The case in which the Assistant Minister of Health, Gaotlhaetse Matlhabaphiri, who is also the Member of Parliament for Molepolole North, is being sued for marriage wrecking by one Simon Tafi has ended in a stalemate pending the latter’s “medical examination”.
Batlokwa Deputy Paramount Chief Olebile Gaborone who was presiding over the case postponed the case on the grounds that the plaintiff should seek Medical Examination to determine if he is fit enough to continue with the case. This was despite Tafi’s insistence that he was fit enough to continue.
It was not clear exactly why Gaborone called for Tafi’s medical examination, suffice it to say that the plaintiff had mentioned in questioning that he had, on two occasions, fallen ill after being poisoned.
Presenting his case, Tafi, who is demanding P36, 000 compensation from Matlhabaphiri, narrated to the court how his wife, Mmaonene Tafi, boasted to him about having an affair with Matlhabaphiri, to whom she was employed as a maid.
“One day she went to work at six in the morning and only arrived back around 0130 hours the following day together with Matlhabaphiri and told me she had just engaged in sexual intercourse with him. I asked her if she knew she could get us both infected with HIV/AIDS and she said that was not possible as Matlhabaphiri had circumcised,” Tafi told the kgotla.
Tafi revealed shocking details of how his wife took a beanie, wiped herself underneath and displayed to him semen which she claimed was the Assistant Minister’s. He says he later called his father and mother-in-law but their meeting was interrupted by police officers who arrested and incarcerated him in a police cell.
“Andrew Bosilong (then Station Commander) told me I was being incarcerated so Matlhabaphiri could sleep with my wife,” he said, “when I was released in the morning my wife was waiting outside and together we were led into Bosilong’s office where he told her not to be afraid to get impregnated by Matlhabaphiri so he (Matlhabaphiri) could come to my house as he pleases.”
In cross examination, the Assistant Minister asked Tafi if his wife, should she be summoned, can testify in his (Tafi’s) favour to which the plaintiff responded in the negative. “She is not on my side,” Tafi said.
“Who did your wife say she slept with,” asked Matlhabaphiri again to which Tafi pointed a finger at the accused, “You.”
On why it took him so long to take the matter to the customary court Tafi said he had been waiting for a response from the Office of the President where he had lodged a complaint against the Assistant Minister which, he said, he had yet to receive.
For his part, Kgosi Gaborone asked the plaintiff, who had no witnesses, why he did not present the evidence of semen to the court and how he could tell if indeed the semen belonged to the accused.
“What do you think will help your case since you do not have evidence,” asked Gaborone.
The chief adjourned the court for a few minutes and upon his return announced his decision to postpone the case pending Tafi’s “Medical Examination”, much to Matlhabaphiri’s disappointment.
“I want this matter to be resolved because it affects my life, my work and my family. To delay means my name will continue to be tarnished because he (Tafi) will keep speaking to the media which seems to take his side,” he complained.
The case has been postponed until further notice.
Meanwhile, Kgosi Donald Mosielele of the Customary Court of Appeal says chiefs do not have the power, under Customary Law, to insist on a person’s Medical Examination unless that individual has requested as such.