Cb Q.~

ATLAS 7871. 32,000. 4/17. z. 20.

Record Cover. ---- ____ Department.

~~Is No. _d/f __ _

Subject ......... .

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References .~

01 VIL RICO ltD. • ··~······

case llo. !4.

In the court of the Resident Kacistrater for the District

o-r KAFEKIHG.

Heard on !uesday the 9th day o:r .April , .190~ before J.B. uo:crat,

Xsq., Resident Magistrate tor the said District.

Zyakkia Yotscoamoltmo Sebaetse PL.A.IlfTil!'P'.

Paul DDEHDAN!.

Claim for .writ o:r ejectment and rent .£5 and dama~es .£~5

and costs of suit.

P~aintiff by Mr. Attorney Minchin - Defendant by Mr. Attorney

de Kook.

Yr. de Kook on behalf of Defendant p~eads

1. That the case is o~e beyon~ the_jurisdiotion of th.!_

court on two g 10unds

(a) That summons is in conflict w1 th Section 31

Proclamation No. 2 B.B. of ~ass.

"(b) That the rilht of occupation of the ground in

dispute is conSiderably over the value of £40 sterlin&•

IN THE OOURT OF THI RESIDENT MAGISTRATE

li'OR '!'HE DISTRICT OJ' MAl"EKING.

!O the

Messen&e~ Of the Oourt,

Summon PaUl of the f'arm Tagesi in the district of' Mafek1ria,

(hereinafter called the de:fenc2ant) that he appear before the

Resident Magistrate of this oourt, to be holden at Mafeltinc on

'ruesday the 9th A.P:ril, 1901, ~t 10 o'clock in the :rorenoon With

his W1 tnesses ( U' he have aay ), t• answer : Zakkia Motagoamol.imO

Sebaetse of the f'ar.m Tageai in the district Of Mafekinc, (here­

inafter called the plaintiff), in an action f.or dama&es and

ejectment. And thereupon the said plaintiff complains and says,

(l) That the said palintif'f is the owner of the said farm

!agesi. (2) 'l'hat tbe said defendant was permitted to reside on

the said farm until or about the 5th cSay o:r November, lB 00, when

he re~ei ved not1oe from the plaintiff to quit the said farm w1 th

his :t8JD1ly and iOOdS and chattels. (3) 'l'hat thereupon the

defendant re:ru.aed and necleoted to quit the said _:rarm, and the

said Pl&rintif'f thereafter, on or about the •th &ly o:t January ,JBOl,

obtained :rram w .J. Voa1 the P'iel~Oornet o:r plaintiff'' s ward,

at Kar1tzan1 in the Mafek1nc dist~i~t, a letter addressed to the

said defendant giving him notice to quit the said farm within the

*er.m of 14 days after receipt o:r the said letter and to pay to

the said plaintiff the sum of £5, 1n respect of the use of his

farm f~om the 5th day of' November, l900. (4) 'rhat the said letter . was dul7 delivered to .the said defendant on the fd6d 4th 4AY o:r

January, J9 01, but the defendant has neglected and refUsed to ' .

comply with same and is still trespassing on the said :t'Bllll.

( 5 ) That durina the months of February and Karch, l9 01, the said

defendant has t"elled or caused to be :felled on the said f'al'lll Tagesi

oertain trees the property ot the said plaintiff Which defendant

has removed to tbe town o:r Maf'ekina, and sold ·as fire-wood, and

has applied the proceeds to his own use, and has committed other '

d.ama&es to the said farm.

•

(Oontinued)

Wherefore the l)laintiff' pr:1ys that this Honourable court will

· order the defendant ( 1) to remove w1 th his familY, aoodS and • chattels from the a4".4d farm Taeesi,:torthwith~ (2) to l)ay £5 for

t.he use o:t the said farm from the Sth daY of November, 1900, and

£15 tor the damages to his trees and other damages aforesaid to

his said far.m; (3) to pay the coats ot this action.

And serve on the said defendant a oopy o:t this summons and

return you on that c1aY to the said oo~t what you have dOne on this

summons. Dated at Ma1"ek1nc tbis 25th daY ot Karch, l9 01.

John w. oarson.

Olork of the court.

Mtnohin & Sonnenberg.

P&a1nt1~ 1 s Attorneys.

