News / National
Nkayi chief taken to court over 'illegal' ruling
31 Mar 2021 at 01:36hrs | Views
NKAYI traditional leader Chief Dakamela has been taken to the magistrates court by one of his subjects after he ordered that he be caned in public for assault.
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.
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.
"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.
Source - newsday
