Connect with us


End of honeymoon for adulterers



*Judge Moesi reverses Moroka’s 2018 marriage wrecking ruling

In yet another judicial whirlwind, Francistown High Court Judge Bashi Moesi has overturned, the 2018 ruling made by his colleague, Judge Lot Moroka on marriage wrecking.

Delivered in an open court on Monday November,25th, Justice Moesi ruled in favour of James Machangana who was blaming Nicholas Botsho for the breakdown of his three- year old marriage.

In his suit the Botswana Defence Force employee sort general damages at P150 000, which were wholly granted by court, including interest at 10% per annum from the date of judgement.

The marriage wrecker was further ordered to pay the costs of the suit.

Botsho had admitted that he was involved in a romantic relationship with Machangana’s wife and together they had conceived a child who was born on April, 19th, in 2015.

The Machangans were married in Tutume on November, 30th, 2012.

In his defence Botsho said the romance with the Machangana’s wife continued because he was under the impression that her marriage was over as she had eventually moved in with him, together with her children.

Machangana who has three children with his wife told the court that before the conception of the fourth child by his wife and Botsho, there was happiness in the marriage, but the relationship deteriorated as he began to experience rejection from his wife who refused to have conjugal relations with him.

He said his wife then embarked on unexplained absences from the matrimonial home eventually moving completely out to live with her parents until the child was born.

Shining the spotlight on the landmark ruling by Judge Lot Moroka on a similar case in 2018 (Precious Kgaje vs Oreneile Phindile Mhotsha) which abolished claims for damages based on adultery, Moesi said while the doctrine of judicial precedence is the basic principle, it is also subject to exception where the earlier decision is held to be clearly wrong.

“A decision will be held to have been clearly wrong where it has been arrived at on some fundamental departure from principle, or a manifest oversight or misunderstanding, that is, there has been something in the nature of a palpable mistake,” noted Moesi.

In his 2018 ruling, Moroka was of the view that based on the changing morals of society the claim for damages based on adultery pertaining to a civil marriage lacks constitutional and common law validity.

Moroka ruled that infidelity is a result of a married person rendering him or herself romantically available to third parties.

“It is a conscious voluntary act that has nothing to do with the culpability of the third party,” said Moroka at the time. Moroka concluded that the remedy of damages against the third party is ineffectual for it leaves a critical co-perpetrator off the hook.

The judge further stated that there are cases in Botswana where the guilty spouse would help the third party to pay for damages.

However in differing with Moroka’s judgement, Moesi said after careful consideration he finds himself unable to agree that the constitutional investigation undertaken by his colleagues was warranted.

“Indeed I think it was something in the nature of a palpable mistake,” Moesi said.

“In conclusion I must say I have the misfortune to differ with my learned brother and propose to declare that the decision in Kgaje’s case is wrong.” Moesi said before ruling in favour of Machangana.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *


BDF Major accused of raping colleague’s wife



A Botswana Defence Force soldier, Major Mmusi Olefile, appeared before a Molepolole Magistrates court last Thursday charged with the rape of his colleague’s wife following a drinking spree at a pool party.

The state alleges that the 36-year-old soldier on March 24th, 2019 at Thebephatshwa Air Base, where he is currently stationed, raped his 33-year-old victim.

It is alleged that on the fateful day Olefile and the victim who is the wife to his co-worker who is also a Major, met at the pool party that was held at the camp.

Later on in the morning at around 0500hrs the woman was dropped off by her friends at her house as she was too drunk to drive, and Olefile is said to have then followed her and entered her house through the window and raped her.

The victim is said to have informed her friends and husband who was attending a military course in Nigeria at the time.

The matter was then reported before the military police before the case was opened at Molepolole police station.

Olefile pleaded not guilty to the charges levelled against him and the prosecution did not oppose his bail application.

Magistrate Kefilwe Resheng granted Olefile a P3000.00 conditional bail and ordered him to provide two sureties who would bind themselves with the same amount each.

Final case management conference was set for April 28th, 2020, while trial dates have been scheduled for  9th and 10th June, 2020.

Continue Reading


For denying me sex you die




A horny 40-year-old man is said to have threatened to kill his wife, allegedly brandishing a loaded gun in her face when she refused to have sex with him.

Although Buddah Moabi reportedly also promised to shoot his two daughters as well as himself, he has only been charged with a single count of threat to kill.

The threat against Patience Moabi is believed to have been uttered on Sunday night at the couple’s matrimonial home in Maun’s Boronyane ward.

