Times Of Swaziland: S’GCOKO’S WIDOWS IN CAR SALE COURT BATTLE

S’GCOKO’S WIDOWS IN CAR SALE COURT BATTLE
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Kwanele Dlamini on 23/12/2024 14:03:00


MBABANE – The court had to intervene when one of former ESTVA CEO Bongani
‘S’gcoko’ Dlamini’s widows sold his Mercedes Benz without remitting the
proceeds to his estate.
Nozimbali Dlamini (born Sukati) ran to court to set aside the sale of the motor
vehicle. The car was sold to an evaluator, Mariamo Benedito Mussa by the other
wife’s daughter, Dvumeleni Simple Dlamini. Sibongile Juana Dlamini (nee
Vilakati) conceded that she instructed her daughter, Dvumeleni, to sell the car.
Judge John Magagula set aside the sale of the motor vehicle.
The court also ordered the master of the High Court to register the car in the
deceased’s estate. Judge Magagula further ordered Sibongile and Dvumeleni to
reimburse Mussa the amount of E86 000 that the latter paid for the car. Bongani,
who was a well-known journalist, radio personality and television station
administrator, died on August 20, 2021. He is survived by, inter alia, his two
wives, who were appointed co-executors in his estate.
During his lifetime, he acquired and registered in his name a Mercedes Benz
registered OSD 163 BM, among other assets.  The first liquidation and
distribution account was drawn and it was approved by the master of the High
Court on October 17, 2022. The following liquidation and distribution account
would include the Mercedes Benz as the master of the High Court instructed
Sibongile to secure its evaluation. The aim was that it would also be sold and
the proceeds distributed to the beneficiaries.  However, this could not happen
as the motor vehicle was sent to Mussa’s company for valuation.
“... and after such evaluation, the second respondent (Mussa) bought it from
the third respondent (Dvumeleni), who is a daughter of the first respondent
(Sibongile),” reads the judgment.
The sale was not denied and that it took place with the approval and under the
supervision of Sibongile. The court was told that she conceded that she
instructed her daughter to secure a buyer for the car.
Admitted
Sibongile also admitted that she never accounted for the proceeds of the sale of
the car, but that she used the money for her own household’s needs. She
claimed that Nozimbali and her two children benefitted from the sale.  Nozimbali
went to court arguing that it was unlawful to sell the car without her approval
as co-executrix, and of the master of the High Court. She also argued that it
was unlawful for Sibongile to appropriate to herself and her children the
proceeds and exclude the other beneficiaries. According to Nozimbali, Sibongile
was supposed to secure an evaluation of the vehicle and report to the Master’s
Office.
In response, Sibongile said the application should be dismissed, because
Nozimbali was approaching the court with unclean hands. She submitted that
sometime in December 2022, Nozimbali received an amount of E262 200.05 from the
deceased’s former employer, Eswatini Television Authority (ESTVA), and
appropriated the money to herself, and did not account for it. She said
Nozimbali was, therefore, guilty of material non-disclosure. However, Nozimbali
did not deny receiving this money. She filed proof of payment from Nedbank
Eswatini, indicating that she was paid the said amount on December 21, 2021. 
She said this money was paid by ESTVA in respect of a motor vehicle allocated to
‘S’gcoko’ but which he had to pay for.
At the time of his demise, he had paid the sum of E300 000 and since he had not
finished paying for the car, the employer agreed with the family that the
vehicle would be retained by the employer and the amount of E300 000 be refunded
to his estate.  Nozimbali denied that she appropriated the money to herself and
that she approached the court with unclean hands. She maintained that she used
the money to pay helicopter charges as their husband was airlifted to the
Republic of South Africa when he was ill. She told the court that an amount of
E71 500 was paid to Kenneth Maziya and a similar amount was paid to Mncedisi
Mayisela.
This totalled E143 000. She told the court that she also paid E59 549 to
Sibongile and appropriated a similar amount to herself. This made a final total
of E262 098. She submitted that the monies paid to Maziya and Mayisela were
refunds to them as they had paid the helicopter charges on the understanding
that they would be refunded.