Customary Court of Appeal sets precedent on adultery evidence

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A written statement confessing to adultery is inadmissible as evidence in customary law. That is the most explosive part of a ruling made by Kgosikwena Sebele, president of the Customary Court of Appeal in an adultery case.

He made the decision in the case of Baradi Segole who is accused by Bakang Mosala of having an affair with his wife, Malebogo. At some point the two men worked together and formed a bond so strong that Bakang introduced Segole to his family. Segole told the court that Bakang stuck with him through thick and thin and even when he lost his younger brother.

In 2004, Bakang left for the United States to further his studies and soon thereafter Segole is said to have started an adulterous relationship with Malebogo that only ended in 2006 when the husband returned. Bakang told the court of an incident in December 2006 when his wife claimed that she was going to Molepolole when she was actually rendezvousing with Segole. Malebogo allegedly hid her car at a cousin's place not very far from Segole's house. Bakang would later get his hands on a call list that showed how often his wife communicated with Segole.

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