Times Of Swaziland: NON-VIRGIN BRIDE CASE: TEACHER WINS LOBOLA BACK

NON-VIRGIN BRIDE CASE: TEACHER WINS LOBOLA BACK
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BY MBONGISENI NDZIMANDZE  on 30/09/2020 00:56:00


MBABANE – The teacher who demanded his lobola cattle back after he discovered
that the woman he had married lied that she was a virgin, has won the case.
Judge Mumcy Dlamini ordered Ruth Thembisile Sibiya and her mother Elizabeth
Ntombizodwa Sibiya nee Mahlalela to return a herd of nine cattle to Swartz
Manyeva Dlamini.
The court said two of the cattle were as progeny.
Swartz wanted the court to direct Ruth and her mother to bring back 24 cattle
being the progeny from May 1998 to the date of the issuing of the summons
against them.
He alternatively wanted the court to direct the duo to pay him a sum of E22 500
in lieu of the cows, or E60 000 in lieu of the 24 cattle being the progeny of
the nine cows.
Evidence
Judge Dlamini said there was disparity between the number of cattle delivered as
bride price (lobola). The court said it found on the plaintiff’s (Swartz)
witness evidence that only a herd of seven cattle were delivered and not nine
The court said the question for determination was whether the plaintiff (Swartz)
was entitled in law to have the lobola returned. Judge Dlamini highlighted that
she was greatly assisted by the assessors to arrive at the decision in this
matter.
She said the defendants (Ruth and her mother) conceded that they were not
entitled to the lobola. The court said they had no right to lay a claim to it.
“Now the question is, why did the defendants accept dowry in the face of their
position as inferred from their cross examination, that the plaintiff ought to
have not paid dowry for a maiden such as the second defendant (Ruth)?” asked
Judge Dlamini.
The court said the answer was only privy to them.
Judge Dlamini stated that in the eyes of the law, the defendants were not
entitled to receive lobola as Ruth remained not married to Swartz in terms of
Swazi Law and Custom. The court ruled that the defendants, should return the
cattle to Swartz.
In his application, Swartz submitted that Ruth lied that her gaining weight was
due to excitement about the marriage.
He informed the court that she did this with the full knowledge that she was
impregnated by another man.
According to the plaintiff, since the date of their marriage Ruth claimed that
she was a virgin while she knew that she was being economical with the truth.
He mentioned that during their wedding day, after the service and refreshments,
they went to take photos as it was always done. Swartz highlighted that during
the process, he picked her up to pose for the photo-shoot but felt she was very
heavy for her structure and size. He said he was forced to put her down.
“After taking photos that same day, we got ready for a trip to Cape Town for
our honeymoon. We booked in a hotel; where my excitement turned out to be a
misery. As my wife was taking off her clothes, I noticed something and asked her
what was wrong with her stomach, as it seemed big,” submitted the plaintiff.
Student
Meanwhile in her papers, Ruth narrated that, when the relationship between her
and Swartz started, she was young and was his (Swartz) student at Ndzingeni High
School.
She told the court that although she later changed schools, Swartz persistently
asked her to marry him to an extent that he involved her father.
“After I completed school in 1995, Swartz, who was far older than me, insisted
that we get married, but I refused to marry him since I wanted to pursue my
studies,” submitted the defendant (Ruth).
She continued to mention that at the beginning of 1998, she fell in love with
one of his peers, Themba Thwala, and since she was at the university, it was
difficult for her parents to know about this.
Ruth alleged that it was difficult to tell Swartz that she had a change of heart
about him.
The defendant also pointed out that when Swartz and his family brought the
lobola in September 1998, her mother did not know that she was pregnant with
Thwala’s child.
Ruth’s mother was cited as the second defendant in the matter as she was
reported to have vouched for her that she was a virgin. The defendant further
claimed that, Swartz agreed that they should not have sex until after their
marriage.
“I averred that the plaintiff was eager to marry me such that he suggested
that he should pay dowry to my family to enable them to cater for the wedding
using the proceeds,” submitted Ruth.
She averred that as a result, on or during September 1998, at his own volition,
Swartz gave her family a herd of seven cattle as lobola.
According to Ruth, the seven cattle were slaughtered by consent and the meat was
enjoyed by the guests who had attended. The guests, were as per Swazi law and
custom, accompanied by Swartz.
She allegedly also told him (Swartz) that the reason was that she had long
wanted to get married and that she could not believe that it was really
happening.
Swartz was represented by Nozwakazi Gwiji of NE Gwiji Attorneys while appearing
for the defendants was Nonto Sukati of Sukati-Msibi Attorneys.