‘THAT HOUSE WAS DONATED’

MBABANE – The High Commissioner of the Republic of Mozambique claims to have proof that the multi-million Emalangeni mansion he is currently occupying was donated to the government of his home country.

The house which is now a centre of dispute is located in Ezulwini – an upmarket town in the central part of the country.
The High Commissioner is adamant that the house was donated to the government of the Republic of Mozambique by its owner Antonio Deinde Fernandez who is now late.

Lawyer Jose Rodrigues, who is representing the High Commissioner, on Monday informed Judge Sipho Nkosi that they have all the evidence to prove that the house was donated to the government of the Republic of Mozambique.

He went on to tell the court that in 2016 the government of the Kingdom of Eswatini allegedly declared the residence to be under immunity.
The lawyer contended that the house was protected under the Vienna Convention on Diplomatic Relations.

Agreed

The Vienna Convention on Diplomatic Relations, which was agreed upon in 1961 and went into force in 1964, set out how sovereign States can establish, maintain and, if need be terminate diplomatic relations. It defines who is a diplomat and thus entitled to special privileges and immunities.
The assertion that the house was donated 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, the executor and the widow access to the house as they allegedly always find 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 residing or staying on 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.  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.

Application

He contended that the oral donation was therefore unlawful and invalid. According to Dlamini, for a donation to be valid there had to be an offer and acceptance and that was evident through a written agreement. 
Dlamini submitted that the written agreement did not exist in this case as the High Commissioner relied on an 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.

Post your comment

Your name:

Your e-mail address:

Add your comments:

Please enter the code you see in the image:

Image:

Code: