PAY DAMAGES OR ELSE
Court orders broke father to pay P18,000 or lose property
An unemployed youthful father-ofthree was this week fined six cattle or P18,000 for impregnating a woman out of wedlock.
32-year-old Thero Kale was dragged to court by the father of his baby mama, Rabasimane Sukube, 68, for making his daughter pregnant and failing to marry her or pay damages instead.
Sukube, from Kgomokasitwa, had demanded six cattle each valued at P3,000 for the damages after he failed to marry Thuto Sukube.
32-year-old Kale, who at first seemed unbothered by the demand, told the court that he was looking for a job to pay the damages only to appear shocked when the unsympathetic court ordered him to pay the damages within two months since he had failed to make any payment in two years.
Kale had argued to no avail that he could not afford the payment as he also has two other children - one in Kanye and another with his current girlfriend.
In her judgment, Kgosi Patricia Sechele said Kale was still a young man of sound mind and therefore he could look for temporary jobs to make money and pay the charges.
“...the court expected him as a parent to say in Setswana, “Tlhogo ya monna matsatsa,” and then go and raise funds or buy cattle to pay Sekube”
Asked by the court to state reasons why he did not assist his son to pay the damages, Kale’s father, Otlaadisa Kale, stated that if he had anything to pay, he would not have allowed the matter to reach the court.
“The court is embarrassed to hear the father uttering such words without shame. Looking fit and of sound mind, the court expected him as a parent to say in Setswana, “Tlhogo ya monna matsatsa,” and go and raise funds or buy cattle to pay Sekube since Kale also has other working children who could assist financially,” said the disappointed Chief Sechele.
When witnessing for his son, Otlaadisa did not deny that Thero has a nine-year-old boy with Sukube’s daughter.
He told the court that his son had initially promised to marry but later reneged and instead promised to pay but later failed to do so.
“When I confronted his working siblings to assist him in paying the damages, they rejected my request saying they could only assist if Thero was planning for marriage,” said Otlaadisa, promising the court that he will pay in instalments with his monthly old age pensioner’s allowance.
Kale had earlier confirmed before court that he was in love with Thuto and they had a child in 2013 but their relationship ended in 2019, the same year when Sukube’s family requested for the damages.
He further said he had agreed to pay for the damages but then lost his job in 2020 due to the Covid-19 pandemic.
However, in the end, the court finally ruled in favour for Sukube, and issued an order for Kale’s property be seized and sold to raise the money if he failed to pay the P18,000.