HISTORICAL BACKGROUND
The estate of the late Aaron Maswazi Mamba was reported to the master of the High &ourt (Manzini) by Vuyisile Mittah Mamba on August 16, 2019.
The inventory reflects that the deceased had 119 one-room flats, one car, being a Toyota Fortuner registered OSD 333 %H, one bus, one kombi, nine permits, one truck, 11 head of cattle, two firearms, two bank accounts - one at First National %ank and another at and Standard %ank.
The death notice reflects that the deceased was married to Vuyisile Mittah Nzima in terms of civil rites and in community of property.
There are no children born of the marriage. The deceased had five children.
A next-of-kin meeting was held on August 20, 2019 for purposes of nominating an executor in terms of Section 24(1) of the Administration of Estate Act No.28 of 1902 (hereinafter referred to as the Act).
The beneficiaries filed an affidavit stating that after a family meeting they had agreed that Vuyisile had to be an executrix of the estate. She was thus appointed.
Vuyisile nominated Lawyer Mzwandile Sobandla Dlamini as the person who will be dealing with the estate on her behalf and the master received a power of attorney from her.
On March 3, 2020 the master received a correspondence from M.S. Dlamini Legal, challenging and requesting a paternity test to be conducted in respect of the minor child.
The master also received a letter dated May 5, 2020 from Sithole Magagula Attorneys, representing the beneficiaries, complaining about the winding up of the estate, in particular that the executrix was threatening and insulting them.
On July 8, 2020, the master received a letter from M.S. Dlamini Legal attached with a first and final liquidation and distribution account.
The liquidation and distribution account was not approved as there were some corrections that needed to be attended to by the executrix.
Vuyisile file a claim of E670 000, alleging that she had loaned the deceased monies at his special instance and request for purposes of purchasing a bus at Leites motors on March 24, 2019.
On December 17, 2020 a next-of-kin meeting was held at the Master’s Office for the purpose of discussing the issues of the minor child, in particular maintenance of the child and the paternity test.
The surviving spouse agreed to pay maintenance of the minor child and that Sabelo Mamba, who is the brother of the deceased be used for the paternity test.
The paternity test was later conducted and the conclusion was that the genetic data supports a related uncle child relationship.
On March 13, 2021, the master received a court application directing that the National Psychiatric Referral Hospital should compile a report on the medical condition of Vuyisile.
The master received two court orders, one granting the applicants (beneficiaries) the orders sought and the second court order was granting Mzwandile Sobandla Dlamini to be an intervening respondent in the mentioned court proceedings.
A second DNA test was conducted at Lancet Laboratories and the outcome was that the DNA evidence is 961 times more likely of Sabelo Mamba and the minor are related as biological uncle and niece respectively, rather than unrelated.
The minor, Tsatsakahle Mamba, has been receiving E1 000 as monthly maintenance.