DEPUTY SHERIFF GRABS NINE LOBOLA CATTLE

ELANGENI – A family watched in shock as cattle meant to pay lobola were taken away by a deputy sheriff who was armed with a court order.

This happened on Saturday morning following a successful application by one Xolile Motsa who wanted to stop the lobola ceremony between her husband, Sipho Motsa, a driver at the King’s Office and his new bride, Tenele Lushaba.

The ceremony was eventually stopped. Xolile alleged that the cattle formed part of their joint estate, hence her husband could not use them for any other purpose. She contended that she has a clear right to the property forming part of their joint estate.

It was exactly 7.15am when the deputy sheriff, Charles Tfwala, came to the Lushaba homestead, accompanied by three police officers from Lobamba Police Station and three men to deliver the court order and take the cattle, which were nine in total. As soon as he got to the homestead, Tfwala informed the elders and other family members about his mission. He met a lot of resistance from the Lushaba family, who would now and again interject while he tried to explain the purpose of his visit.

Tfwala informed them that he was just a messenger of the court and would not be able to provide much needed answers about his mission, save to execute the court order, which was to take the cattle away.

“Ngite timphendvulo taloku leningibuta kona, mine ngitfunyiwe nje kuphela. Ngicela sibambisaneni kulomsebenti lona (I don’t have responses to all the questions you are asking me, I’m just a messenger. I plead that you cooperate),” he said.

The talks were held right next to the cattle byre where the livestock was kept. While he tried to plead with the Lushaba elders to be cooperative, about four of the family members were standing right at the entrance of the cattle byre, holding some of the logs that are used to block the entrance. The elders tried, in vain, to explain to Tfwala that Motsa (the groom) had bought the cattle with his own money, not the funds accrued by him and his wife as alleged in the court papers.

However, Tfwala informed them that this information would have to be presented in court when the family defends the case.
Upon seeing that the family was not budging, Tfwala called the groom to the side and explained to him about the court order and the effects thereafter should it not be executed.

The groom (Sipho) then attempted to relay the message to his elders but failed to finish off his sentence as he seemed to be overcome by emotions.
That is when Tfwala took over once again and pleaded with the family to comply with the court order.

It took over two hours for the Lushaba family to finally agree to Tfwala’s pleas and moved away from the byre to allow the cattle out.
Indeed Tfwala, with the assistance of the three men drove out the cattle to Embekelweni where they were kept in a safe place. Sadness was written on the faces of the family members who watched helplessly as the nine cattle left the homestead’s byre.

Three-legged pots were already placed over a fire in readiness for the event and family members said they had no choice but to give away the food. A tent had been pitched adjacent to the family house to accommodate some of the family members who were expected to attend the event.

From as early as 4am when the Times team arrived at the homestead, loud music was being played in anticipation for the big event, while the women were busy preparing food and other logistics.
Some of the cattle had already been slaughtered in readiness for the event, while the deputy sheriff managed to take the remaining nine.
The lobola ceremony was stopped after Xolile, through her lawyer, Nhlanhla Ginindza from NE Ginindza Attorneys, applied for a court order, interdicting the event.

She alleged that she was married through civil rites and in community of property with Sipho.
The marriage allegedly took place in March 1994 and four children were born out of the union. Xolile alleged that during the course of their marriage, they procured a lot of movable and immovable property and among these were 12 cattle, which form part of the joint estate.

“I respectfully submit that our marriage was a smooth sailing one and was generally an epitome of success and close-knit family until Sipho behaved himself in a manner that is suggestive of his intentions of permanently bringing the marriage to an end,” she alleged.

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