Children dispute 4th wife’s marriage to late Chief Mnikwa
MBABANE – Children cannot be witnesses to whether a woman is married to their father or not.
The Chairperson of the Judicial Commission of Inquiry that is investigating allegations of wrongdoing in the Office of the Master of the High Court, Judge Majahenkhaba Dlamini, made this statement yesterday during a sitting of the commission.
Nomsa Dlamini said some children of Chief Mnikwa of Hhelehhele in northern Hhohho disputed that she was married to their father and she is afraid that they may harm her.
She stated that she was the fourth wife of the chief. Chief Mnikwa died in 2018. Nomsa said she was married to the chief in terms of Eswatini Law and Customs on October 27, 2010.
During her appearance before the commission, together with Phumlile Magagula, she narrated that she went to the Master’s Office last year and found that the estate file had already been opened.
She said before the chief died, there was almost chaos in his residence and she called the police. Nomsa, who had no children with the chief, said the chief sent the indvuna to take her home due to the situation.
She submitted that the indvuna did as instructed and he took her to her homestead, because some of the children intended to harm her. She told the commission that the chief died less than a week later after she was sent home.
Her concern was that when she went to the Master’s Office, she discovered that the estate file had been opened and was unaware of what else might have happened there.
According to Nomsa, she was informed by an assistant master in Pigg’s Peak that her husband’s children had been to the Master’s Office and they wanted some money.
The assistant master who received her told her that one her husband’s sons had just left the office when she arrived. Nomsa said she suspected that the chief’s children, who went to the Master’s Office, might have told the master behind her back that she was kicked out of the chief’s residence or that she killed her husband and they should not assist her.
According to Nomsa, the chief’s first wife died and they were married in terms of civil rites. She alleged that at the Master’s Office, she was told that she would be called but that did not happen. The last time she went to the Master’s Office, she alleged, she was told that she would be called and she wondered when that would happen.
When asked what property was owned by
the chief, Nomsa said she was not aware and his relatives would know. Judge Lorraine Hlophe wondered how she was not aware of the chief’s property yet she stayed with him for eight years.
Pigg’s Peak Assistant Master Phinda Dlamini told the commission that the estate file was opened on July 21, 2022, and on the death notice, it was stated that the chief was survived by two wives.
Nomsa, according to Phinda, was not mentioned as a wife to the deceased by the chief’s son, who reported the death. According to the inventory, the chief had cash amounting to E8 000 at First National Bank (FNB) only. He said they wrote to the bank asking for a statement and the amount was more or less E8 000.
“We declared it as a small estate since its value was less than E10 000 and told the family to decide what to do with the money,” said Phinda.
He said the family members came back with affidavits and the children of the two wives, who were mentioned to the master, had agreed that the money should be shared by their mothers. They referred to them as the first and second wives.
Phinda said a few days after that, Nomsa arrived at the Master’s Office and introduced herself.
He stated that the eldest son Nomsa was referring to was at the Master’s Office to submit the affidavits confirming that their mothers should share the amount of E8 000. Nomsa, according to the assistant master, said she was afraid of the chief’s sons. Phinda also pointed out that Nomsa had a marriage certificate. According to the marriage certificate, she was married as the fourth wife.
“We told her that we didn’t know that she existed. We told her that it was not for us to test the validity of a marriage. We called those who had reported the chief’s death and told them about Nomsa.
“We mentioned to them that according to the certificate, Nomsa was a wife. We also told them that since there is this certificate, their affidavits could not be used and they never came back,” said Phinda.
He also told the commission that the chief’s sons said they were still to deliberate on Nomsa’s issue and they indicated that they did not know her.
Phinda submitted that the money was still in the bank account and it had not been distributed.
“The money will remain in the bank account until they come to tell us how they want it to be distributed. We gave them timelines and called them after they didn’t meet the timelines,” Phinda added.
Judge Dlamini told the assistant master to write and tell them that if they did not bring evidence that she was not a wife to the chief, the master would take certain steps and they would do something about the issue. The judge said Nomsa was justified to want to understand what was happening.
“Children cannot witness that she is not married to their father when the elders are there,” said the judge.
Nomsa said it was confusing that the issue of her marriage or otherwise to the chief was raised by his children, yet the chief was a person of high standing in society. Judge Dlamini said by not having children with the chief, it did not mean that she was not a wife based on that. Master of the High Court Phumzile Thomo told the commission that the Master’s Office would engage the elders at the chief’s residence and get to the bottom of the matter.