Humour common at Tatitown customary court

RUSSO LUMA | Friday August 27, 2010 00:00

'Customary courts handle both criminal and civil cases. We have jurisdiction over Bluetown, Aerodrome, White city, Kgaphamadi, Maipaahela, Area W, Madzibalori, and the industrial area,' said Showa.

Quite interesting are the civil cases, one of which is the eviction case. 'This is where parents would be asking their child to move out of their house because they are old enough to go and stay alone.

The child would not be warming towards the idea, therefore refusing to leave. The parents end up bringing the case to us for arbitration,' Showa said.

The question then arises; When is it the right time for one to move out of their parents' home? In most of these cases, the child would not be working and therefore entirely dependent on their parents for everything or if they are working, they do not want to help their parents in paying the bills.

Delayed payment for seduction is another case which draws laughter from people who sit in to listen in court.

According to Showa, this is when a man who has fathered his girlfriend's first child and is charged a certain amount of money or beasts. 'We sometimes receive such cases when the date stipulated for payment has long elapsed.

The girl's parents would then bring this case to us for help. The charges normally range from P4,500 to P12,000 or 3 to 8 beasts,' Showa continued.

Traditionally, once the man who has impregnated the girl in question has accepted that he is responsible for the pregnancy he has to pay. If he does not have the amount required, the woman's parents have to be informed by his parents. If they do not do so, conflicts arise. But why should one accept the pregnancy and then not want to pay?

There is also the breach of promise to marry that customary courts often have to mediate on. Some men promise to marry their women, but the promise is never fulfilled.

The deputy court president said such cases are brought by women who say that they were denied the opportunity to meet potential husbands by their partners who promised to marry them only to later change their minds. 

He said when passion between lovers is still at its peak, it makes them promise each other anything; even the most unrealistic things.

This brings to the fore, concern raised by some critics about cohabitation.

They say that cohabitation is one of the reasons that delays lovers from getting married. Critics of cohabitation argue that when a girlfriend stays with her boyfriend under the same roof, she does everything that a wife would do for her husband, hence the boyfriend does not feel compelled to marry. 

Lovers stay together, buy property and put it in the same house. This often causes a problem when things turn sour between the two.

'Conflict over property division is one of the cases that we sometimes receive from cohabitants. Whoever would have to leave the house, would want to move with some of the property which then causes conflict,' said Showa.

He said there is also conflict over estates involving siblings. When parents die, there is often property left that is inherited by their children. In some cases, the inheritance is never peacefully divided; siblings have squabbles over who should get what.

In most cases one of the siblings would be selfish enough not to want to share the money from rental fees with the others.

Then there are other more serious criminal cases handled at the customary court such as unlawful wounding, common assault, assault occasioning bodily harm, use of insulting language, stealing, common nuisance, intimidation, possession of dagga as well as neglect of children by their mothers.

Showa said last year alone they received 331 cases and so far this year, they have received 150 cases.