Siblings told dad’s Will cannot be enforced
MBABANE – Siblings of a deceased man, whose properties were contributed to Mchalageni Development Company together with about 42 others, are faced with a dilemma.
This is because Mphikwa Dlamini’s Will, which includes some of the plots, cannot be enforced since the properties are now registered in the name of his son and executor of his estate, Mefika Dlamini. The Office of the Master of the High Court, according to Manzini Assistant Master Ziphozonke Fakudze, established that legally, the properties were not in the contributors’ names but under Mchalageni.
This transpired yesterday during the appearance of Mphikwa’s daughters Bongiwe Dlamini and Philile Dlamini as well as their nephew, who represented his deceased mother, Simphiwe Ndzinisa before the Judicial Commission of Inquiry. They said they had travelled from Johannesburg to appear before the commission.
Nominated
Mphikwa died on July 6, 2013. Their mother died on November 2, 2021. Their father’s estate was not reported to the Master’s Office until 2022, after their mother’s estate had been reported. The siblings said their father, in his Will, the copies of which he had shared with his children, nominated their brother, Mefika, to be the executor.
Mefika allegedly told his siblings that their mother’s file at the Master’s Office was opened and later closed and this raised many questions among them. She said the master did not know if their father had assets.
Bongiwe said they went to the Master’s Office in Manzini to enquire if the file was indeed opened and closed and the master confirmed it.
She told the commission that they wondered how and made an appointment with the master. She alleged that Mefika did not communicate with them.
Bongiwe stated that in 2019, their brother, who is also the executor, mentioned something about selling land.
This, according to Bongiwe surprised them because their father had taken care of that in his Will, where he stated that only his children were to benefit from his properties. There are four of them. The Will was signed on January 21, 2009.
Philile said they went to the master in January 2022 to open their father’s file and made an appointment to meet the master in June 2022.
She said their brother did not attend at first and when he eventually did, the master and their lawyer asked why he didn’t open the file since he was the executor and was asked if he went to the Times of Eswatini to place an advertisement, he responded by saying he had not done so.
Philile said Mefika told them about their parents’ land that was to be sold. She said they were shocked and suspected foul play. Philile said the land was at Sibonelo Township in Ngwenya.
According to Philile, Mefika was the Chairman of the Board and he told them that plots were being sold.
Interjected
Bongiwe interjected and said they were not shown the land that was being sold. “We were not told the size of the land. We would not have fought as much. What upsets me is that now we are being made to pay for rates for land we know nothing about,” said Bongiwe.
She submitted that the officers at Ngwenya Town Board were sympathetic and at times they could tell that they knew something but were not saying much. Bongiwe said their brother showed them a plot which he had given to their sister-in-law for helping out when their mother was sick, despite that the Will stated that only Mphikwa’s children were to benefit.
She further informed the commission that they were aware that their father, during his lifetime, received shared dividends from the Galp Filling Station and he always told them how much he was getting.
“Ever since he died, we don’t know what is happening. We tried to ask Mefika and the response we got was that after make died, and COVID-19 hit, it was difficult to get fuel.
“We are not being told the truth. I asked him about a block of police flats and how it was built, where it is and if there was some agreement but he did not come out clear on what happened,” said Bongiwe. She further said: “There is KFC there and we don’t know the agreement with KFC. He (Mefika) is representing us because we live far away and we prepared affidavits for that. He should have reported to us about the terms of the agreement.
Borrow
“There is a shopping mall there as well. He told us about the mall but we don’t know what else is happening. He told us that for the infrastructure, he approached the bank to borrow money. He chooses what to share and what to keep from us.”
The veracity of these allegations is still to be tested by the commission. Some of the individuals and/or representatives of the entities might be summoned to appear before the commission.
Judge Maxine Langwenya asked if they were afraid of their brother. “We need to know where the problem is and if the master features?” Philile alleged that their brother did not speak to them since they opened the file at the Master’s Office in January 2022. She said Mefika allegedly became angry with them for agreeing to sign a sale agreement only to change their minds and he stopped communicating with them.
Bongiwe said sometimes they suspect that something is wrong. She told the commission that Mefika allegedly sold a plot and said each of them was supposed to sign for, and receive E60 000.
Philile said they wanted to know how much the plot was valued because it was commercial land.