Times of Eswatini

Ex-Bambanani shareholde­rs case removed from High Court

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MBABANE – The applicatio­n in which former shareholde­rs of Bambanani Balimi Farmers Limited were accused of defying a royal command has been removed from the High Court.

7he removal of the applicatio­n to, among other things, free]e bank ac counts of %ambanani %alimi held with 6tandard %ank and 1edbank was due to lack of Murisdicti­on by the +igh &ourt to deal with the matter.

7he +igh &ourt¶s Murisdicti­on was ousted by a royal command contained in an affidavit that was filed by the attorney general A* .

7he royal command, according to the A*¶s affidavit, stated that any dispute that was arising out of any activities pertaining to all associatio­ns carrying out farming on )arm at +lane in the /ubombo 5egion shall be dealt with by the +lane 5oyal 5esidence &ouncil.

Instituted

7he court proceeding­s had been instituted by the &hairperson of the %oard of 'irectors of %ambanani %alimi, Alle[inah Zikalala, 6iphiwe 'lamini 6ecretary and /indiwe 0ethula 7reasurer . 7his was after unauthoris­ed elections were held and some former shareholde­rs were allegedly elected.

According to Zikalala, this happened after the Ingwenyama had issued a command that only people under &hief +adane 0agagula were to be shareholde­rs in the farmers associ ations carrying our business on the farm.

Zikalala said the royal command also stated that the membership to the associatio­ns of everyone else was to be terminated with immediate effect.

1otwithsta­nding the royal com mand, Zikalala stated that 5ichard 1gwenya, 9usi 0abu]a and %usisiwe %hembe, who are all not residents under &hief +adane 0agagula and are some of the respondent­s in the matter, were allegedly elected into a purported %oard of 'irectors for %ambanani %alimi.

%ambanani %alimi was allocated a portion of land on )arm at +lane in the /ubombo 5egion, to grow sugar cane. 7he farm belongs to the .ing.

Command

Zikalala, 'lamini and 0ethula, who alleged to have been appointed by the +lane 5oyal 5esidence &ouncil on the strength of the royal command by .ing 0swati III, wanted the court to order that the bank accounts of %ambanani %alimi held with 6tandard %ank and 1edbank be fro]en until the present proceeding­s are finalised.

7he applicants also wanted the court to declare their removal from being signatorie­s in the bank accounts of %ambanani %alimi )armers Associ ation, held with the 6tandard %ank, to be null and void and of no effect.

7hey further applied that the court declared that signatorie­s in the ac counts of %ambanani %alimi held with the 6tandard %ank (swatini /imited and 1edbank shall continue to be Zikalala, 'lamini and 0ethula as per the royal command issued by the Ingwenyama, as communicat­ed to all shareholde­rs of the farmers associatio­n by the &hairperson of +lane 5oyal 5esidence &ouncil, *adla 7fwala.

dividends

Zikalala told the court that there was an instance when %ambanani %alimi began to be bombarded with numer ous applicatio­ns where the former shareholde­rs came to court seeking to be paid dividends that had been paid to the shareholde­rs who had remained.

³6ome of the individual­s sought to be elected or appointed to the %oard of %ambanani. 7he new challenges were again communicat­ed to the Ingwenyama during the 0aganu &eremony for the year at +lane 5oyal 5esidence.´

Zikalala submitted that the Ingwen yama reiterated his earlier command and further directed that no court process shall be filed against any of the companies operating on )arm . +e told the court that the attorney gen eral, in his presence, was instructed to ensure that there was compliance with the royal command.

Respondent­s

6he stated that on April , , µsome purported elections were held at .a.huphuka /ight of &hrist &hurch. 7he purported elections were meant to elect a %oard of 'irectors of %am banani. 7he respondent­s µ3urported %oard¶ were elected¶.

Zikalala told the court that the elec tion of the µpurported %oard¶ was an e[ercise in futility due to the fact that, in this kingdom, no one is competent or has the capacity to go against a royal command issued by the Ingwen yama in his capacity as the Ingwen yama of ema6wati.

6he said there could not be any election of a %oard of %ambanani until such time that the Ingwenyama issued another royal command that such could be done.

7his matter, according to Zikalala, sought to have certain individual­s who were purportedl­y elected to be part of the %oard of 'irectors ([ecutive &ommittee of %ambanani %alimi to be removed from the list of nominated or authorised persons to transact on behalf of the farmers associatio­n, on its 6tandard %ank and 1edbank accounts.

6he said these individual­s were once shareholde­rs in %ambanani %alimi but were removed from being sharehold ers, pursuant to the royal command issued by the Ingwenyama.

Narrated

In her affidavit, Zikalala narrated that at +lane, which is in the east of the country, there is )arm , /ubombo 5egion. 6he said this farm belongs to the Ingwenyama.

In , said Zikalala, residents of +lane sought, and were granted, an audience with the Ingwenyama and reTuested to use a portion of the farm to cultivate sugar cane for commercial purposes.

Zikalala submitted that the (urope an 8nion (8 had a market for any sugar that could be produced through the sugar cane farming that was to be undertaken at +lane and it pleased the .ing that the residents would better their lives through sugar cane farming.

According to Zikalala, the Ingwen yama instructed the +lane 5oyal &ouncil and (swatini 6ugar Associa tion to assist the residents of +lane to commence sugar cane farming.

+uman 5ights /awyer 6ipho *umed]e represente­d the applicants. 7he matter was before -udge .hon taphi 0an]ini.

 ?? ??
 ?? (Pic: Internet) ?? The applicatio­n filed by members of the Board of Bambanani Balimi Farmers Limited has been removed from the High Court.
(Pic: Internet) The applicatio­n filed by members of the Board of Bambanani Balimi Farmers Limited has been removed from the High Court.
 ?? (Courtesy pic) ?? Minister of Economic Planning and Developmen­t Dr Tambo Gina (L) and the UN Resident Coordinato­r George Wachira.
(Courtesy pic) Minister of Economic Planning and Developmen­t Dr Tambo Gina (L) and the UN Resident Coordinato­r George Wachira.

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