No money due to late surveyor’s wife – associate
MBABANE – One of the shareholders of Manyatsi Nhleko Quantity Surveyors (Pty) Ltd says his late colleague was not owed the millions of Emalangeni which are demanded by his wife and daughter.
Jabulani Mngometulu, a shareholder at Manyatsi Nhleko Quantity Surveyors (Pty) Ltd, was responding to the application that has been filed by the late David Sihlangu Manyatsi’s wife, Nandi Nhlanhla Manyatsi and his daughter, Bahlebenguni Manyatsi.
The two are demanding payment of E4 695 402.56 from David’s former business associate, Zachariah Msongelwa Nhleko.
They are also seeking an order directing that Jabulani Elton Mngometulu be removed as executor of David’s estate.
The applicants (Nandi and Bahlebenguni) also want the High Court to declare the letters of administration granted to Mngometulu on September 17, 2020, including all subsequent letters of administration and certificates of extension, to be revoked.
The duo further prayed that the court should declare as forfeited all benefits, fees and disbursement due to Mngometulu in his capacity as the executor.
Master
Respondents in the matter are Nhleko, who has been cited as theActing Managing Director of Manyatsi Nhleko Quantity Surveyors, Mngometulu and the master of the High Court.
Nandi alleged that the sum of E4 695 402.56 was allegedly paid by David to Nhleko in terms of a sale of shares agreement concluded between the two on December 24, 2019. Mngometulu denied that David paid that amount.
In the answering papers, Mngometulu disputed that there was any money due and owing to Nandi and Bahlebenguni, whom he said had failed to demonstrate their right to bring the application to court.
“On one hand, the applicants claim they, or the late David Manyatsi, paid an amount of E4 695 405.56 while on the other hand the first respondent (Nhleko) denies ever receiving such an amount from the late David Sihlangu Manyatsi,” said Mngometulu.
He submitted that Nandi and Bahlebenguni did not disclose vital information for the court to reach a fair decision. The veracity of these allegations is still to be tested in court. Nhleko and Mngometulu are represented by Banele Gamedze of Musa M. Sibandze Attorneys.
Mngometulu alleged that the pair intentionally concealed that after the death of David, there was a meeting relating to the affairs of the company.
He said Nandi and Bahlebenguni attended the meeting with their attorney, Setsabile Matsebula, and the Chief Executive Officer of Kobla Quashie (KQ) Consulting (Pty) Ltd, Daniel Bediako, among others.
According to Mngometulu, during the meeting, Bediako, out of transparency, placed before everyone that the total value of the shares of Manyatsi Nhleko Quantity Surveyors was E22 266 356. He included other subsidiary companies and the total value rose to E26 428 112.
Since Nhleko and David held 50 per cent shares each, according to Mngometulu, the amount of E26 428 112 was divided into two and each of them received E13 214 056.He said it was explained to the parties that Nhleko and David had loans from the company, which had been allegedly deducted from what was due to them.
Mngometulu alleged that David had a loan of E2 571 560 while Nhleko’s loan was for the amount of E5 374 282.
“May I place it on record that the amount of E5 374 282 also included E4 695 405.56.
These amounts were deducted and received by Manyatsi Nhleko Quantity Surveyors (Pty) Ltd.
“After the deduction of the loans from the first respondent’s (Nhleko) share and the late David Sihlangu Manyatsi, they then received E7 839 774 (Nhleko) and E10 642 496 (David). The above clearly demonstrates that there is no money due and owing to the applicants, who in any event have failed to demonstrate locu standi (a right to appear in a court),” said Mngometulu.
Backseat
He also stated that there was hostility between himself and the applicants, as a result of which he decided to take a backseat and allow them (Nandi and Bahlebenguni) to conduct the affairs of David’s estate. Mngometulu submitted that he voiced out his concerns through the master of the High Court in Manzini.
“I was nominated through a Will, however, I did not even fetch my letters of administration and this was based on the fact that the applicants were sidelining me and only wanted me to rubberstamp whatever decision they had taken,” Mngometulu alleged.
He denied that he acted dishonestly in any way and his shareholding happened after every payment due to the beneficiaries of the estate. He alleged that he even refused the executor’s fees ‘and indicated that the hostility has the potential of having things blown out of proportion’.
“My fears were correct as today I am finding myself before court having to answer to these unfounded allegations. I have always maintained that I was being sidelined and I did not want to be seen to be clouding issues,” said Mngometulu.
He told the court that he did not dispute the sale of the shares agreement, which was signed by Nhleko and David. He said he was allegedly made aware of the agreement by Nhleko and he was in possession of it.
According to Mngometulu, it was clear that the amount received was from Manyatsi Nhleko Quantity Surveyors and was not paid by David in his personal capacity.
“In fact, there is no evidence that the monies were due to the late David Sihlangu Manyatsi and such conduct can be viewed as dishonesty.”
Neutral
He further submitted that he had been accused of a number of wrongs and colluding with Nhleko, but he decided to be neutral. He said there was no basis upon which he should be removed as an executor. The executor informed the court that the applicants wanted to tarnish his name and they had not placed before court his alleged misconduct.
“I have already demonstrated that there is no basis upon which that money can be paid and the applicants were present in a meeting clearly outlining how the money was paid by Manyatsi Nhleko Quantity Surveyors to the first respondent (Nhleko) and how it was paid back by the first respondent,” submitted Mngometulu.
Meanwhile, Nandi told the court that on December 25, 2020, after her husband’s passing, Nhleko allegedly addressed a letter to the executors of the estate, giving them notice that he had cancelled the agreement.
“By this time, my late husband had already made payments in terms of the agreement amounting to E4 695 402.56. Notwithstanding the cancellation by Nhleko and despite demand, he has to date failed to return this sum to my late husband’s estate,” contended the wife.
The matter is pending in court and appearing for the applicants is Mlungisi Khumalo of Khumalo Attorneys.