Makalamabedi customary court on Tuesday morning resolved that a mentally challenged man has to be given back his late step father’s house after he was evicted from the property eight years ago by the deceased’s family.
Represented by his uncle, Kenewamang Sebihilwe, the 45 year old Gosego Sebihilwe who was not in court was given the yard, located in Shashe ward in Maun where he is said to have been evicted in 2015.
A quick background to the family feud as explained by the uncle in court is that Gosego’s mother, Seilang Sebihilwe married Dirata Dinyando some years ago. “Each one of them had a boy child whom they brought into their matrimony. Dinyando’s son, Dinyando Diratang was older.”
He added that in 1999, Dinyando senior died, leaving behind the wife and the two sons. The following year, 2000, the wife also passed away after a short illness. “The two sons stayed together. In 2008 the younger son became mentally ill.”
The uncle noted that the older brother continued to care for the ailing brother with love, but unfortunately in 2013 the older brother died.
In 2015 he said, Dinyando’s family forced Gosego out of the parents’ property by dismantling the roofing on his house.
“There are three houses in that yard, a two roomed, a rondavel hut and a single room which Gosego built while he was still in good health. They removed iron sheet roofing from his room and when it rained he went back to his mother’s home for sanctuary. We asked him what the problem was and that was when he told us about the troubles back at his house,” further explained the uncle.
He maintained that they made a follow-up and confirmed Gosego’s allegations.
He further alleged that they later found out that Dinyando family has sold the property to somebody else. “We then filed a complaint case at Maun kgotla. The case was heard after so much delay but eventually the court ordered that the yard be given back to Gosego, but Moses Dinyando filed an appeal which is being heard today.”
The appeal was heard by Makalamabedi Kgosi Mokgweetsi at Maun tribal authority premises.
In court the family which was represented by one Moses Dinyando, a younger brother to Gosego’s late step-father, maintained that his brother never married Gosego’s mother and that the property was given to one relative, Moagi Moruakgomo during distribution of deceased’s property.
“She was never our daughter in-law,” Moses explained and further alleged that what he knows is that at some point the couple’s love story ended and his brother married another woman in Shakawe.
However the court pointed out to him that the fact that Dinyando family caused Gosego’s mother to grieve for the late man, made her wear mourning clothes and even observed all the traditional rituals related to the morning period and burial confirmed that they recognised her as their daughter in law.
“Where was the Shakawe wife then, why was she not the one taking part in the ritual?” asked Kgosi Mokgweetsi.
The chief therefore ruled that the said yard has to be changed into Gosego’s names and ownership within a month, “failure to do so, the court will facilitate the repossession exercise.”
The initial case was heard and settled last year by Maun customary court but Moses was not happy with the decision that was in favour of Gosego. He then appealed against the decision which was upheld on Tuesday this week and he was once again given a thirty-day period to appeal to the Customary Court of Appeal if he is still not satisfied with the decision.
“Of course I am not happy with the decision and I will surely appeal,” he told court.