Ma:te~·

~. ... - ......... - - - - - - - ...... - -RJ:TUJU!.

on this 29th daY o:t Karoh, l9 01, I have duly served a oow

o:t the within summons upon the de:tendant personallY at the f~ Tag;es1, and explained the aature and exiaenoy therea:t •

y.J.I. WahODJ•

Messen&er.

IX THE OOUft! OP THE ftESIDENT MAGISTRA!E

011' MAl"EKINGe

1/- St&JQ.

Zakkia Motsgoamoltmo Sebaetae

versus

PaUl u. Sebaetse.

I dO hereby or4a1n, noDdnatem, and appoint Messrs. de Kook

& Bolus to be my lawfUl Attorneys and Agents for me and in mv name

to defend prooeediflia of olaim and demand inat1 tuted qainst me

by Zakkia Motsaoamolimo Sebaetse aooording to law, and to J)rooeed

to the :t'1nal end and 4eterm1nat1on thereof, by virtue of these

presents with power of substitution, »romising to approve of any

legal steps wllioh he may take 1n the premises on lt1¥ behalf.

Given un(!er my hand at Ma:t'etinc this 9th daY of APril, lBOl.

As w:t.tnesses:-

N.o. de Kook.

H. I. Gower.

Paul u. Sebaetse~

SUNPO:illA IPOR A WI TOSS • __ .., ________ _

court ot the Resident Magistrate

for the District ot YafekinK•

Messenger ot th~ Court or his lawfU1 De~uty.

sunmon George Prancis' ot Matekinc

and

Stephen or Mateking.

~~- Stamp.

that, laying aside all and stn(Ular business and excuses, they and

each of them appear in person betore this court, at Yatek1ng on the

9th daY of APril at 10 o'clock in the forenoon, and also that they

briftl with them and proC\Uce at the time and place aforesaid

certain Market Books and then and there to ·testifY and declare

all and singular those thincs which they, or ~ ~f them, know 1n

a certain case now depenc11ng in t~e said oourt, between Za.kkia K.

Sebaetse, Piztnt1tt, and Paul, Defendant, and that they, or

either ot them, by •o means amit so to dO, at their peril.

Serve on eaoh ot th~, the said witnesses a copy of this

summons, and return to the aa1d oourt e you have done thereupon.

Issued at Ma:fekinc this 9th MY ot .April, l90l.

Minchin & Sonnenberg.

Attorneys & Notaries.

1U.FEKING.

John w. oarson.

Olerk of the said court.

COURT OF THE RESIDENT MAGISTRATE

li'OR .AFEKTNG.

Messenger o~ the oourt

summon

1/- Stamp.

(1) William J. Vos, !'1eld Cornet, residing at Karitzani

in the district of' Maf'eking.

( 2} LUkas, (a native) resiclin& at cashel in the district

ot Waf' eking.

( 3) PaUl. (a native) residing at cashel in the district

of' Waf eking • .

that, laying aside all s1ftgular business and excuses, they and

each o~ them appear in person before thi.s court, at Wa:f'ekitli on the

9th 4ay of' APril, 1901, at 10 o'clock in the f'orenoon, to testifY

and declare al.l and sin&Ular those things which they or any •t them,

know in a certain case now pending in the said court between

Zakkia Kotsgoamolimo Se~aetse , Plaintiff, and Paul, Defendant,

and that theY, or either of' them, by no means omit to dO so at.

the~r peril.

Serve on each of them the said witnesses a co»Y of' this

summons, and return to the said Court what you have done thneU»on.

Kaf'eking this 25th Clay of' March, l9 01.

John M. carson.

Clerk of the oourt.

RETURN.

on this ~ th My of March, l9 01, I have dlily served a copy

of the within sUbpoena upon the within tamed witnesses, at their

respeotive'residences as stated, at the same · ttme explaininl the

nature and exicenoy thereof.

w.J.E. Mahony.

Messenger.

