Social media influencer and DJ Sithelo Shozi, Mpisane’s former lover and the mom of his two younger daughters, served a summons this week to businesswoman Shauwn Mkhize and her son, Andile Mpisane, accusing them of not returning her three-year-old daughter to her after a “go to” of greater than a 12 months.
Shozi, 28, is looking for an interim courtroom order declaring that her three-year-old daughter was “unlawfully and unconstitutionally” kidnapped and that her baby have to be returned to her instantly. She additionally needs an interdict stopping Mpisane, 21, and Mkhize from eradicating her kids from her dwelling with out her written consent.
In her summons filed on Wednesday, Shozi additionally cites police minister Bheki Cele — who’s near Mkhize’s household — because the third respondent. Nevertheless, in her 24-page affidavit, she makes no allegations in opposition to him. Cele was not instantly out there for remark.
In courtroom papers, Shozi claims that she has not been allowed to go to her daughter since she was taken from her in March final 12 months.
However Mkhize and Mpisane’s lawyer, Ntsako Godi, denied that they had kidnapped the kid and mentioned they’d be opposing Shozi’s utility.
“We’ll defend this utility and we’re assured of our case. It is a media attention-seeking stunt,” he mentioned, including that there was no cause for Shozi so as to add Cele as a respondent when she made no claims in opposition to him and he was not concerned within the matter.
Godi additionally questioned why Shozi didn’t open a case at a police station if she believed her baby had been kidnapped, as a result of kidnapping is a severe crime.
“The kid was by no means kidnapped and has always since start been raised in the home of MaMkhize and Andile,” he mentioned.
In courtroom papers, Shozi additionally accuses her ex-boyfriend and his mom of forcing each her kids to endure DNA assessments to show he’s their father.
“As if that was not sufficient, I used to be additionally summonsed to endure the DNA check. This was accomplished to substantiate if I’m certainly the organic mom … I obliged,” she mentioned.
“I had no qualms present process the DNA check. I used to be devoted and constant to [Mpisane] throughout our relationship. What I objected to was the style by which they approached it — it’s illegal to abduct the kid and drive us to endure the DNA assessments.”
In courtroom papers, Shozi claims the drama started when she acquired a cellphone name from Mkhize on March 4 final 12 months asking her to carry her grandchildren to go to at her dwelling in La Lucia as a result of “she was lacking them”.
Shozi mentioned they agreed that the youngsters, who have been dropped off of their pyjamas, would spend the evening and be returned the subsequent morning.
Whereas the youngest, then aged two, was returned to her the identical evening, Mkhize informed her the subsequent day that her eldest baby was not feeling properly and that she would handle her till she recovered, Shozi claims.
Shozi additional accuses Mkhize of “declining to reveal the alleged sickness” and refusing to supply her with proof that she was taken to the physician.
“For over 10 months now, there was no additional communication [on her illness] … It’s clear that [Mpisane and Mkhize] had ulterior motives — which is to abduct [her],” states Shozi in her affidavit.
Godi mentioned Mpisane didn’t have entry to the youthful daughter, who Shozi cares for full time.
“Why are Andile’s rights in respect to the opposite baby not taken into consideration? Why ought to we be nervous about Sithelo not having seen her baby since March however it’s high quality for Andile not having entry?” he requested.
Godi mentioned Shozi’s claims that she was not capable of contact the kid have been unfaithful as a result of in July final 12 months, when she first complained about not having entry, she was given the cellphone variety of the kid’s nanny to name on.
“She’s bitter and jealous that Andile has discovered happiness elsewhere,” Godi mentioned, alluding to Mpisane’s latest proposal to Tamia Louw.
Godi additional denied that Shozi was compelled to endure DNA assessments, which he mentioned have been performed at a time when a parenting settlement was being negotiated.
It’s commonplace apply for a pattern of the mom’s blood to be taken when DNA assessments are performed on kids, he mentioned.
Godi added that Shozi launched an analogous utility final month however withdrew it.
In her affidavit, Shozi claims her elder daughter was faraway from Durban to Johannesburg with out her data or consent, and that she has not been allowed to go to her.
“I might usually have a WhatsApp video name however I’ve since been blocked by the helper and haven’t any entry to the kid in any respect,” she mentioned.
Although Shozi states in courtroom papers that her former attorneys had begun negotiating a parenting settlement with Mkhize and Mpisane, she has rejected a settlement proposal.
“I can not carry myself to barter a settlement regarding my baby and her abductors. I might have been amenable to entertain any settlement negotiations with [Mpisane] if the kid is returned dwelling the place she ought to be,” states Shozi.
Final 12 months, Shozi obtained a safety order in opposition to Mpisane, which she connected to her affidavit, accusing him of insulting, intimidating and harassing her over the cellphone.
Her lawyer, Mabu Marweshe of Marweshe Attorneys, mentioned: “Her former attorneys tried to barter with [Mkhize and Mpisane] to carry again the kid all was in useless.”
Marweshe mentioned Shozi is “confused and emotional therefore you see her turning to the courts for assist”.
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