Tumelo Maphala was ordered to perform community service,
receive 11 strokes and pay three goats as punishment for assaulting a fellow
villager, Phathisani Ncube, the chiefs’ nephew. The assault took place at
Dakamela shopping centre in January this year.
Following the incident, Maphala was summoned to the chief’s
court on February 4 where he was charged with assault.
“I was convicted of the criminal charges and sentenced to
pay three goats and further undergo three strokes with a sjambok. The corporal
punishment was immediately carried out on me in my nude state,” Maphala said in
his founding affidavit.
Maphala was re-summoned to Chief Dakamela’s court on
February 9 for the same offence, tried, convicted and sentenced to pay an
additional goat and eight strokes with a sjambok plus 10 hours community
service performed at the chief’s homestead.
“Of the total sentence from the two trials involving one
crime, I have since paid three goats but received all the eleven strokes with a
sjambok. The corporal punishment was administered in public before all, in my
nude state. I have also performed the community service,” he said.
After receiving advice that the chief had no jurisdiction
to preside over criminal matters, Maphala immediately engaged Abammeli Human
Rights Lawyers and took the matter to the magistrates’ court challenging the
traditional court’s ruling.
Chief Dakamela and one Ncube were cited as respondents. The
chief is yet to respond to the application. Newsday
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