Pretoria - Did A childless couple think they were paying R30 000 to Mama Jackie to adopt two children from her orphanage or was the money a donation made by them for the “good work” she was doing.
This is the question Judge Mohamed Ismail of the high court in Pretoria will have to determine when he delivers his judgment on December 1.
Judge Ismail said there were two mutually destructive versions - that by the KwaMhlanga couple who insisted they thought they paid the money as part of the adoption and that of Raisibe Ramohlola, 60, known as Mama Jackie.
She is facing two charges of child trafficking in that she sold a baby girl and a 6-year-old boy to the couple.
Mama Jackie insisted that the couple gave her the money as a donation. She admitted that as the owner of the Delfire Home and Care Centre she could not facilitate an adoption.
The couple, on the other hand, said they only later realised they did not legally adopt the children, as they battled to register the children, among others, on their medical aid. It was only after a magistrate explained adoption procedures to them that they realised something was wrong.
In legal arguments on Thursday regarding judgment, Judge Ismail told the State that according to Mama Jackie’s version, the couple are lying simply to get her into trouble.
“I must examine whether the money was a donation or not,” the judge said.
However, he pointed out that there were many questions, such as that Mama Jackie said she ran the orphanage with a board of trustees, consisting of two other members.
They testified that they knew nothing about the donation.
The judge said he envisaged that the defence would argue that she was illiterate and did not know she had to declare the money to the trustees.
A letter was handed to court stating that the couple did adopt the children and it was signed by Mama Jackie. She said she thought it was a thank you letter which the childless woman had written and which she simply signed.
“If she can’t read or write, how could she run a centre?” the judge asked.
Mama Jackie earlier explained to the court that the couple, after giving her the donation, took the two children on holiday with them. According to her, they never brought the children back.
But this also raised questions as the children were allowed to go with the couple, without any of their belongings.
The State argued that the couple were definitely above board, as the children had been in their care for four years and they were very happy.
The defence, on the other hand, argued that Mama Jackie’s version of events was true and the court should acquit her.
Pretoria News