VICTOR’S WIFE SUBMITS EVIDENCE OF CIVIL RITES MARRIAGE

MBABANE – Crucial documents that include a death notice, reflect that the late businessman and football administrator, Victor Gamedze, was allegedly married through civil rites.

The death notice, which is annexed to a supplementary affidavit which was filed by Gamedze’s wife, Princess Lungile, yesterday was issued pursuant to the provisions contained in the Administration of Estate Proclamation, 1962.
Princess Lungile and the Master of the High Court are currently embroiled in a legal battle after the latter ruled that she was eligible to receive a child’s share from the multi-million estate of her late husband.

In her objection to the Master of the High Court, Princess Lungile contended that with Gamedze, they were married through Civil Rites.  This was, however, disputed by the Master in her response to the widow’s objection.
In rejecting the objection, the Master said: “Mrs Gamedze alleges that she was married in community of property to the deceased. There is nothing contained in the estate file to support this assertion. At the time the liquidation and distribution account was presented to the Master for examination and approval, there was no evidence that the deceased was married to Mrs Gamedze in terms of civil rites.”

Dissatisfied with the decision of the Master, Princess Lungile has since taken the Master to the High Court.

Other respondents in the matter are the executor of the estate, lawyer Derrick Jele and Gamedze’s five children, Temalungelo, Tengetile, Tiyandza, Nosipho and Wandile.
Also reflecting that the late businessman and the princess were allegedly married through civil rites is a title deed for a property which the late businessman acquired during his lifetime.

According to the princess, it appeared that the executor allegedly failed to gather and supply to the Master the title deeds for the properties, which were crucial for the administration and distribution of the estate.“I have managed to obtain one of these title deeds, for remaining Extent of Portion H Farm No.2 situated in the Hhohho Region. The court will note that on the title deed it states that Mr Gamedze and I are married in community of property, which clearly means were married under civil rites,” she argued.

She contended that this was crucial because it tied back with to a point she made in her founding affidavit, that she was precluded from having property registered in her name under the now invalid Section 16 (3) of the Deeds Registry Act, because it considered them to be married in community of property.

In her supplementary affidavit, Princess Lungile wondered why the Master of the High Court turned a blind eye on these documents when the estate file was presented to her.
She told the court that the failure of the Master of the High Court to take into account the vital documents and information rendered her (Master of the High Court) decision fatally irregular.
“The record demonstrates that there was evidence before the Master and the executor indicating that we were married under civil rites, which documentation appears to have been ignored by the master,” she argued.

She averred that without any further information to support the Master’s decision, there was no justification for her (Master of the High Court) to reject her objection. Princess Lungile told the court that from considering the record supplied by the master, it was clear that some key relevant documents and information were in existence but were not taken into account by the master.These are allegations contained in an affidavit whose veracity is still to be tested in court.

Paternity

“First, there are no papers contained in the record furnished by the master from the litigation regarding the paternity of Nosipho. But the Master is plainly aware of such litigation because she refers to the dispute over paternity in her reasons for rejecting my objection,” argued Princess Lungile.
She told the court that this was very important because, as set out in her (Princess Lungile) affidavit, in the aforementioned litigation, Nosipho challenged her marriage to the late businessman.  Princess Lungile submitted that in her response, she adduced evidence of both customary and a civil rites marriage.

She highlighted that court held that there was no merit in Nosipho’s challenge.The princess went on to tell the court that there was no file recording the conversation between her attorney and the Master wherein  in the lawyer informed her (Master of the High Court) that she was also married to the late Gamedze through civil rites.

“Thirdly, while the inventory document and the distribution account list various immovable properties in Mr Gamedze’s name, the executor appears to have failed to gather and supply to the Master the title deeds of those properties, which are crucial for administering and distributing the estate,” contended the applicant (Princess Lungile).

She averred that this meant that the Master did not have regard to crucial and material information about the civil rites marriage between her and Gamedze when considering whether to uphold her objection. “The title deed, for example, demonstrates not only in official State’s record were married in community of property, but also demonstrates that if there was some legal impediment to our civil rites marriage, we were of the bona fide belief that we had a valid civil rites marriage,” she argued.
Princess Lungile told the court that she was deprived of ownership rights in properties she should have owned because of Section 16(3) of the Deeds Registry Act, which had been held to be unconstitutional and invalid.

The executor and the Master of the High Court are opposing the application and they have each filed notices of intention to oppose. The matter is still pending at the High Court.
Princess Lungile is represented by Mlungisi Khumalo of Khumalo Attorneys.

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