Question posted in the General Law category relating to Eastern Cape
Question value: R 0.00
Dear sir or madam
I need assistance and advice. I am Xabiso Khulekani Bota, I am 29 years and I live in Lower Shiloh a village in Whittlesea near Queenstown in the Eastern Cape. Recently I was involved in dispute about a plot/site. It belonged to my late uncle who passed away in February 2019. We have documents to support that. In May this year a man came to my uncle's site, cut the fence (which has been there since 2002/3) and claimed that it belongs to him. He started working to prepare for building a house. My family went to the headman of the village, it was unfortunate that the matter was handled with some kind of incompetence, and that compelled us to go to the police. We tried to open a case but we were told that it is a civil matter. The police tried to make ways for my family and the man to talk, but that was unsuccessful as the man always avoided that. In the beginning of June I made a mistake of going to the site (with a few members of the community)and took all his belongings out of the site. Some bricks were broken. He went to the police and pressed charges for malicious injury to property. I was charged and I am due to appear in court on 4 August for the offence. I also pressed charges against him for damaging the fence (in my view I am trying to prove that I am not the only one who did wrong) We also tried to get advice at the Whittlesea magistrate's court and we were advised to approach legal aid for the civil case as the man also claims that he has papers for the site. In the mean time, both parties were advised to stop with any work on the site until the issue has been resolved by a court. I need assistance for the civil case, as my family cannot afford to pay a lawyer. What to do next? My fear is that what if that man goes to the site a decide to continue working.Secondly on the criminal case, what are the odds of me being prosecuted and be jailed? I am really terrified of going to prison and getting a criminal record.
Thank you Xabiso Bota