CALLS TO NDLANDLA, RANG UNANSWERED - SHERIFF

MANZINI – The Deputy Sheriff, Charles Thwala, alleged that on December 13, 2022, he called Hector Ndlandla, the Mananging Director (MD), on his mobile contact numbers and the MD did not answer his phone. “I then decided to proceed to his home at Mafutseni, upon arrival at Mafutseni I found his home gates locked. I shouted and no one responded, though there were obviously some people inside who were talking and listening to music. Again I called him on January 31, 2023 and he did not respond to any of my calls and his residence is permanently locked.

Orders

“The second respondent’s conduct shows that he is defiant and uncooperative. He has no business premises and and no known assets. There is no other means to give effect to the writ of execution that approaching this court for the orders sought herein,” he said. Owing to the second respondent’s conduct and or the fact that violence was likely/possible from the respondents in the event of break-ins into their premises, Thwala said the assistance and or presence and protection of the police was ought to ensure law and order.

He said court orders and writs of execution had the power of the law and the police had a duty to see to it that they were complied with and to ensure enforcement of such court orders or writs and provide protection both to the officers legally tasked with execution and the people against whom the orders were affected.

“For completeness and certainty as per this application, I also specifically pray for an order allowing the break-in or removal or any impediments to the execution of the Writ and that the first and second respondents be liable for the costs of such break-in i.e. bear the expenses for repairs.

Conduct

Such would in any case have been occasioned by their recalcitrant conduct,” he added. Thwala said there was no other alternative except for the high court to allow them to gain access to the premises. He believed that police assistance would be relevant and necessary.

“In the month of August, a fellow officer in the Manzini district, Bongani Fakudze was shot while executing a writ and was saved by the presence of police officers who had been secured through a court order,” he added. Thwala said this matter was inherently urgent and the applicant could not be afforded substantial redress at a hearing in due course in respect of the relief sought in the notice of motion. Accordingly, the requirements of the rules of court were met for the purposes hereof.

Condone

He said he believed that the matter was urgent and further requested the court to condone for non-compliance with the rules relating to time limits, service and hear this matter on an urgent and ex parte basis. “I submit that should the first and second respondents be made aware of this application against them without an order to enter and break in being issued first, the respondents might hide or remove from the jurisdiction of the court all movable assets it has so as to defeat the purpose of the lawsuit and render any order that might be issued against it academic.

“Accordingly, therefore, I pray that this matter be heard on an ex parte basis and undertake to have the Notice of Motion and the order of this court delivered to the respondent as soon as same has been granted by this court. The respondents are entitled to anticipate the rule nisi in terms of the rules of court to protect their interests,” mentioned Thwala.

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