Times Of Swaziland: WIDOW FIGHTS MOZ HIGH COMMISSION OVER MANSION

WIDOW FIGHTS MOZ HIGH COMMISSION OVER MANSION
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BY MBONGISENI NDZIMANDZE  on 18/10/2019 01:05:00


MBABANE - A dispute has ensued over a multi-million mansion currently occupied
by the High Commissioner of the Republic of Mozambique in the Kingdom of
Eswatini.
The multi-million residence is located in Ezulwini – an upmarket town in the
central part of the country – which is known for its hospitality industry.
The embassy claims that the house was donated to the government of the Republic
of Mozambique by its owner Antonio Deinde Fernandez, who is now late. This
assertion is, however, being disputed by the surviving spouse of the deceased,
Halima Adebisi Fernandez, who now intends to sell the property to a third party.
The high commissioner is allegedly refusing potential buyers, executor and the
widow access to the house as they allegedly always found gates leading to the
mansion locked.
This has resulted in the executor of the estate of the late Fernandez, lawyer
Nkosingivile Dlamini, approaching the High Court.
Respondents in the matter are the High Commissioner of the Republic of
Mozambique, Ministry of Foreign Affairs and International Cooperation of the
Kingdom of Eswatini, Master of the High Court and the attorney general.
The executor is seeking an order directing the High Commissioner of the Republic
of Mozambique and/or all those residing or staying there; Portion 127 (a portion
of Portion 37) of Farm 50 in Ezulwini, to be directed to forthwith grant access
to him or prospective buyers in order to view the property.
Dlamini (executor) further highlighted to the court that he intended to make an
application for an order directing the high commissioner and all those holding
title to vacate the house.
The executor averred that he had a right in law to access the house in dispute
and also sell it. Dlamini alleged that the high commissioner had allegedly
refused him access to the house without any lawful basis.
“The first respondent (High Commissioner of the Republic of Mozambique) had
alleged that the deceased orally donated the property in dispute to it (high
commission). In my understanding of law, a donation to be valid has to be in
writing, signed by the donor and the donee,” contended the executor.
He contended that the oral donation was therefore unlawful and invalid.
donation
According to Dlamini, for a donation to be valid there had to be an offer and
acceptance and that was evidenced through a written agreement.
He submitted that the written agreement did not exist in this case as the high
commissioner relied on oral agreement.
“The letter which the first respondent relies on to enforce the oral donation
was not written by the deceased being the alleged donor as per the provision of
the law. On the basis of that alone it is unenforceable in law,” contended the
executor.
He argued that in any event, there was no document that indicated that the
author of that letter was mandated in writing by the deceased. Furthermore,
according to the executor, the letter was allegedly not signed by the alleged
donee.
Dlamini averred that as the executor of the deceased’s estate, he was entitled
in law to have access to the property and also sell it to third parties.
Giving a background of the matter, Dlamini narrated that at the time of his
death Fernandez was the registered owner of the property.
“It has come to my attention that in or about the year 1984 Fernandez allowed
the first respondent, through the then High Commissioner for the Republic of
Mozambique, Luis da Silva, who retired in or about April 2019, to stay in the
property in dispute rent-free,” alleged the executor.
According to Dlamini, he got this information from the surviving spouse who
received same from her husband during his lifetime.
deceased
He highlighted that Fernandez and the surviving spouse had never lived in the
Kingdom of Eswatini.
The executor told the court that Fernandez and the surviving spouse met each
other in 2000 and got married in 2003 in community of property. “The surviving
spouse of the deceased still holds the original deed of transfer of the property
in dispute and she indicated that she will hand it over to me through Patrick
Costa,” submitted Dlamini.
“On or about September 11, 2015, Antonio Deinde Fernandez passed on in Belgium
under the care of the surviving spouse. The couple was living there on permanent
basis,” said the executor.
Through lawyers from Rodrigues and Associates, the high commissioner yesterday
filed his notice of intention to oppose the application. The matter will be
heard by Judge Sipho Nkosi today. The executor of the estate is represented by
Hasso Magagula of Robinson Bertram.