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MBABANE – Supreme Court Judge Phesheya Dlamini has been delegated as the senior judge to empanel the bench to hear an appeal and review in matters emanating from the Tonkwane Farm court cases.

-udge 'lamini was delegated to empanel the bench after &hief -ustice &- Bheki Maphalala was accused of seeing businessman :alter Bennett in his chambers on a pending court case the latter is inYolYed in.

2n Monday last week Bennett during his appearance before the -udicial &ommission of ,nquiry into affairs of the 2ffice of the Master of the +igh &ourt said µwhat is wrong with seeing the chief Mustice¶. The &- remoYed himself from participating in the matter where he was accused of discussing the pending matter with Bennett.

Shares

The matter in question is the one in which Bennett is seeking to set aside the sale of shares agreement and to interdict the transfer of Tonkwane )arm to anyone. The property consists of land measur ing hectares with a tree plan tation buildings and infrastructure situated at Tonkwane (state.

Bennett among other prayers wants the transfer of shares in respect of the sale of the farm to be stopped citing that he is entitled to one per cent of the shares.

The e[ecutor of the estate of 6loYeig &rabtree sold to '836 +oldings 3ty /td for ( mil lion. '836 +oldings proceeded to sell the farm to 3ublic 6erYice 3ensions )und 363) for ( million.

This matter was to be heard by -udge Titus Mlangeni. The other matter was for the remoYal of Alan Mc*regor from being the e[ecutor in the 6loYeig¶s estate. -udge Mlangeni granted the or der remoYing Mc*regor and de clared his wife 6onia Mc*regor as incompetent to replace him. Mc*regor is represented by Man galiso Magagula of Magagula and +lophe Attorney in this matter.

Alan and other beneficiaries filed an application to among other things set aside -udge Mlangeni¶s decision to allocate the application for the remoYal of the e[ecutor ahead of the matter to set aside the sale of Tonkwane )arm and the transfer of shares.

,n one of the letters addressed to the &- by Alan¶s attorneys Magagula and +lophe Attorneys dated 1oYember the &was informed that Alan required to apply to him &- for enrolment of the matter.

Litigation

+oweYer they could not apply to the &- giYen his alleged inYolYe ment with one of the litigants Bennett. ,t was stated in the letter that Maphalala met priYately with Bennett in the absence of other parties to the litigation in a pending matter.

“The priYate interactions be tween

“

application.

“:e are instructed by our cli ents to request

)ollow up letters were addressed to the &- and he has since remoYed himself from any participation in the matter.

Executor

of

,n the application to set aside -udge Mlangeni¶s decision to remoYe Alan from being the e[ ecutor and declaring his wife incompetent to be appointed in his place he Alan told the court that on )ebruary he was informed by his attorneys that they had learnt that Bennett was not happy that his matter had been allocated a hearing date and he had approached the &- priYately to complain about the allocation of his case. The alleged meeting between the &- according toAlan happened when Bennett¶s case had already been allocated March

as a date for a hearing.

“The meeting between :alter Bennett and the chief Mustice was to discuss the pending case. ,t was a priYate meeting to discuss a pending case in the absence of the other parties to the litigation.

“The applicants were not aware of what transpired in that meet ing and what was discussed and agreed between the chief Mustice and :alter Bennett regarding Bennett¶s case that had already been allocated a date for hearing ´ Alan told the court.

(File pic) Supreme Court Judge Phesheya Dlamini has empanelled the bench to hear the two Supreme Court matters after the chief jsutice removed himself from participating in the matters.