EXECUTOR WANTS JUDGE TO RECUSE HERSELF FROM MULTIMILLION CASE

MBABANE – It appears to have the makings of a protracted case.

The executor of the estate of Solveig Crabtree, whose property was sold to Dups Holdings for E28 million, now wants Judge Mumcy Dlamini to recuse herself from the matter. After making the purchase, Dups Holdings sold Tonkwane Estate, referred to as T1 and T2 Properties, to Public Service Pension Fund (PSPF) for E74 million. The executor, Alan Alexander McGregor, is represented by Mangaliso Magagula of Magagula Hlophe Attorneys. Magagula moved the recusal application in the judge’s chambers yesterday morning. Magagula will file a written application for the recusal of the judge on January 5, 2018 and the matter will be heard on February 13, 2018. He is expected to state his reasons for his application for Judge Dlamini to recuse herself in the written application.

The case involves three matters which have been consolidated. These are an application that was filed by businessman Walter Bennett, who wants the transfer or mortgage of the properties forming part of estate of the late Solveig Crabtree in which he is a one per cent share beneficiary to be set aside.  Bennett, among other prayers in another application, also prays for an order setting aside the second distribution account dated October 12, 2016 settled by Alan Alexander McGregor.  There is a third application in which the late Solveig Crabtree’s son, Robert, wants the executor, McGregor, removed as executor. The matters were consolidated after arguments, meaning that they were to be heard simultaneously. The attorneys representing the parties were not happy that on Monday, the court was to hear one of these matters, particularly the application for the removal of McGregor as the executor of the estate, as opposed to all the matters being heard since they were consolidated.

When the matter was adjourned on Monday, it was set to proceed yesterday and when Judge Dlamini was supposed to go to court, she was informed that the attorneys were discussing certain issues. The attorneys are Makhosi Vilakati who instructed Advocate Steven Kluny to represent Robert Crabtree who wants McGregor removed as the executor. Mbuso Simelane appears on behalf of Bennett while Magagula represents McGregor. Sidumo Mdladla and Mangaliso Nkomondze represent Dups Holdings and PSPF, respectively. The attorney general and the master of the High Court are also respondents. Judge Mumcy said when she was informed that counsel were in discussion, she indicated that if they wished to see her they should approach her chambers and they did. It was then that Magagula moved the application for the judge to recuse herself from the matter. The judge said she enquired if there was any party that wished to join Magagula in his application and they all said they had not taken instructions from their clients.

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