Wednesday, September 30, 2020

Father wins case to evict sons from his house

A Ramotswa magistrate ruled in favour of a 79-year-old man who was seeking a court order to evict his sons from his yard in Lesethana Ward in Ramotswa.

The man, Lawrence Tshielo, a pensioner, approached the court seeking an order to evict his sons from his yard at Lesethana suburbs, accusing them for disrespecting him.

Magistrate Batho Kgerethwa ruled in favour of Tshielo and ordered his 42-year-old son, Sylvester Tshielo, ┬áto vacate his father’s yard.

The magistrate noted in her ruling that, though, morally it appears to be wrong when a father evicts his children, the issue of morality has no place in law. She further explained that morality should not take precedence over law.

Kgerethwa ordered for Sylvester’s eviction stating that a 42-year-old does not fall under the Maintenance Act.

 She also noted that the court would not have evicted him if he were a minor or a person with a disability. According to the magistrate his son would have been entitled to maintenance if they were falling in those two categories.

The Magistrate noted that the eviction is meant to protect the owner of their property from unlawful occupation of premises.

She further noted that his sons were majors and their father was not bound to provide them with accommodation.

Narrating his story to the court, a worried Tshielo said that he wanted to be separated from his children.

Tshielo, who is currently working as a security guard, accused his two sons, Sylvester Tshielo and Julius Tshielo, of dating girls who usually come to the house during his presence.

 Tshielo, apparently affected by culture shock, told the court that he has tried  several times to discuss the issue with his sons but they have since declined his advice.  

He said that what started as a discussion between his two sons and him has grown into verbal and physical abuse.  He added that he had become a victim of assault for trying to call his sons to order.  

He declared that his sons are grown up enough to take care of themselves.

The old man noted that his sons had assaulted him several times after some misunderstandings over the house rules, forcing him to flee his residence to save his life. He then asked the court to retrieve his house keys from his sons.

On the other hand, the sons have accused their father of not telling the court the truth. They informed the court that they have since reported the issue at the kgotla. 

Julius was worried that his father had approached the court while the same issue is pending at the customary court in Ramotswa.

They accused their father of coming with his girlfriends to the house during their presence.

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The Telegraph September 30

Digital edition of The Telegraph, September 30, 2020.