Speaking to Okavango Voice outside Maun Magistrates Court on Tuesday, Prosecutor Paul Basupi revealed the Moabis’ had been having ‘misunderstandings’ in their marriage, with their parents often having to intervene.

“Their problems heightened on the 11th of January when the accused asked for his conjugal rights and the wife declined citing that she’s not feeling well. However, later she gave in to his demands,” claimed Basupi, adding Buddah again requested sex the next night.

“Again on the 12th the accused asked his wife to have sexual intercourse with him but the wife went to the bathroom to bath. It is alleged that the accused followed her to the bathroom and they bathed together, at the same time uttering words of insult to his wife.”

According to the prosecutor, the insults rose to a deadly new level in the bedroom.

“The wife finished bathing and went to the bedroom where the accused followed her, holding his gun with four live ammunitions. Moabi showed his wife the ammunition and told her that the first is for her and two for their daughters with the final bullet for him. The accused then pointed the gun towards his wife and told her whether she likes it or not she is going to have sex with him. The wife screamed and he left her,” continued Basupi.

Despite the seriousness of the accusations, the couple seemed to have reconciled and even shared a quick kiss when court went into recess.

Buddah, who works as an Engineer for BTC, was released on conditional bail. He was ordered to leave the matrimonial home immediately and to stay away until the case’s conclusion.

He was also told that contact with the complainant was to be limited to cellphone calls specifically regarding his children’s welfare. Otherwise, he is not to contact or visit his wife.

The accused is also expected to report to Maun Police Station monthly.

Buddah is due back in court on 24 February.

Continue Reading


An Eye for What?



Sunday. Almost noon in Gaborone. From the pulpit, Pastor Godwill’s beady eyes follow his most-trusted foot soldiers lug bags of tithes behind a curtain where the money counting takes place.

With such a generous flock, he will move the church out of the tent into a proper building before Easter.

He will buy a house, then a jet. He raises his hands and sways to the rhythm of the closing hymn.

The church goers dissect the homily and sing the pastor’s praises as they file into the sunlight: “Oh, God! Daddy was on point today.” “May he stay blessed.” “Halleluja, Pastor.” “Amen, Pastor.”

No one notices a young man who has been skulking around the parking lot. He sidles up to a gleaming, new, black SUV.

Big lettering on the side proclaims ‘The Church of New Life’.

It belongs to the pastor—a Christmas gift from a recently-born again member.

He peers inside. Bibles, prayer books. More Bibles. The big money briefcase is not there.

He continues to pad, cat-like, around the bumper-to-bonnet filled parking lot. In another car he spies a woman’s handbag lodged under the driver’s seat. A purse peeps out.

The young man steals a quick look around him but sees someone approaching, so he moves on to another car.

He tests the driver’s door. It is locked, but the cellphone in the storage compartment tempts him, and his time is running out.

He picks up a brick and hurls it at window, shattering the glass.

As the alarm rings, he slides his arm inside and pulls out the cellphone.

Weaving between the cars, he makes for the main gate. Someone shouts. “Legodu!” Again. “Legoooodu!” Louder the second time.
It’s like a siren screaming. The able-bodied give chase. Men, women and children emerge from their makeshift shops, from houses to join in.

“Legodu!”Dogs bark the word. Cats meow the word. Cows moo it. Goats bleat it.

The whole neighbourhood emerges to bear witness.

The young man flies towards the main road. If he can cross the highway, he will melt into the bush and then he will be out of reach, but cars and trucks speed up and down the road. He cannot get across, so he off-loads his loot.

But it is too late for him. A man with biceps the size of the thief’s calves grabs him by his waistband and slams him to pavement. The swelling crowd, cheers.

A slap, a kick, a pinch. Another man fetches a sjambok from his boot.

It whistles as it slices the air, cracks as it lands on the thieves back. Once. Twice. Again. Once more.

A woman who was walking to the Kombi stop cannot resist.

She tucks her Bible into her bag and tugs off her stilettoes. She whacks the thief. Punctuates her words with blow: “You.” Rap. “Little.” Rap. “Bastard.” Rap! Rap! Rap! “That’s for the one who stole my purse.” She stands back and gives way for a man to land his punch.

The cheers grow louder.

A woman driving past slows down to see what is happening. She cannot bear to watch.

She pulls off the road to speak into her phone. “They are going to beat him to death,” she reports.

“Please hurry.” Tears roll down her face.

By the time the police arrive, the young man is soaked in a red sea.

The men in blue-grey uniforms leap from their vehicle.

One of them charges through the crowd that refuses to part.

When he finally reaches the young man, it is to confirm that his life has been stolen.

And still, the crowd cheers.

Continue Reading