Man accused of insulting friend cries in court
A 35-year-old man accused of insulting his friend, broke down in court on Wednesday morning, weeping frustrated tears as one by one his witnesses discredited his defence.
Tshepo Khumalo faces a possible prison term or a few strokes on his bare backside for an alleged drunken tirade against his co-tenant, Poso Tese, 48.
Amid stifled laughter and gasps of shock, Gaborone Customary Court heard how Khumalo insulted his mate, allegedly uttering the following statement, “Good afternoon you d**k, I want to smash your balls!”
The incident is said to have taken place on the afternoon of November 11, when Khumalo was enjoying a few drinks with friends outside their rented home in the capital city’s Newstands location.
Giving evidence in court, witnesses described the duo’s friendship as volatile.
“They are jealous of each other. They are always fighting,” testified one of the witnesses, Kgomotso Kemiso.
According to Kemiso, on the day in question, the trouble started because Khumalo had not bought any beers for Tese.
“Tshepo used to buy drinks for him but he no longer does. Tese gets jealous that he has found new friends and keeps us company at his exclusion,” said Kemiso, adding that after Khumalo’s arrest, Tese boasted, “ I will make sure he is locked inside a holding cell and gets whipped.”
Another witness, Poitshego Maronkaka, claimed he did not hear Khumalo uttering insults that Sunday afternoon.
Instead, Maronkaka insisted Khumalo had actually threatened to “Kick Pono’s sore lips!”
Responding to this, the chief presiding over the matter, Kgosi Richard Kwapa asked Maronkaka if he found it right for Khumalo to make such a statement “When Pono’s lips did not even have any sores?” – a question that caused much amusement in the packed court!
After admitting it was not right, Maronkaka maintained it was Tese who provoked Khumalo by threatening to throw him out of their rented home.
“He said he would ensure Tshepo is thrown out of the place, which he said he has stayed in for the past 25 years – that is how the quarrel ensued.”
Outside court, Tese, who was seemingly touched by Khumalo’s tears, revealed he was contemplating forgiving the younger man.
“Maybe I should ask the chief to be merciful to him, but warn him not to ever insult me again!”
However, it could be too late, as Senior Court President, Kwapa, stressed, “At this point the case has been heard and all that is remaining is to pass sentence, which will be done next week Wednesday.”
The matter was postponed for judgment following a 30-minute adjournment to allow Khumalo to compose himself.