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A JUDGE presiding over a contentious circumcision case that pitted a father against his son stormed out of proceedings yesterday. Judge Jean Nepgen ordered the defence counsel to give the complainant Bonani Yamani and his father, Lindile, time to settle their differences.

Bonani, a devout Christian, took his father and the Eastern Cape House of Traditional Leaders to court, demanding an apology from both of them after he claimed he was forcibly sent to initiation school in 2007.

Nepgen said there was nothing so sad as seeing a father and son sitting at opposite ends of the table in a court case. “Is there any way that they can be made to reconcile their differences,” he asked defence advocate John Smyth, QC, from Cape Town.

Smyth belongs to the Justice Alliance of South Africa (Jasa), a Cape Town-based organisation which describes itself as “a coalition committed to the highest moral values in SA society”.

At the first morning adjournment, Bonani’s mother Nomzi wept as she and her husband, together with their son , were led behind closed doors by court officials in an attempt at reconciliation. “He is our son and we love him and we will never abandon him. We will love him for ever,” she said crying.

After the meeting, the court resumed and was told by Smyth that Bonani had forgiven his father. There was no bad blood between them. They had lived in the same home as a family since the incident took place.

Smyth said Bonani did not want to make any monetary claim against his father: “All he wants is for the court to issue an order or declaration that this was unconstitutional and to prevent the same thing from happening to his friends.”

Nepgen asked why Bonani was asking for such a declaration when the Constitution said assault was wrong. Smyth argued that Bonani was asking for the declaration so that his friends, who are also Christians, would not be discriminated against if they chose not to undergo initiation.

Nepgen asked: “Are they before me, his friends?”

Smyth said it was Bonani’s constitutional right not to be discriminated against on the basis of his beliefs and Christianity.

At that point a very agitated Nepgen told Smyth to forget about rights and think about the family. “Forget about standing up for rights Mr Smyth. We are dealing with a family here and reconciliation is most important.” He stood up, pronounced “I adjourn”, and left the court.

During the entire proceedings, 20-year-old Bonani, who at times covered his face with both hands, sat quietly a few metres from his father. He claimed he was forcefully circumcised after his father and about 10 other men abducted him in the early hours of March 3, 2007.

Yesterday’s proceedings were postponed to next year to allow the legal representatives of Chief Ngangomhlaba Mathanzima, chairperson of Eastern Cape House of Traditional Leaders, to consult with him as he was not present in court.

The house was added as a respondent after royal spokesperson Prince Zolile Burns-Ncamashe was quoted in the Dispatch as saying Bonani should be ostracised by his community for not wanting to undergo the ritual.

Smyth said yesterday Ncamashe was speaking on behalf of Mathanzima and therefore Bonani was demanding an apology from the traditional leaders in the province.