GBV SURVIVOR TAKES LOAN, PAYS FINE FOR EX, DEMANDS REFUND

MANZINI – Celiwe Mthupha from Mbekelweni has taken her ex-lover and his mother to the Small Claims Court, seeking E6 400 in damages.

This amount represents the fine she paid on her ex-lover’s behalf after he assaulted her. Mthupha filed the claim after loaning E4 000 to Winile Gamedze, her former partner’s mother, to pay the fine imposed on Thando Dlamini, her ex-lover, who had been arrested for assaulting her. In the case, Mthupha is the plaintiff, while Gamedze and Dlamini are the first and second defendants, respectively.

Acting Manzini Commissioner of Small Claims Court Sifiso Ngozo heard the matter.  According to Mthupha, in October of this year, Gamedze approached her for a loan of E4 000, explaining that it was needed to pay a fine for her son, Dlamini, who had been detained. Mthupha initially expressed her inability to lend the money but later borrowed it from a stokvel in her name at a 20 per cent interest rate per month. She then handed the money to Gamedze, clearly outlining the terms, including the monthly interest.However, Mthupha later discovered that Gamedze had failed to repay the loan and instead directed her to approach Dlamini for the money. But Dlamini denied borrowing any money from her, despite occasionally promising to repay her, only to renege on those promises. Frustrated, Mthupha sought repayment of the original E4 000, plus three months’ interest totalling E6 400.

Denied

In her defence, Gamedze, who is self-employed and runs a boutique in Nhlambeni, contested the claim. She denied that the loan had been agreed with interest, asserting that Mthupha had simply agreed to lend her the money to assist her son, Thando, who had been in a relationship with Mthupha. Gamedze argued that she was not liable to pay the loan, whether with or without interest and that Dlamini should be the one responsible for repayment. Dlamini in turn, disputed the claim of E6 400, acknowledging only the E4 000 loan. He explained that the money was used to pay a fine for the criminal matter between him and Mthupha. He confirmed that he had already paid E1 500 via mobile money and requested to settle the remaining E2 500 through monthly instalments of E1 000, starting in January, 2025.

Mthupha maintained that the loan was indeed subject to 20 per cent interest, emphasising that the money she borrowed was specifically to pay for Dlamini’s fine. In his ruling, Commissioner Ngozo made Gamedze the first defendant and Dlamini the second. The court ordered Dlamini to repay Mthupha the sum of E2 500, in instalments of E1 000 per month, starting by the end of January, 2024, until the loan is fully settled.

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