Rulings in Phakama estate

ument on it had a commissioner of oaths’ statement which was not signed by Sarah, and it identified her as a ‘major spinster’, meaning that she was unmarried.

Emmanuel also said there was a Deed of Transfer No. 220/2002, registered on May 24, 2002. This was Portion 17 (a portion of Portion 3) of Farm No. 286, situated in the Manzini Region held under Deed of Transfer No. 240/1996, registered on July 5, 1996, transferred to Phakama Investments for E60 000 was allegedly then transferred under this Deed of Transfer to Sigwaca Holdings for E65 000.

Sarah, said Emmanuel, in the Deeds document, was cited as the Director of Phakama Investments (PTY) LTD, purportedly by virtue of a resolution passed at a meeting of the Board of directors held at Malkerns on February 5, 2002.

However, Emmanuel said Sarah had no share certificate from Phakama Investments and did not sign the statement of resolution, as well there was no letter of consent. The third is a Deed of Transfer No. 219/2002; Portion 21 ( a portion of Portion 4) of Farm Dalriach in Mbabane, which was allegedly transferred by virtue of a power of attorney purported to be granted Richard for his property to be transferred to Sigwaca Holdings. Emmanuel submitted that they did not find the power of attorney in the document.

Resolution

“The late Mr RT Dlamini was married in community of property with the late Mrs SB Dlamini, who both are said to have had shares in Sigwaca Holdings, but there is no resolution or letters of consent.” Even though the assistant master of the High Court had conversation with the directors, the ruling did not mention their names and there is no proof that they are the directors and shareholders of Phakama Investments and Sigwaca Holdings.

“Some properties were purchased by Phakama Investments and later bought by Sigwaca and then Luvuno. We also found controversial transactions between Phakama Investments and Mgewu and we don’t know what was being paid for.

He also made an example of Sigwaca, which he said could not be sold because it is not Richard’s name despite that he was said to be a 50 per cent shareholder, Muzi held 30 per cent shares and Sarah 20 shares. Emmanuel also said Phakama Investments was registered during the lifetime of their parents and Phakama Investments was written on the buses instead of Phakama Bus Services.

He said they could not engage attorneys because it would be costly for them to take the legal route.

(File pic) (L-R) Judge President Sifiso Nsibande, Judge Mzwandile Fakudze, Judge Majahenkhaba Dlamini (Chairperson), Judge Maxine Langwenya and Judge Lorraine Hlophe.