WIDOW: I GOT ONLY E50K FROM HUBBY’S E1M ESTATE

MBABANE – In an estate of over E1 million, the widow of a former employee of RSSC, now RES Corporation, says she received only E50 000.

Assets in the estate of Martin Ndzinisa, who died in a motor vehicle accident on July 24, 2001, were a plot in Siteki, a car and cash in various bank accounts. The widow, Phindile Dlamini, told the Judicial Commission of Inquiry yesterday that Ndzinisa’s former employer deposited a cheque of E875 000 to the Master’s Office. Assistant Master Isaac Dlamini, according to Phindile, returned the money to RES Corporation. She alleged that the money was then transferred to her attorney, Siboniso Clement Dlamini.

Neutral

Lawyer Mzamo Nxumalo, the other lawyer who was appointed by the master as a neutral executor and died in 2005, allegedly received E135 000, which was not unaccounted for. Phindile told the commission that despite these sums of money received by the executors, she received only E50 000 from the estate to date.

“In the end, the E875 000 was paid to Siboniso. Isaac (Dlamini) wrote to the bank for the money to be received by Siboniso but to date we don’t know what happened to the money. “I did not see eye to eye with Siboniso and within three months, I realised that udlala ngami. I don’t know how much my husband had in the bank. From the E875 000, he (Siboniso) gave me E50 000. I never got the E875 000 and the 135 000,” said Phindile.

According to Phindile, the E50 000 she said she received from the estate included E30 800, which was interest that the law society had ordered Sibiniso to pay when it was discovered that he received compensation from the Sincephetelo Motor Vehicle Accidents Fund (SMVAF), after Ndzinisa died from the car accident, and allegedly kept it to himself for sometime.

The SMVAF compensation, according to the master, does not form part of the estate. Phindile stated that she did not think that the E875 000 was with the master, because it was allegedly given to Siboniso. Phindile said Ndzinisa married her in terms of Eswatini Law and Custom. Due to certain issues in the family, the master resolved to appoint a neutral person as the executor. Nxumalo was appointed and Phindile, together with her lawyer, Siboniso, filed a court application for his removal. Acting Assistant Master Nkanyezi Xulu said it was not clear what the outcome of the court case was.

Appointment

He said Siboniso was appointed as the co-executor with Nxumalo. She said there were no minutes of the appointment of Siboniso. According to Phindile, in September 2001, she was advised by one of her husband’s relatives to go to the Master’s Office and she discovered that Nxumalo had been appointed as a neutral person and requested Siboniso to remove him.

Phindile said the family met at the Master’s Office in 2019 and there were issues with her in-laws. She told the commission that there was a request to sell the plot in Siteki and her contributions during the meeting were allegedly not considered and some were not recorded in the minutes.

“The child I said did not belong to my husband was in South Africa and he didn’t attend the meeting. He did not want to be the executrix. The master did not tell me why I should not be the executrix. I told the assistant master that the family wouldn’t appoint me, because they had accused me of killing my husband and kicked me out,” said Phindile.

According to Phindile, she came to the Mbabane office to complain to the Master, Phumzile Thomo, that she was not treated fairly in Siteki. She said she wrote to the minister and complained about the treatment she allegedly received at the Master’s Office.

Phindile also mentioned that she also approached the chief justice (CJ), who directed that the assistant master, Xolile Nkambule, should not deal with the estate file and that it must be handled by Deputy Master Lindelwa Magagula. She alleged that the directive was not complied with.

However, Nkambule told the commission that they complied with the directive. She said for over six months nothing happened since government was facing financial challenges and the deputy master was unable to travel to Siteki to work on the file during that period. Nkambule said it was until Thomo came to Siteki and they held a meeting. She said after the meeting, she enquired from Thomo if the file would be taken to Mbabane.

“I asked the master who would sign for what had been done in the file and the master said there would be no problem if I signed because that was the only thing left to do. I signed and that doesn’t mean that I disrespected the CJ. The documents I signed were for the release of some funds and the transfer of the plot to the buyer,” said Nkambule.

A paternity test, according to Phindile, was not conducted on the child in question. She alleged that the plot was sold for E300 000 and it was not included in the distribution account.  She said when she enquired at the Deeds Department how much the plot was sold for, she was allegedly informed that it was sold for E300 000 and she asked why the E40 000 was charged for costs.

She said the master told her that she would investigate and came back to say the plot was sold for E300 000. Phindile said she had also been to Nkhanini to see the King about the matter for purposes of appealing. She alleged that the council she appeared before directed that she be paid but they purportedly reneged on their decision.

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