HOW WIDOW UNLAWFULLY REMOVED AS EXECUTRIX

MBABANE – In a shocking revelation, an assistant master of the High Court removed a widow as the executrix and beneficiary of her husband’s estate allegedly outside the confines of the law.

This transpired when the family of the late Alpheus Mthethwa appeared before the Judicial Commission of Inquiry yesterday. The unlawful removal of the widow as the executrix and a beneficiary resulted in 29 cattle, which formed part of the estate, being taken away from her and distributed among her three stepchildren, with approval from the Office of the Master of the High Court in Siteki.

Evidence presented before the commission pointed out that the Assistant Master of the High Court, Sigcibelo Magagula, removed the wife of the late Alpheus, who had been appointed by the family as the executrix of the estate.

Cattle

Narrating the events leading to her removal as executrix and beneficiary of the estate, Nqobile Mthethwa told the commission that she reported the estate, which had seven cattle and E4 000 to the Office of the Master of the High Court after the burial of her husband. At the time, she told the court that she knew her husband to have had three children, namely; Sibongile, Jabu and Sikhumbuzo. However, Sibongile is now deceased.

Nqobile submitted that she opened a file with the office of the Master of the High Court after which a family meeting was convened. She told the commission that she attended the meeting together with the late Sibongile and one of her brothers- in-law, where she was appointed the executrix of the estate.

Nqobile told the commission that she personally purchased three cattle with her own money. However, she told the commission that they were registered in the name of her husband as the head of the family. It was her evidence that the cattle had multiplied to seven when her husband died in 2017. She stated that trouble began after the advertisement of the estate in the local newspapers.

The widowed woman told the commission that she learnt that four children had approached the Office of the Master of the High Court, and registered their desire to have a share of their father’s estate. Surprisingly to her, she claimed that there was an additional child, whom she had never known of before. “Among the children were Jabu, Sibongile, Sikhumbuzo and Musa. I was not aware of Musa but I knew the trio as my husband’s children,” she said.

She told the commission that she received a call from the Master of the High Court Office, where she was attended to by Thembi, who informed her about the deceased’s children and their desire. She told the court that she denied knowledge of the children. After some time, Nqobile told the commission that she was called by Sigcibelo to the Master of the Court Offices.

Tampered

“I told Sigcibelo I was shocked after I discovered that the file had been tampered with after the children had shown their interest in the estate. I wondered how the file was tampered with without my knowledge. I reported to the Mthethwa family and they advised me to stop attending any of the meetings at the Master of the High Court Office,” she said.

It was Nqobile’s evidence that on one fateful day, Sigcibelo allegedly called and asked her if she could offer anything to him, without being specific. She told the commission that she met Sigcibelo on a Tuesday, where he advised her that she had a share of 50 per cent in the estate.

Nqobile submitted that Sigcibelo asked her if there were creditors and needs to be covered with part of the estate.
“It was during that meeting that I told Sigcibelo about a debt of my brother, who lent me money amounting to E20 000, to bury my husband. I also told him about the herd boy who had not been paid. I told Sigcibelo about an unfinished house,” she said. She stated that Sigcibelo asked her to count the cattle for distribution. At the time, she stated that the cattle had multiplied to 29.

Evidence

It was the widowed woman’s evidence that Sigcibelo then gave her a paper showing a distribution of the estate, which she claimed happened without her knowledge and consent. “I refused to sign the paper, which he then advised me to take home for a proper analysis. I was confused by page three as I went through the papers. She stated that the papers stated that the distribution took place in the presence of the children. I asked how the estate was distributed in my absence as the executrix,” she told the court.

Nqobile told the Court that she registered her concern with Make Thomo allegedly in Siteki. However, she submitted that she was not aware of any action taken by Thomo, if any. She stated that she then engaged her lawyer Mbhekwa Mthethwa, whom she requested to look for her file at the Master of the High Court Office. Nqobile told the commission that her lawyer informed her that Sigcibelo allegedly denied her access to the file.

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