• In support ot exceptions Mr. de Kook calls

PAUL SEBAETSE who being dUlY sworn states:-

! am the defendant in this case . and am a son of the

»al1nt1:ff. I live on the farm Ta&e.si which is in the district ot

llaf'ek1ng.:- My father is the owner of the :farm.- About the end ot

the year 1888 I came w1 th my father from Ba.nltsdrift in the district

o't Taungs to the fal'lll Tacesie~"- we originally came :from Thaba Nohu

in the Orange Free State,- We were Thaba Hchu Barolongs.- In

Ootober last I claimed certain stock from my father.- The case

with regard to the stocx was settled by the Chief weasels and his

Headmen.- uy father and I recognise the Ohief Wessels as the Kea4

ot our tribe.- We fol~ow all Barolong austoms1-an4 since we have

lived on the farm Tagesi mv father and I have alway' followed

these customs.- In 1889 my father allotted one portion of the farm

!agesi to mr brother Stephen and one portion to me.- our cattle

ran on these portions of the tarqJ. till Rinderpest t1me, when we

lost most of our stock.- The few surviving cattle were taken to NoveJdber

where mv :father was living on the tarm.- In He~er last I went

back to mv portion with m, cattle.- I have lived there sinoe.-

The portion allotted to me was about~ of the tar.m .- !he quitrent

tor the whole farm is .£al- 9 /-·- Since my father bought the farm

the quitrent has been paid by my father with money earned by me.­

Wllen allotting p•rtion o:r the farm to me the plaintit'f said he did

so as I had contributed to the . purohase pr1oe of the rar.m.- I

think my :portion o-r the :farm is worth about £300.- My mother and

mr brother Stephen were present when my father allotted the land to

me.- lfo one else was present.- It was a familY arrangement.-

Prom that time I always looked u;pon this piece of land as mine.­

orosa Exd. bz Kr. Uinohin:- we came :from 'rhaba Hohu in 1881.-

I run 38 years of age now.- We belong to the Seleka branch of the

Barolong tribe of which Morok.o was chief.- llonts1oa 1• Ohief or

the Ratsile branch,- We are really all the same tribe.- Ye take all

our disputes here to the Chief weasels.- In the case last October

mv attorneys Messrs, de Kook & Bolus sent a letter of demand to m;y

tather.- That letter is IIOW put ill marked •.1• .- After I bad been to

the attorneys I was told I bad made a mistake in dOil'\i so- I contradict

oontrad1ot mv ~ather it he says he does not reoocnise wessels.-

KY father took me before weasels arter the letter was ~itten bY

m:v attorneys .- 'rhe dispute with regard to ooou;pation of the ~arm

and about the oatt¥e has been before Wess.els.- Wessels decided

that I was to 1et my stook an4 occuPY the portion of the farm

allotted to me.- At the meeting before Wessels ~ :rather told the

Chief' that he was satistied with the decis~on.- He does not appear

to be satisfied now.- The groU44 allotted to me was not surveyed.-

1 think there must be about 2000 morgen in the portion allotted.­

lo beacons were put up but ' a pieoe of the farm was pointed out.­

It ~s oalled Mafikaren&•• It 1s the eastern part of the tarm.-

'rhe whole :rarm belon&ed to 1111 ~ather who si.JIU)ly allotted this Piece

to me as his son.~ l praQtioallY paid the whole or the quitrent.-

! gave a.ll my eadnga to my father.- I used to make more thaa !so

a year.- 1 was riding transport w1 th my own wa&ion and w1 th waeions

belonging to my father arid brother .- The la8tttme I gave my father

anything was just before the war1- When I gave him some money and

., bags of ltaffir-corn.- I ola1m the land I ooCUJJY on the ground tll.a'\

mv :rather gave 1 t to me and that I paid the qui trent.- Af'ter the

oase was settled by the Ohie~ wessela my tather gave me not1•e to

leave hie J)art of the farm and to iO to mv part called Ka1.'1kareftl.­

soon a:rter lew Year I received notioe to leave Uaf1kareng from

Field oornet vos.- I did not oomp1y with it.- I put in the not1oe

I received raarlted•B• .-

Re-ex,A. :- .I contributed towards the purchase price ot the farm.-

META SEBAETSE who being duly sworn states:-

1 am wi~e of the pla1nt1~~ in this oase.- The defendant

is my son.- I re~er my husband bUTitli the ~arm 'faseat.- It

was J)aid tor w1 th atoolt, belong1n& to m:y husband and his sons.­

some o~ de~endant'e stock was civen.~ I dQ not know how muoh

def'endan~ contributed.- my sons Paul and Stephen had portions or

the :f'arlil allotted to theJD.- 1 oan' t say how DRlCh of the farm eahll

one received.- When platntitr allotted portion~ to Stephen and raul

he said he did so because they contributed towards the purchase

:price of the farm.- I know nothing of the value of' land.- In •

November

November last plainti:t:t told defendant to leave his( plaintiff's)

