Man fined P20 000 for demanding Bogadi refund

Christian Phaladzi had paid bogadi to the family of Mary Busi Rantseli of Lesotho in 2013, marking the beginning of their marriage.

At the time, he was charged 20 cows by the Rantseli family which in monetary terms was equivalent to 71 000.00 Lesotho Maluti. Now faced with a divorce from his wife, Phaladzi claims the marriage was never lawful and wants his bogadi back.  For this demand and overlooking the Kgatleng chieftaincy, Phaladzi has been fined P20 000 by the Customary Court of Appeal.

He had told the court that as far as he knows, Busi was only his girlfriend because they did not have a marriage certificate, adding that a marriage commissioner in Botswana never swore them. According to evidence before the court, the duo met through a friend in 2012 in Lesotho. After their few  months of romance, they decided to get married and negotiations between parents started.

They got married in Lesotho and it was agreed that all the processes would be concluded in Botswana. Things between the couple changed when Busi was brought to Botswana. She states that their marriage was no longer enjoyable.

The court heard that according to the Lesotho culture, when bogadi has been paid, the couple is traditionally married and that bogadi was not refundable in case of divorce, as Phaladzi had demanded.

Phaladzi had demanded his bogadi back after Busi filed for divorce before the customary court. Records before court showed that in May 2013 negotiations for bogadi were held and in June payment was made. In July a residence permit was applied for Busi where it was indicated that she was formally married to Phaladzi. The court further heard that Kgosi Segale of Mochudi wrote the letter of recommendation under the request of Phaladzi.

Phaladzi told the court in his evidence that he gave Kgosi Segale such information knowing that it was false. Customary Court of Appeal Judge, Baleseng Baleseng in his ruling indicated that traditionally when two families agree about the marriage and bogadi is paid, the chieftaincy is informed to seal the traditional marriage.

He said the customary court had erred when it held that the two were not married. He said in accordance with the Lesotho laws, Busi and Phaladzi were married. “In Lesotho laws, when the dowry is paid in full or in part, marriage would have been sealed unless the husband dies before the wife arrives at her in-laws. It would be contradictory to suggest that they were not married. It has since emerged that the dowry was paid without the knowledge of the Kgatleng chieftancy. 

Phaladzi and his family have to be brought to book for this behaviour. The court today officially ends the marriage between the two as Busi had requested. Phaladzi is ordered to pay Busi P20 000.00 by 28th October 2016. The payment has to be done here in Mochudi, failing which he would have to be auctioned,” said Kgosi Baleseng.