Deadbeat dad sent to jail

daveza

daveza

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http://www.iol.co.za/news/crime-courts/deadbeat-dad-sent-to-jail-1.1764415#.VDwfRvmSx8E

Tonga - An Mpumalanga magistrate on Monday ordered that a father who failed to pay his son's maintenance money be kept in police cells for five days.

“Court orderlies please lock this man up. We will see each other on Friday to see whether you won't make some plans to pay your son's maintenance,” said senior magistrate Sam Nkuna in the Tonga Magistrate's Court, according to a report by a Sapa correspondent.

The accused, Paul Khoza, 45, of Sibayeni village, near the Swazi and Mozambican border, earlier told the court he had not paid maintenance money this year because he had a lot of debt.

“Sir, did you make these debts before this child was born or what?” asked Nkuna.

Khoza replied that he accumulated the debts after his seven-year-old son was born.

“You act like a baboon which collects everything and when you approach it; it just leaves the items and runs away without anything,” he said.

He said he would set an example with Khoza.

Nkuna further told the court that Khoza failed to pay a mere R100 per month for his son as a sign that he was willing to co-operate. He was expected to pay R350 per month.

“This is your son sir, not mine. You have to take responsibility for him,” the magistrate said.

Khoza was remanded in custody until October 17, at which point he is expected to pay some of the money owed.
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We can only be thankful it was a black magistrate who said that.
 
Unfortunately some people keeps on writing debt off as it is not worth the money (and time spent) chasing down debt offenders, especially if they move around a lot without a fixed domicilium citandi et executandi.
 
If I were the idiot useless father I would have the magistrate up on what he said. Being a magistrate you cannot make statements like that even if true.
 
Hemi300c said:
If I were the idiot useless father I would have the magistrate up on what he said. Being a magistrate you cannot make statements like that even if true.
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Well, he said he acted like a baboon and thus used it as a simile, he didn't say he is a baboon, in which case he'd most likely be asked to resign. I do still believe that if the judge was white his words would be twisted and taken out of context.
 
I don't see anything wrong with the analogy. Saying he acts like a baboon
doesn't mean he looks like one, which is, for all intents and purpose, the derogatory component. I've read way more demeaning analogies in judgments. I'm more intrigued as to how the magistrate will justify depriving a man of his liberty without due process because he acts like a baboons, so to speak...
 
xeslaro said:
I don't see anything wrong with the analogy. Saying he acts like a baboon
doesn't mean he looks like one, which is, for all intents and purpose, the derogatory component. I've read way more demeaning analogies in judgments. I'm more intrigued as to how the magistrate will justify depriving a man of his liberty without due process because he acts like a baboons, so to speak...
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due process was followed - the accused has been charge or convicted of a criminal offence and is held in custody pending finalization which may be for up to two years incarceration, during this time he has an opportunity to purge himself of the contempt of a court order which is the genesis of the criminal offence for which he faces imprisonment, he is welcome to file a bail application which would be heard after about a week in line with the roll or if brought urgently would require his representative to provide financial information to the court which he is seeking to evade disclosing
 
“You act like a baboon which collects everything and when you approach it; it just leaves the items and runs away without anything,” he said.
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I am sure the baboons will settle out of court for this inflammatory remark ...... baboons generally look after their off spring.
 
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