PGrt1on o:t the farm and co to his own ( def'enMnt • s) portion of

the f'arm.-

orose-exd. by wr, Minchin:- Defendant was of age when the :rarm

was bol.JCht .- I can 1 t say how much stock he had then.- He had

receiYed stock :tram his father as a child.- He could not have sold

tlle stock without the :rather's permission.- I am certain portion

o:t the farm was aiven to defendant.- The gi:tt could not aocordinc

to native custom be revoked.- I can't sar what sise or value ot

the land i1•en to each o:t my sons.-

S'rEPHEN SEBAE'l'SE who being dUly sworn states:-

! am brother of the defe~dant and son ot plaintitf'.-

We ~l 11 ve on the f'arm '!'agesi.- Wy f'ather 'bought the f"arm some

years ago with stock contributed by plaintiff, defen~t and me.-one

My father divided the farm into three Pieees,-ttft4 he kept himself'

one he gave me, and one to defendant.- Ky t'ather kept about half

the f'arm and divided the o·ther half' between defendant aad me.-

I think Paul's portion is about a thousand mor1en.- It is well

wooded and worth I think about !soo.- I would nott1llte leas than

that for mv p6eoe.- PaUl's ts quite as good as mine.- rrom the

purohaae of the farm until rinderpest defendant looked after the

stock and rode tranSPort with our waggons.- He handed over the

proceed~ to plaintiff.-,

orosa-exd. bz.ur, K1noh1n:- The purchase price of' the farm was

£600.- 1 think I &ave about ten head or cattle and defendant about

a dozen towards purchase prioe.- ~hey were wo~th from£8 to is

each.- A definite portion of' the farm was allotted to eaoh Of us and

a name &iven to eaoh.- The portions were defined bY natural

features.- 1 oone1der the allottment irrecoverable.-

Mr. Minahin oalla:-

STEPHEN LJ:li'ENYA who being dUly sworn states:-

! know plaintiff' and. his :family.- I know they

had a c11spute be:t"ore the Ohief Wessels abour stoox.- It was not '

about land,- I can 1 t say wheturthey are under Wessels 1 ;Jur1sd1ct1on.­

I only know that they brought this case be:tore him.- Allotme- bJ

a father to his son can be revoked at will by the father.- I kne nothiy

nothiDI about the purchase ot the farm !ages1 by p1a1nt1tf.-

Qrose-exd. bY Wr, de Kook.:- When a Koro1ong revokes an a1lotment

made to his son he need not neoessar11y give compensation., but he

aenerally does do so.-

Exoept1ons upheld and case dismissed with costs.

J.B. Moffat. RESIDENT MAGISTRATE.

'

Karked •.1•.

z. Kokgoamolimo

!ages1.

Dear Sir,

KAJ'EKI 110.

SOU!H AFRIOA•

l9 th Ootober, l9 oo.

We are instructed by your son PaU1 to demand from

you the resto~tion ot his property at present in 70ur possession

and oons1st1n& as to~lows:~

9 Trek oxen and 1 ~uck waggon.

3 cows

3 calves

1 heifer ( 2 years old)

2~ goats

5 sheep • three lambs. We trust there will be no ditficul ty 11\ handing over

to our client the property claimed by ~, as in the event ot his

taking legal proceedings against you he has ve'b' atronr; evidence

to prove his ownershiP to the above stQck, and that the cost& o~

the case wi~l be rather heavY to you. Your son will take this letter to you and ta1liDI

your oo~1anoe with same, he will ~eturn here within a week

reporting the result to us.

Yours tai thtullY 9

de KOok & BOlUS•

Marked •B•.

waarde Heer Paulus Molema

WARITZANI

4/l/l90l.

Distrikt Yafek.1ng.

Klacte 1e 1n&ed:1en tegen u dat u aangeze~ is op de 5de

November, l900, om voor u een andere plaata te zoek, en daar twee ,

maanden versloot is geef 1k u de tw.eede k.ennis op m.ijn pJ.aats te

ru1m. Binnen 8 dD.Cen en niet dan zal u vol.&ens wet behandeld

worden en voor de verloopte t1jd van twee maanc!en e1s ik £~10/­

per maand.

Uw d1enstw1ll1ie dienaar,

w .J. Vos.

Veldkornet.

Collection Number: A979 Silas T MOLEMA and Solomon T PLAATJE Papers PUBLISHER: Publisher:- Historical Papers, University of the Witwatersrand Location:- Johannesburg ©2012

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