Margaret Danster, mother of the 18 year old man who was shot dead by De Beers Resident Director, Neo Moroka has dragged the former cabinet minister to court, demanding P2million as compensation.
Danster has taken Moroka to court demanding P2million as compensation for loss of life and dependency or parental future support. Moroka was charged with negligence by the police for killing Kealeboga Danster after mistaking him for a dog late last year. It was established on court records that initially Moroka never took a plea and never bothered to file for a plea until time elapsed. Upon realizing the dangers and consequences that would emanate from the deceased’s mother filing for a default judgment before court through his attorney Lethogonolo Makgane, Moroka swiftly instructed his attorney Kgosietsile Ngakaagae to file for condonation.
When appearing before the Lobatse High Court, Kgosietsile Ngakaagae asked for an oral argument before filling of heads of argument, of which family lawyer Makgane did not object. Ngakaagae then argued that Moroka’s application for condonation to file out of time was instigated by the mother of the deceased, who filed an application for a default judgment, jostling Moroka and his attorney into action to file a counter argument. He then and asked to be allowed to file for a plea out of time.
”We are seeking leave to file a plea although the 21 days set to file have elapsed. We were alerted after realizing that the mother of the deceased intends to file for a default judgment. We ask the court to allow us to access the damages they are demanding in relation to loss of life and expectation of parental future support,” said Ngakaagae
He argued at length that there is nothing in law that allows a parent to demand for compensation just because she was anticipating that her child will take care of her in future. He said if the child was not working, there would be no legal basis to expect compensation because cause of action for loss of support and anticipated loss of support, would not be supported by any proof.
Further, Ngakaagae said the family could only demand compensation if the son was working, as she would then be able to sue for loss of action and compensation for reduced life expectancy.
“Any course of action should have legal basis, but this one does not have anything. Even in papers before the courts there is absolutely nothing to support the default judgment,” said Ngakaagae
He further said no parent has a right of a support from a child unless she is a destitute. He also emphasized that the cause of action was ill-advised because support is given as a societal obligation and not a right.
“The law does not allow for any person to claim for loss of life. Instead, one can be allowed to claim for loss of injuries,” said Ngakaagae.
He further argued that the mother of the deceased was ill-advised and urged the court to dismiss her application because she failed to demonstrate cause of action and why she should be entitled to damages. In his brief submissions, lawyer representing the mother of the deceased, Makgane argued that the family should be granted damages of P2 million for loss of life and dependence or parental future support. He said the mother is entitled to P1 million for loss of life and another P1 million for dependency or parental future support. He argued that the family should be granted a default judgment since Moroka made an application to take a plea out of time. Judge Nthomiwa is expected to deliver judgment on 22nd April 2016.
