The Matala Local Court this week heard a dramatic case involving accusations of infidelity, contested marriage status, and disputed property ownership.
On Tuesday, 40-year old Mabusetsa Fako of Ha ’Nelese pleaded with court president ‘Mantṧieng Ramashamole to dissolve his relationship with Mahaeea Moabi of Ha Motjoka, Teyateyaneng, whom he accused of cheating while they were ‘dating’.
Fako argued that their relationship did not amount to a legally recognised marriage. He told the court that although his family paid M15,000 in lobola to Moabi’s family back in 2010, the process was never finalised through a formal ceremony, church blessing, or registration with the Department of Home Affairs.
“The relationship was like that of boyfriend and girlfriend, not marriage,” Fako testified.
He presented a signed letter from both families outlining the lobola payment but insisted that the lack of formalisation meant there was no legal marriage.
Fako further claimed that the couple did not share any assets. He told the court he built his house at Ha ’Nelese without Moabi’s financial input. He acknowledged, however, that Moabi had been living with him and that he continues to support their 14-year old son.
Despite his accusations of infidelity, Fako said he had continued to provide for Moabi financially.
“Even after I discovered her cheating, I still supported her,” he stated, asking the court to end the relationship formally and prevent her from claiming what he regards as his sole property.
Moabi strongly denied the allegations and presented a different version of events. She insisted that she and Fako are married in customary law and that they have lived together as husband and wife for years.
To support her case, Moabi produced a lease agreement bearing both their names, which she said proves joint ownership of the house. She further claimed to have contributed financially to its construction and renovations.
“The house is ours, not just his,” Moabi told the court, adding that she had invested money and effort into building their home and deserved a fair share.
Fako dismissed her claims, explaining that he only asked Moabi to sign the lease because the document required the signatures of both a husband and wife. He said he allowed her to sign because they were in a relationship at the time, but this did not imply joint ownership.
“She knows she has no claim over my assets. I am shocked she is now saying otherwise,” Fako testified.
The court postponed the matter after Fako requested time to bring a witness who, he said, would corroborate his version of events.
The case is set to resume on October 10, 2025.
