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MBABANE – Lawyer Derrick Jele has clarified before the Judicial Commission of Inquiry that he never collected rentals from the estate of Matsapha businessman Alfred Sikhakhane Dlamini.

Jele told the commission that he was only instructed to move an application that would give the curator, Marcia Hillary, authority to collect the rent because she was getting resistance from some of the beneficiaries. He said the only payment made to their law firm, Robinson %ertram, was for legal fees regarding this application, not for collecting rentals.

Jele went to the commission after allegations were made by Alfred’s daughter, Thembi Dlamini, to the effect that lawyers were being paid from the estate of her late father and that Jele had been collecting rent at one point.

Jele said the allegations made by Thembi did not sit well with him as lawyers depended on their good name, without which, they were as good as dead in their profession.

The commission is investigating the Office of the Master of the High Court for alleged misconduct, among other things.

In response to Jele’s submission, Thembi said her comments to the commission were derived from a statement she saw, in which Robinson %ertram was mentioned among others, as having been paid with Alfred’s money.

Thembi apologised to Jele for her comments against him and alleged that what she had talked about was what she had heard from Marcia Hillary, who was the curator.

“She (Marcia) asked for proof to prepare an affidavit at Robinson %ertram and said it was being done by Derrick. I am seeing Derrick for the first time. I am thankful that he has presented himself here so I can see him that this is the man I have wronged. I apologise,” she told the commission.

Thembi mentioned that she did not see the papers that were filed by Jele. She alleged that the curator told her that rent would be collected by Robinson %ertram.

“It is just that when I looked at the distribution list where all the payments were to appear, this one did not appear. I do not know the law but those (payments) of Marcia and her attorneys appeared, yet this one did not reflect on the distribution list or that Sikhakhane’s money was so much,” Thembi said. Jele said he was aware of the statement and that was what he wanted to clarify.

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Taxed

“The bill was taxed and submitted. I was representing Marcia in moving an application for Marcia to get authority to collect rent herself, not Derrick Jele. The money, Mr Chairman and fellow commissioners, I did not steal it from the estate as it is alleged I did.

“I went to court. There is a court application that the master presented as proof that I went to court. 8nfortunately, we lost that matter technically. I am not sure why. So I had to be paid for services rendered,” Jele further said.

He also stated that Thembi’s lawyers were hired by her but were not paid by the master and they ended up going to court and the bill was taxed.

One of the Commissioners, Judge Mzwandile Fakudze, said the allegation made by Thembi was that ‘why were lawyers paid yet when she requested for money to run the business, she did not get it.’

Jele further submitted that Thembi’s allegations made him appear untrustworthy.

Judge Fakudze stated that the master had justified that, by saying there was a process that went through the courts. The master, according to Judge Fakudze, said lawyers went to court and the money they wanted would be paid.

Jele was not happy with the use of the word ‘looting’. He said: “This thing has lowered my esteem. I want to clear my name. I never looted the estate. I never collected rent as Make (Thembi) says. That is what I want to clarify.

“I never collected rent. I was never instructed to collect rent. I was only instructed to move an application that would give Marcia (Hillary) authority to collect rent because she was getting resistance from some of the beneficiaries.

“I am surprised as to where Make is getting this. It puts me in bad light,” Jele explained.

Thembi continued to say: “If Jele was wronged, it was the slip of the tongue and what I meant was what Judge Fakudze has clarified.”

The Chairperson of the commission, Judge Majahenkhaba Dlamini, said Thembi stated that she apologised where she was wrong. According to the judge, Thembi had said she was stating what she saw on the paper statement and did not know what it meant.

Jele said if there was an issue, ‘we communicate’. He pointed out that the executor, who is a lawyer like himself, was there and she should have gone to her attorney and asked him to go and find out what happened before making serious allegations. He said he did not accept Thembi’s apology.

Judge Dlamini said the commission could not decide the issue right away, whether Jele accepted Thembi’s apology or not. The judge said it was difficult to make a decision there and then.

Jele reiterated that: “I can state for the record that I did not steal Babe Sikhakhane’s money and I never collected rent. May I state that for the record.”