Kabelo Masoabi
A?Mokhotlong man, Liphoso Leotla, is fighting for legal custody of his 9-year-old daughter following the breakdown of his marriage and a dispute over the child’s living arrangements.
Mr Leotla told the High Court that his ex-wife, ’Malepekola, took the child from him during their separation, even though the girl had been under his care. The couple, who married on Christmas Day in 1999, share three children and finalised their divorce in 2020.
His case proceeded before?Acting Judge Tšooana Lesaoana in the Northern Division of the High Court in Tšifa-li-mali, Leribe.
He said his ex-wife removed the girl from a reputable English-medium school in Butha-Buthe and transferred her to a government school in Mokhotlong — a move he strongly opposes.
“Ever since the child moved to Mokhotlong, she has been struggling in her studies and had to repeat Grade 7 for reasons that remain unclear. It’s hard for me to justify her studying at a different school from her siblings, as it may seem like discrimination,” Mr Leotla testified.
Mr Leotla, who works as a miner in South Africa’s Free State province, said the girl now lives with her maternal aunt in Mokhotlong. He added that he continues to support her with clothes, school supplies, and other essentials but refrains from sending food out of fear that he may be blamed should anything go wrong.
“At the moment, I don’t know where her mother is, but I’ve heard she may be in Pretoria, South Africa,” he said.
He further complained that he cannot apply for a passport for the child because her mother has withheld key documents, including her birth certificate.
The plaintiff also told the court that he left the family home due to persistent insults from his ex-wife. He now seeks exclusive control over several shared properties: a residential house he claims she has abandoned, six rented flats in Maputsoe which he uses to pay school fees, and livestock comprising 54 sheep and 11 cattle in Mokhotlong.
He accused ’Malepekola of neglecting the property and selling livestock without his approval.
“My prayer is for the court to release these properties into my custody because my children will need them in the future. Should I fail to protect them, my children will one day view me as an irresponsible father,” he told the court.
Although ’Malepekola did not attend the hearing, it was reported that she currently resides in Pretoria. The judge reserved judgment and will issue a decision at a later date.
It is also not clear what happened to the other two children.
