NDLOVU ESTATE: EX-MP, HIS BROTHER FILE OBJECTION

mbongeni@times.co.sz

MBABANE – It is going to be a long case indeed.

Former Mayiwane Member of Parliament Apton Sikhumbuzo Ndlovu and prominent Pigg’s Peak businessman Absalom Ndlovu, have since filed a letter of objection to the Master of the High Court’s office. They want that a second Liquidation and Distribution account get drafted and that their mother, Phumaphi Tsabedze, gets included as a beneficiary in the new account. The Ndlovu brothers have further requested the Master’s office, to also include Lizzy Thwala and Rachel Zwane in the account. 

Tsabedze, who is the mother of Apton and Absalom, is now deceased. Thwala, on the other hand, is the mother to Nikiwe, a former deputy head teacher of Swazi National High School and Lucy – who is employed as Secretary at Ngwane Park High School. 

Thwala is also deceased.

repair

The Ndlovu brothers have also called upon the Executor, seasoned lawyer Knox Mshumayeli Nxumalo, to repair and also ensure all the houses registered under the Estate and buildings, especially those situated in Pigg’s Peak are included. They further want Hlobi’s mother to account for all rentals that she allegedly collected since the demise of their father, businessman Calvin Ndlovu. The businessman died on February 17, 2001, aged 68 and had 16 children including Hlobisile, who is now a member of the Liqoqo Royal Council. For the past 19 years, the family had been engaged on an estate dispute, resulting in the matter remaining unresolved.

The objection, which has been seen by the Times SUNDAY, is dated November 27, 2020, and was filed by A.M Lukhele from Seith attorneys in Mbabane. It got copied to Robinson Bertram and Magagula Hlophe Attorneys. The objection precedes an application filed by Hlobi’s mother, Siphiwe Nellie Ndlovu. She recently approached the High Court to seek redress after allegedly finding a paltry sum of E851.25 on the Estate’s account. The 73-year-old mother is represented by the Magagula Hlophe law firm.

The mysterious shrinking of the Estate’s bank account and non-distribution of same resulted in the wife and children of the late businessman taking the executor, law firm Robinson Bertram and the Master of the High Court. Among other orders, the aggrieved beneficiaries want the court to direct Nxumalo (executor) and the law firm to render an account in respect of all the estate monies that got deposited into Robinson Bertram’s bank accounts on behalf of the estate. 

oppose

Times SUNDAY understands that after this application, the executor filed a notice to oppose the application filed by the 10 beneficiaries and their mother.

The matter is pending in court. However, on Friday afternoon the Executor had still not filed his papers.

The beneficiaries, who have joined hands in seeking legal recourse with Nellie (wife) are Bright Ndlovu, Qondile Ndlovu, Khibika Ndlovu, Gcebile Ndlovu, Mduna Ndlovu, Seth Ndlovu, Siphetfo Ndlovu and Manqoba Ndlovu.

Some of Calvin’s properties were leased out to businesses which included Ellerines, Build It, Shoprite, Furniture Warehouse, UniCellular and Dunns. Others were Health Care Pharmacy, SS Tyres, Peak Butchery, Metro Salon, Jazz Time, AK Baz Investments, individual tenants at Killarney flats and tenants under property managers, Buzzby Services.

declaration

According to a judgement posted by the Swaziland Legal Information Institute (SWAZLII) website, in 2006 Nxumalo brought an application in the High Court for a declaration that the marriage of Siphiwe and the deceased entered into by civil rites at Pigg’s Peak on August 19, 1966, was bigamous and therefore invalid because of some pre-existing customary marriages between the deceased and three other women. 

In 2009, the respondents, brought a counter application for a declaration that the Will and Codicils of the deceased should be declared pro non scripto, that the deceased “be declared to have died intestate, and that the estate is administered intestate in terms of the Administration of Estates Act 1902.”

lawful

The two applications were consolidated and heard by Judge J. Agyemang who concluded that the civil marriage was a lawful one, in a community of property, and that the Will of the deceased was null and void. 

The Court recorded that it was common cause that the late Calvin Ndlovu had executed his last will on February 28, 1994 and had later executed four codicils. 

It was stated that at the time of his death, divorce proceedings were pending between him and Siphiwe, and he had other children by three women whom he had married by Swazi law and custom before his civil marriage to the respondent in 1966. 

lodged

The ruling mentioned that what was also not in issue was the fact that Nxumalo drew up a Liquidation and Distribution Account to which Siphiwe lodged an objection. 

According to Siphiwe, she was entitled to half the estate, having been married in community of property to the deceased, and she contended that the account did not reflect her half-share.

The judgement stated that Nxumalo testified that in attempting to find a middle ground he drew up a second account, taking funds from a notional residue to make up the difference between the half-share claimed by the respondent and what had been bequeathed to her under the Will. 

“Both in his founding affidavit and his evidence, the appellant made it clear that he had been concerned about the legality of the respondent’s claim to a half-share since section 24 of the Marriage Act No.47 of 1964 seemed to him not to permit it. 

He was not aware of any endorsement on the Marriage Certificate of the respondent and the deceased showing an election to have their property governed by common law as opposed to Swazi law and custom. 

Most importantly, he had taken the view that the civil marriage was bigamous and, therefore, invalid since the deceased had previously got married to three other women in terms of Swazi law and custom, before his attempt to ‘resolve the impasse’ as set out in paragraph 6.8 of his founding affidavit, which allegations are not denied by the respondent in her answering affidavit,” the judgement reads.

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