Former Assistant Minister of Labour and Home Affairs, Olifant Mfa’s 2012 marathon case with Pizza House Director Siva Sangarapillia came to the end on Wednesday morning at the Francistown High Court.
Judge Lot Moroka ruled in favour of the former Botswana Democratic Party (BDP) Member of Parliament for Nata/Gweta constituency in a prolonged dispute over land.
Sangarapillia had dragged Mfa before court accusing him of defrauding him of cash amounting to P500 000 following a disagreement over the sale of land.
The specially elected Councillor was cited together with his wife Lechedzani Mfa. Lechedzani argued that she was married to Mfa in community of property and the sale agreement could never be valid without her consent.
In his grafted testimony, Mfa told court that when he entered into a contract with the Indian man he thought the plot in question was a freehold tenure only to find out later that it was a state grant.
He said upon realising this he pulled out of the contract.
Dismissing the claim, Moroka said that it was worth noting that Section 9 of the Abolishment of Marital Power provides that “A spouse married in community of property shall not without the written consent of the other spouse alienate, mortgage, burden with a servitude or confer any other real right in immovable property forming part of the joint estate.”
“This Act should be interpreted to protect the one spouse against the illicit selling or alienation of property forming part of the joint estate,” Moroka said before dismissing the matter.
Moroka also ordered Mfa to pay costs and the purchase price be refunded to the plaintiff.