WARRANT OF ARREST FOR HM STATIONERY BOSS

MBABNE – A warrant of arrest has been issued against HM Stationery Director, Hezekiel Mabuza.

This, after Mabuza failed to appear in court to respond to  allegations, after he was accused of failing to remit wage records and pay statutory contributions to the Swaziland National Pension Fund (SNPF). Anson Mkhaliphi,who is representing the Crown in the matter, applied for the warrant of arrest. Magistrate Sifiso Vilakati authorised the warrant to be issued and the matter was postponed to November 8, 2017. Detective Constable Mkhonta informed the court that he served the summons to Peggy Dlamini, who is the Finance officer at HM Stationery. According to the court papers, Mabuza, who appears on the SNPF website as a member of the Board of Directors contravened Section 14 and 16 of the SNPF Order number 23 of 1974 and Order of 1975. The papers further reflects that between  April 2015 to August 2017, near the Independence Building Shop, Mabuza failed to produce wage records and pay statutory contributions, plus a penalty of 7.5 per cent between the periods. The owed amount is estimated to be about E40 000.

Recently, Yandiza Investments (PTY) LTD moved an urgent application seeking an order interdicting HM Stationery from removing, disposing and alienating movables at the premises which are situated on Plot 2047 at the Summer Place Building on Mancishane Street in Manzini, pending finalisation of the proceedings. The application came after the stationery shop allegedly failed to pay rent amounting to E46 865.19. Yandiza Investments (PTY) LTD was represented by Marcia Hillary of MJ Hillary Attorneys, while Malta Mabuza and Hezekiel are the first and second respondents respectively, who happen to be directors of the stationery shop. The applicant moved that a deputy sheriff or any lawfully authorised person be directed and authorised to lock and attach the movable goods, and hold them to their custody pending finalisation of the proceedings instituted against the respondents, for the area rentals of the said amount.

The claim by the applicant included, among other things, ejectment of the respondent and all those having title under it, further accruing rent until the matter is finalised, and payment of 10 per cent collection commission by the respondent and granting costs of application. According to the court papers, notice was duly given to the respondent requiring the settlement of the amount in arrears, and that he failed or refused to vacate the premises or to make payment of the amounts which were now due owing and payable in terms of the lease agreement. The papers contain that in or about March 2017 at Manzini, the parties entered into a written agreement of lease in terms of which the applicant agreed to let certain premises to the respondent and that material or implied terms and conditions were set out. The agreement of lease commenced on March 1, 2017 for a period of one year, where the agreed rental sum was E6 734 86 per month excluding VAT payable without deductions, monthly and in advance on or before the first day of each calendar month, free of exchange. Also included was a rental escalation of 10 per cent per annum in the month of May every year, and that the respondent took occupation of the premises on the aforesaid terms and was for the business of a book shop.

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