SIKHUMBUZO, WIFE’S COMPANY OWES FARM CHEMICALS LIMITED E330 000

MBABANE – At the time of his death, Pastor Sikhumbuzo Cream Shongwe and his wife’s company allegedly owed Farm Chemicals Limited E330 000.

Farm Chemicals Limited is demanding payment of a sum of E329 726.82 from Teren Cream Investments (Pty) Ltd, whose proprietors were Shongwe and his wife, Jabulile Teren Nkonyane. Shongwe died last Friday after being shot by police officers, after he allegedly tried to disarm an officer during the process of effecting an arrest. Shongwe had hours earlier on shot and killed a businessman, Zweli Tsabedze, whom he accused of having a love affair with his wife. The pastor died while admitted to the Raleigh Fitkin Memorial (RFM) Hospital.
When he died, his wife had filed for divorce after she had been discharged from hospital where she was admitted, subsequent to being shot by her husband at their rented flat at Moneni, Manzini. The divorce proceedings are pending at the High Court.

Another matter that involved the two, which is pending in court, is the demand for payment by Farm Chemicals Limited. According to Farm Chemicals Limited, it had concluded an agreement with Teren Cream Investments for the supply of goods at the instance of the former. In terms of the agreement, according to Farm Chemicals Limited, Teren Cream Investments would issue an order for the supply of the products and would proceed to sell and deliver where the latter would have directed. According to the particulars of the claim, upon delivery of the goods, Farm Chemicals Limited said it would issue an invoice to Teren Cream Investments and it would make payment within a period of 30 days after receipt of the invoice.

Agreement

Farm Chemicals Limited alleged that after concluding the agreement, it effected a number of transactions. On January 28, 2021, Farm Chemicals Limited informed the court that it supplied agricultural goods at the instance of Teren Cream Investments in the amount of E191 080 which was in respect of 680 units of 2:3:2 (22) +Zn Kynock 50kg at E281.
Teren Cream Investments allegedly paid E170 403 and the balance was E20 676.82. On February 1, 2021, according to Farm Chemicals Limited, it allegedly supplied E49 295 worth of goods made up of 110 units of Lan 50kg at E269, each totalling E29 590 and 20 units of 2:3:2 (37) Zn f/c 50kg at E411 each amounting to E8 220.

The plaintiff (Farm Chemicals Limited) also informed the court that on March 8, 2021 it supplied Teren Cream Investments with goods valued at E46 400. Other goods were allegedly supplied on the same day, March 8, 2021, and March 15, 2021. The total amount of goods allegedly supplied by Farm Chemicals Limited to Teren Cream Investments was E329 726.82.
Farm Chemicals Limited submitted that the defendant, Teren Cream Investments, was in breach of the agreement. “The defendant has failed to make payment of the invoices in terms of the agreement and is, therefore, in material breach of the agreement between the parties. In this vein, the defendant is liable to the plaintiff in the amount of E329 726.82,” said Farm Chemicals Limited.

The plaintiff informed the court that it had cancelled its agreement with Shongwe’s company or the credit facility. It said it issued a letter of demand, however, the defendant allegedly failed or neglected to pay. Farm Chemicals Limited is represented by Waring Attorneys. Mathokoza Mbhamali of Mbhamali Attorneys appears on behalf of Teren Cream Investments, which filed a notice of intention to defend the summons. Nkonyane filed for divorce 14 days after Shongwe was granted bail. He had been arrested for shooting her several times. Shongwe pleaded with the court not to grant his wife a final decree of divorce and the other prayers she is seeking. The couple’s marriage had been marred by controversy and they had been in and out of court a number of times.

Marriage

In his plea Shongwe denied the assertion by his wife that during the course of their marriage he had been involved in extra marital affairs with different women. “However, it is the plaintiff (Jabulile) who has engaged in numerous adulterous relationships with several men whose full and further particulars are unknown to me,” he argued. He told the court that his wife had, however, openly committed adultery with Zwelithini Tsabedze, which eventually led him (Shongwe) obtaining a restraining order against the former. According to Shongwe, there was an order restraining and interdicted Tsabedze from communicating with Jabulile.

Shongwe further denied that on August 22, 2021, his wife found him with Hloniphile Ndzinisa inside their rented flat. “I have been a loyal and faithful husband to the plaintiff, however, four months ago, without any reason, she decided to leave our marital home,” alleged Shongwe. According to Nkonyane, the intervention of family members did not assist her husband to change his ways. Jabulile also claimed that during the subsistence of their marriage, Shongwe had been involved in extra marital affairs with different women. She alleged that her cousin, Hloniphile Ndzinisa, confessed to the adulterous relationship with Shongwe. She also told the court that her husband was allegedly renting a flat for Hloniphile at Madonsa.

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