Estate dispute: We were living in First World but ...
MBABANE - “We were living in a First World. We had a lot of money.”
This was according to one of the late Samuel Sibandze’s sons, Ronny when testifying before the Judicial Commission of Inquiry yesterday.
Ronny told the commission that they ran businesses with their father but after his demise, they did not know what was happening with his estate.
He testified before the commission that some of his siblings were allegedly benefitting from the estate, while they were sidelined.
Ronny further alleged that the Master’s Office was not even responding to their correspondence when questioning about the estate.
Samuel died in October 1999 and he was married to two wives, the late Princess Nester Ncengane Dlamini, who was the first wife, and Ellie Sibandze.
According to Ronny, his father’s inventory included six farms, over 1 700 cattle, four cars, five tractors, farm implements, a butchery, shops and a sum of E493 000 in the bank.
He told the commission that his father had a Will and Mbutfo Mamba, who is now a Judge, was appointed as the executor.
Ronny alleged that the Will gave the second wife everything; even his mother’s homestead was taken.
He explained that his mother was married in 1955, through Civil Rites, while the second wife married in 1978 through Swazi Law and Custom.
Ronny told the commission the Will allegedly gave the ‘Common Law’ wife, referring to Ellie, the properties.
Considered
He questioned how that decision came about, as there was the first civil rites certificate that needed to be considered.
According to Ronny, they were in the dark about the estate processes, yet there was a distribution by the executor.
“Mamba did not read the Will, but we got to learn about it while Mamba had already started with the distribution process. We were in the dark about most of the processes,” Ronny alleged.
Adding, he alleged that they did not know what happened to their father’s cattle as they did not benefit, but the estate was benefitting a few individuals.
Ronny submitted that some of the estate properties were rented out and monthly rentals were collected; however, he supposed that the executor made collections.
He alleged that the collections benefitted some of his siblings from the second wife, while on the other hand, they were left destitute.
“The Master’s Office told us that we should sort this ourselves.
“To my knowledge, the cattle were not distributed but what we see now, there was new branding on some of them,” he alleged.
He testified before the commission that the Master’s Office was allegedly not responding to their correspondence when they questioned about the estate. Ronny explained that the Master’s Office officials were paid to assist the people, but they were allegedly not doing their job and further not responding to their letters.
Furthermore, he told the commission that his mother also engaged a lawyer, who wrote a letter to Mamba, seeking clarity on the estate.
Respond
Ronny told the commission that Mamba allegedly did not respond to the letter. He presented another notion that he heard that some of the estate money was in the Guardian Fund.
Meanwhile, Ellie told the commission that she was married through Swazi Law and Customs and she did not ask for the first wife’s certificate.
She told the commission that she was aware of the Will, but also did not receive anything, much against Ronny’s insinuations.
According to Ellie, the only thing she got from the estate was the homestead which she had been residing in, since marriage.
Ellie clarified that she did not know anything about the number of cattle in her husband’s name.
On the same note, one of Samuel’s daughters, Sihle, alleged that the monthly rentals were collected by her siblings (from the first wife) and the new executor, Vuyo Hlatjwako.
According to Sihle, they have never benefitted from the estate, because there was no distribution.
She testified before the commission that they expected the rentals to be deposited into the estate account at the Master’s Office, but that was not happening.
Verify
Adding, she defended the Will’s authenticity, saying one of the witnesses was still alive, and could verify its contents.
Meanwhile, Deputy Master Lindelwa Magagula, said in 2002, the distribution and liquidation account was drawn up in accordance with the Will.
Magagula said there was also an objection, challenging how the account was distributed. She explained that the family was engaged by the executor in 2002 and there was an agreement that everyone would stay at their present homesteads.
According to Magagula, the new executor filed a liquidation account, but it was not in the spirit of the first liquidation and distribution account and the Will.
She stated that the executor was also not happy about the previous executor’s accountability.
The deputy master mentioned that they were expecting a report from the executor, because there were rentals collected in the estate, but do not reflect in their accounts.
The commission requested a comprehensive report about the estate, which would give an account of every process that was undertaken in the estate and an explanation, as to when the estate would be wound up.
The commission also advised the family to engage and find common ground on the matter.