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Tenant sues landlord over alleged defamatory insult

The Matala Local Court has postponed to November 4, 2026, a case in which a tenant, Neo Machake, 34, of Ha Pita, is suing her landlord, Mothobi Mothobi, 33, also of Ha Pita, for alleged defamation.

Machake is seeking compensation, alleging that Mothobi called her “sefebe sa setabana”, an expression she says was insulting, humiliating and damaging to her reputation.

The dispute reportedly arose from tensions between the two, including disagreements over the volume of Machake’s radio, particularly at night.

According to evidence before the court, Mothobi had previously complained about the noise and asked Machake to lower the volume. Although the matter was discussed, relations between the two allegedly remained strained.

The court heard that on August 5, 2026, Mothobi went to Machake’s rented room in the evening and angrily demanded that she leave the yard.

Machake reportedly contacted Mothobi’s wife, telling her that her husband was confronting her. A neighbour, Maponts’o Pape, who lives in the same rented premises, was also present during the incident.

Mothobi later approached Machake in an aggressive manner and allegedly made remarks concerning her conduct at her room. Maponts’o allegedly intervened and also used the same expression against Machake.

Machake told the court that she felt insulted and humiliated by the alleged remarks. She maintained that she conducted herself differently from what society expected, explaining that although she is regarded as a woman, she presents herself in a masculine manner.

Mothobi’s counsel, Advocate Khumalo, questioned Machake about the circumstances surrounding the alleged statement and whether the words attributed to Mothobi constituted an insult.

The proceedings also raised questions about the legal basis of Machake’s claim.

The court heard that although Machake complained of being insulted and humiliated, her summons was brought as a claim for defamation and damage to her reputation.

Mothobi denied making the alleged statement and maintained that he should not be held liable for words he did not utter.

Lipuo Hlephe, 39, who testified as a witness, told the court that tensions between Machake and Mothobi had existed for some time, particularly over disagreements concerning the radio.

Hlephe said Mothobi had previously knocked on Machake’s door at night and asked her to reduce the volume.

The court heard that the dispute eventually resulted in Mothobi reporting the matter to the police after Machake allegedly continued playing the radio. Communication between the two subsequently became limited.

Pape also testified about the day of the alleged incident.

She told the court that Mothobi was looking for his wife and appeared to have been drinking. She said she advised Machake to remain calm because Mothobi had been drinking.

Pape also told the court about attempts to resolve the dispute before the matter came to the attention of the police.

The defence maintained that Mothobi did not use the alleged defamatory words against Machake.

Matala Local Court President Manthuntsi Nts’ala postponed the matter to November 4, 2026, for further proceedings.

The court is yet to determine whether the alleged statement was made and, if so, whether Machake has established a valid claim for defamation and damages.

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