with an infuriated Lebakeng. 

She told Kelepi that she would summon all police officers at Masunga who failed to effect the warrant of arrest to come to court and explain themselves.

Said Lebakeng: “The issue here is not whether you later paid your child maintenance arrears or not. It is about how you flouted a lawful court order instructing you to come to court”.

At that moment, Kelepi responded by saying that Matsapa - who the court later knew was on leave - contacted him and told him to come and pay his whole maintenance debt.

Kelepi added: “I told Matsapa that I didn’t have the money and I was not running away from the court. I was looking for money all over the country to pay my arrears. I only thought that since I later paid the debt, the matter was over”.

Lebakeng reiterated that Kelepi’s issue was not whether he later paid his arrears, but his coming to court as per the court order.

She added: “The person who told you that you could not be arrested while a warrant of arrest was issued against you misled you. 

“I could have understood you if you had showed up in court on December 3 when the warrant of arrest was initially issued against you”. In response, Kelepi told Lebakeng that on December 4, he went to Gerald police station but was told that Matsapa had already knocked off.

He reiterated that he was not disrespecting the court since he later called one Ngandu - the magistrate - who advised him to show up in court despite having cleared his arrears.

However, Kelepi’s response did not convince Lebakeng.  Lebakeng told Kelepi that she did not understand how Kelepi, who deals with a lot of bye-laws in his line of duty as a civic leader could not understand a single line of the order instructing him to come to court.

Kelepi insisted on his innocence and also denied that Matsapa was shielding him from being arrested because they were friends.

But Lebakeng said: “What is worrisome is the way this matter was treated. It looks like you were not arrested because you are a councillor and you are different from other people who appear before our different courts. It would have sent a very bad message if I did not issue a warrant of your arrest because you are a councillor. You will not get preferential treatment from this court just because you are a councillor”.

In response Kelepi said: “I have truthfully relayed before the court all the circumstances that led to me not appearing before this court. I now know that the matter was not over even after I had paid my arrears, but failed to appear in court”.

At that moment, Lebakeng said that by not arresting Kelepi, the police have created an impression that he was above the law to which Kelepi said he understood and was sorry for his actions.

Lebakeng added: “I would have listened to you if you could have shown up in court on December 5.  That could have made a difference.

“I will not release you until I have a word with the police officers who were in charge of Gerald and Masunga police stations who did not effect a warrant of your arrest. If their answers are not convincing, you are going to jail for flouting a court order”.

Praying for his safety, Kelepi said that if he were to be jailed, he would lose his job.

“Your worship, if I am detained at prison my job will be finished. It would mean I would have no money to support the child and I would have more problems,” Kelepi said when pleading for his freedom.

When the court adjourned, Lebakeng told Kelepi to just remain in court until the senior police officers who were in charge of Gerald and Masunga police stations came to testify why they did not effect the warrant to arrest Kelepi.

Kelepi found reprieve hours later towards lunchtime, but not without a stern warning from Lebakeng who told him not to repeat what he did.