POLICE OFFICER DODGES DEPUTY SHERIFFS TO AVOID PRISON
A Molepolole police officer has been playing cat and mouse with deputy sheriffs seeking to arrest her for civil imprisonment for a debt she incurred in 2013.
Constable Atamelang Nchoko was sentenced to 90-day imprisonment by a Molepolole Magistrate court.
However on Monday last week the cop outwitted two excited deputy sheriffs, Joseph Masala and Donald Tupane who had followed her to her work place by issuing them with an appeal that was filed by her ex-husband’s attorney indicating that the matter was scheduled for a hearing sometime in November.
The trio proceeded to court to seek clarification and the magistrate ordered the two deputy sheriffs not to act on that day to allow Nchoko to look into the case again postponing it to Wednesday for the final ruling.
On Wednesday when Masala and Tupane went to court for feedback and found out that the warrant of arrest was still valid despite the ex-husband’s appeal, Nchoko was nowhere to be found as she had already issued the court and her superiors with a three-day sick leave and disappeared.
“She later phoned us claiming she will pay with her car and a plot in Hatsalatladi which we are still to discuss,” explained Tupane.
According to the warrant for civil imprisonment, dated April 16th, 2021, the deputy sheriff of the court was commanded to deliver Atamelang Nchoko to the officer in charge to the prison until she has paid Oduetse Kajuu the sum of P124 274.45 from the judgment of the court bearing the date July 22nd, 2013.
“ Or until the expiry of 90 days from the day on which the said judgment debtor shall be received into or retained in the said prison by the virtue of this warrant whichever of the two shall first happen or until the said judgment debtor shall be otherwise legally discharged,” reads the order.
Nchoko together with her ex-husband, Elvis Nchoko came to owe Oduetse Kanjuu when they got into an agreement with him to sell him a field at Mosinki lands and then failed to honour the agreement.
Kajuu told The Voice in an interview that sometime around January 2013 at lunchtime while at Mafenyatlala Spar in Molepolole, he got interested in an advert on the notice board when the couple approached him.
“She was wearing her police uniform when she approached me with the husband and told me that they were selling a 10 -hector field worth P50, 000 in Mosinki. I told them I did not have the money as I was going for studies in Durban, South Africa. We then did a written agreement at the internet café that I give them my Corolla car which was valued at approximately P30 000 and pay the balance in instalments,” explained Kajuu saying they issued him a copy of the field.
It was in April 2013 during school vacation when Kajuu came back and demanded the original certificate of the field that he started experiencing problems with the couple.
He also mentioned that at the time the couple had started having marital problems and he had difficulties meeting them together.
“Later on, I summoned them before court demanding my car back, which they had already been using. I requested the court to order that they pay P500 per day for using my car since January 31st, 2013 till July 21st, 2013 which accumulated to the charged amount including the amount for servicing the car,” said Kajuu.
The court ordered as requested but the couple refused to comply hence the order for civil imprisonment.
Meanwhile Elvis has engaged an attorney Mokwadi Kgopo, who has since applied for an appeal based on an argument that the magistrates’ court has no jurisdiction for such matters considering the amount charged.
“The applicant approached the wrong court in another jurisdiction, reason being that the applicant made an order for specific performance for his car to be returned, which according to the magistrate court act it does not allow the magistrate to make an order where there is no alternative claim of damages,” argued Kgopo.
Nchoko has refused to comment on the matter.