Kabelo Masoabi
A family dispute over a homestead, a field and an area of trees has landed the Sekhonyana family of Khanyane, Ha Khoarai, Leribe, in court.
The dispute pits two daughters of the late Sekhonyana Sekhonyana against their sisters-in-law over who has the right to the family property.
Sekhonyana had three wives and, while he was alive, allocated property to his sons. However, questions over inheritance have since emerged among his children, grandchildren and daughters-in-law.
The case centres on property that was inherited through Sekhonyana’s eldest son from the first house, Motšoane, and then the latter’s son, Thabo, also known as ‘Mako.
Thabo was married to three wives, one of whom is ‘Maphela Sekhonyana, who is defending her claim to the disputed property.
Through her lawyer, Advocate Peete, ‘Maphela produced Form C documents showing that the property belonged to her husband.
But the two daughters, represented by Adv Makase, dispute the documents. They argue that the property is part of their ancestral home and that the documents were issued in error.
One of the sisters, ‘Malekhotla Sekhonyana, told the court that she grew up at the homestead and cultivated the disputed field for many years.
She recalled that she was working in the family field when the 1986 military coup took place.
She also said the chief of Ha Khoarai asked elderly villagers to provide evidence because they knew the history of the family and the land.
About 10 elders signed a document supporting the sisters’ claim.
Ms ‘Malekhotla said the senior chief of Khanyane was the only person who refused to sign and stamp the document, saying the dispute should be decided by a court.
“It is for this reason that the parties are before the court today,” she said.
However, Adv Peete questioned the sisters’ reliance on their memories and the elders’ document.
“Where is that letter you are talking about? Neither you nor your lawyer are able to produce it in court,” he asked.
“On our side we have presented Form C documents to support our claim. What are you presenting before this honourable court? Nothing.”
Adv Peete argued that merely being born and raised on land or cultivating it does not establish ownership.
He also argued that the two women, as children of Sekhonyana’s second wife, did not have a share in the property under the inheritance arrangements he relied on, saying the property belonged to the first wife’s line.
The dispute became more complicated after ‘Maphela allegedly attempted to sell the land to Mokoaleli Rapatala.
Adv Makase maintains that the homestead belongs to the Sekhonyana family and argues that daughters-in-law cannot inherit property belonging to their husbands’ ancestral family.
Adv Peete has applied for absolution from the instance and for the daughters-in-law to be allocated the property to which they are legally entitled.
The matter is before Resident Magistrate Marakabei. The lawyers are expected to file their heads of argument by Friday.
