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'Mom' lies over child to get cash

An Mthatha woman has been exposed as a liar in court

Here's the details...

A woman who accused a lawyer of stealing Road Accident Fund (RAF) money meant for “her minor child”, involved in a car accident 11 years ago, has been exposed as a liar in court for claiming to be the mother of the child.

Busisiwe Mkhaliphi, who laid fraud charges against lawyer Solomzi Vutula, admitted in the Mthatha High Court this week she had lied by saying she was the biological mother of the then 6-year-old child .

Mkhaliphi submitted a claim to the RAF on behalf of the child, claiming to be its mother.

But in court this week, during Vutula’s fraud trial, Mkhaliphi admitted she had lied about the maternity of the child – and claimed the child’s biological mother, Nomonde Mkhaliphi, was “mentally unsound and a drunkard”.

“I said I was the child’s mother after we discussed it (and agreed) together as a family that I should do so because Nomonde did not even have an ID book and therefore could not process the claim herself.”

Nomonde is her cousin.

Though there were no documents proving Nomonde’s mental instability, Mkhaliphi maintained she was “mentally unsound”.

The Dispatch reports that under cross-examination from Vutula’s lawyer, advocate Phillip Zilwa, it emerged that Mkhaliphi had even gone as far as obtaining a fraudulent birth certificate for the child at Home Affairs.

She also went to doctors telling them the child was hers for the purposes of claiming the R470,000 payout from the RAF.

Mkhaliphi admitted to “lying to the court on more than 10 occasions”.

“I put it to you Busisiwe... You were bitter because you had big plans for the money following a payout from RAF. You wanted to buy a car for your boyfriend,” Zilwa said.

Mkhaliphi’s troubles deepened yesterday when Nomonde appeared before Judge Lusindiso Pakade and testified that she was happy with the services she got from Vutula.

“When I found out that Busisiwe wanted to use the money to attend to her own personal needs, I phoned Vutula and asked to meet with him.

“He came to my home where I told him I was the child’s mother, but because I am illiterate and did not have an ID book at the time I had asked Busisiwe to lodge the claim on my behalf.

"I am not mentally unsound, she has never taken me to a mental asylum for evaluation, so Busisiwe lied to the court in saying I was.

"She also lied by saying I am a drunk. I admit I do drink but I have never slept in the streets – I always drink and go home – so she lied about that, too,” she told the court.

The court heard how Vutula investigated the child’s maternity by taking statements from people in the community and getting a DNA test before giving Nomonde cheques in instalments.

Copies of cheques dating back to 2006 by Vutula to Nomonde were submitted to court as evidence.

She received four cheques of R25,000, a fifth one of R35,000, while a cheque for the amount of R150,000 was sent to the Master of the High Court for a guardian fund for the child. Lawyers’ fees were taken off the original amount.

Pakade reserved judgment until December 15.

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