MASTER REJECTS EX-EBIS DIRECTOR’S E2.1M WILL

MBABANE - A WhatsApp message and an unsigned will, purportedly from the late former EBIS Director, Welile Dlamini, has been rejected by the Master of the High Court.

The former director of Eswatini Broadcasting and Information Services (EBIS) left an estate valued at E2.1 million, comprising cash and assets. According to the WhatsApp message and unsigned will, Welile bequeathed most of his assets to his nephew, Philakwezwe Khumalo.The estate includes a three-bedroom house at Woodlands, Mbabane, a total of E180 000 in various bank accounts, and a car. The exact value of the estate is E2 175 623.

The WhatsApp message was allegedly written by Welile on October 16, 2024, eight days before his demise on August 24, 2024. Khumalo has since approached the High Court, seeking an order declaring the alleged last will and testament of Welile to be valid. He further implores the court to direct that Welile died testate.Testate succession occurs when a person dies with a valid will in place. Khumalo also wants the court to direct the master of the High Court to accept Welile’s alleged last will and testament. Additionally, he wants the High Court to direct that the purported will, stored in Welile's cellphone storage memory, be considered as corroborative evidence.

However, Khumalo's application faces resistance from the office of the master of the High Court, represented by lawyers from the Attorney General's Chambers. The Master's Office is yet to file its papers outlining its reasons for opposing the requested orders. In his application, Khumalo informed the court that his late uncle, Welile, was the son of the late Abel Boiling Dlamini and Make LaZulu.He stated that Welile was the youngest of four siblings. According to Khumalo, Welile's parents and siblings passed away several years ago.

Khumalo pointed out that his uncle was disabled, paralysed for most of his life, and relied on a wheelchair for mobility. "I lived with my uncle, taking care of him, considering his confinement to a wheelchair. Needless to say, he required constant attention and medical care due to his ill-health," Khumalo submitted. He further contended that his uncle, being elderly and disabled, needed constant assistance. Khumalo described himself as his uncle's nephew and right-hand man for a long time.

The applicant mentioned that his late uncle's estate was reported to the master of the High Court. According to Khumalo, during his lifetime, his uncle prepared a last will and testament outlining how his estate should be distributed.The master of the High Court rejected the will on the grounds that it did not comply with the requirements of the Wills Act of 1932 and advised Khumalo to seek a declaratory order from the High Court.Khumalo claimed that his uncle executed the will on August 5, 2024, before lawyer Mlungisi Khumalo.

He contended that, according to the Wills Act, the only omission that led to the master's rejection was the testator's failure to sign each page of the will in the presence of two competent witnesses. "I wish to state that my uncle Welile passed away without signing the Will. Attorney Mlungisi Khumalo attested to this, stating that the testator intended to sign the will at a later stage," he argued. In the disputed Will, Welile allegedly instructed the executor to sell some of his assets, pay off a housing loan with Swaziland Building Society, terminate his funeral cover premium, and cancel his motor vehicle policy with Eswatini Royal Insurance Corporation.

The unsigned will also allegedly directed the executor to withdraw E60 000 from one of his bank accounts to build three low-cost houses (rondavels) for his late brother's three sons at Nginamadvolo Royal Kraal, allocating E20 000 per house.Welile allegedly stated that this was his way of encouraging them to return home and develop the area. He further instructed the executor not to give the sons money but to build the structures for them, emphasising that they would forfeit the money if they refused.

According to the purported will, Welile stated that Prince Thumbumuzi paid E1 000 monthly for his DSTV subscription in South Africa. He directed that the prince should continue to receive E1 000 monthly from his estate as a form of repayment. Welile also thanked Machawe Edgar Mavuso, whom he considered a friend since high school and a constant source of support. The matter is pending before Judge Mumcy Dlamini.

MBABANE - In the unsigned, disputed will, the late former EBIS Director Welile Dlamini allegedly named his nephew, Philakwezwe Khumalo, as the executor and inheritor of his estate.

In the purported will, which is attached to the court documents filed by Khumalo against the master of the High Court, Dlamini allegedly wrote:

"I nominate and appoint Philakwezwe Khumalo to be the executor and inheritor of my estate as a token of appreciation for looking after me while I was alive. My family abandoned me when I needed them most after an operation that left me confined to a wheelchair due to the negligence of doctors at Chris Hani Baragwanath Hospital in South Africa."

The impugned will also highlights Khumalo's role as a companion, particularly in sharing Dlamini's passion for music.

It states: "Khumalo, a music lover, drove me to Johannesburg on numerous occasions to attend music shows by various artists, including Brian Culbertson, the O'Jays, Earl Klugh, Fourplay, Bebe and Cece Winans, Gladys Knight, Hugh Masekela, and Salif Keita."

The will concludes with a heartfelt message:"Khumalo, please continue to look after the vulnerable members of society. May the Lord God Almighty bless you abundantly."

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