Sihlongonyane’s father’s estate to be wound up
MBABANE – The estate of the late father of Senior Superintendent &lement Sihlongonyane is set to be wound up after 1 years, following years of litigation. This comes after the +igh &ourt dismissed an application by some of &lement’s relatives, who wanted the court to review and set aside the mas ter of the +igh &ourt’s decision to approve his late father’s estate’s first and final liquidation and distribution account.
The court also dismissed an appli cation for the substitution of Marcella Md]and]ane /angwenya nee Motsa and Thulie Sihlongonyane as the ap plicants. The judgment was delivered by Judge Justice Mavuso on Tuesday.
The respondents were awarded costs of suit on an ordinary scale. 5espondents in the matter were the master of the +igh &ourt, the estate of the late Minah 'andane /angwenya, (sther /angwenya nee 'vuba , 'er ricN Jele. Others were )aNud]e $ttor neys, &lement, Mongi /angwenya, the registrar of deeds and the attorney general.
LITIGATING
The litigating parties are survivors of the late Sibonangaye Mathombo Sihlongonyane, who died in June 200 . The process of winding up his estate could not be completed due to endless litigation between his survi vors.
$fter Sibonangaye’s death, his will, which he had authored on May 2 , 200 , was contested and the ap plicants, Marcella and Thulile, filed an application seeNing that the will be declared null and void. They also sought an order declaration that Sibo nangaye be declared to have died in testate not having made a will before death .
The court heard this application and Judge $gyemang granted the defend ants absolution from the instance.
DISMISSAL
$bsolution from the instance means the dismissal of a claim by the court because it could not maNe a decision in favour of one of the parties on the evidence.
One of Sibonangaye’s children then approached the court seeNing an order that the liquidation and distribution of Sibonangaye’s estate be stayed. The court was also called upon to order that the master’s decision, directing that the estate be liquidated and dis tributed in terms of the purported will, be reviewed and set aside.
The other prayer was that the liqui dation and distribution of the estate be stayed pending furnishing of the orig inal will said to have been prepared by Sibonangaye.
This matter was heard by the then 3rincipal Judge, Stanley Maphalala, now a Supreme &ourt judge, and dis missed it with costs. The applicant and others filed an appeal, which was also dismissed with costs.
Judge Mavuso said the meaning and effect of the judgment of the Supreme &ourt on the existence of the will said to have been authored by Sibonan gaye was that he had died testate and that his will was valid and effective.
LIQUIDATION
The judge said the decision of the Su preme &ourt should have put an end to the matter but it did not. $ccording to Judge Mavuso, instead of abiding by the judgment of the Supreme &ourt, which settled the root cause of the dis pute, or having it reviewed if they felt it created an injustice, the applicants approached the +igh &ourt again.
This time around the applicants wanted the court to review and set aside the master’s decision to approve the first and final liquidation and dis tribution account in respect of Sibo nangaye’s estate.
The applicants also sought an order declaring that the first applicant, Mar cella /angwenya, and Sibonangaye were in a tacit universal partnership.
They also sought a review and set ting aside of the master’s decision to appoint Minah 'andane /angwenya as the executrix of Sibonangaye’s es tate and the subsequent appointment of 'erricN Jele.
Their other prayers were to stay the transfer of all the immovable property of the estate as they appeared in the first and final distribution account, among other prayers.
Before the matter was finalised, in January 2021 Marcella, who was the first applicant, died without filing a replying affidavit. On July 21, 2021 Jele set the matter down for hearing on July 2 , 2021 and applied that the applicant’s main application be dis missed for non prosecution after a reasonable time and that they be or dered to pay costs.
After Sibonangaye’s death, his Will, which he had authored on May 26, 2006, was contested and the applicants filed an application, seeking that the will be declared null and void.
NON-PROSECUTION
The issue for determination, accord ing to the court, was whether or not the application should be dismissed for non prosecution within a reason able time.
The period for objecting to the liqui dation and distribution account lapsed sometime in $pril 201 .
The application for review sought to challenge the master’s approval of the first liquidation and distribution account made in terms of Sibonan gaye’s will and to challenge the deci sion to appoint Minah 'andane /ang wenya as the executrix of the estate.
Judge Mavuso said the applicants