Estate plot kept secret, sold - probe told
MBABANE – A university graduate, who was born after her father had died in 1993, is yet to benefit from the estate.
Busisiwe Dlamini is being assisted by her aunts, Sisana Mkhaliphi and Eunice Mkhaliphi. Her mother, Zanele Mkhaliphi, passed away after she had been kicked out of her marital home, allegedly by Busisiwe’s uncle (babe lomkhulu).
Busisiwe told the commission that she reported the estate of Gundwane Isaiah Dlamini to the Master’s Office in 2021 and the estate file was opened on June 25, 2021. Gundwane died as a result of a road traffic accident.
She said she was not aware if the estate was reported before 2021. She said her uncle, who was dealing with the matter, died as well.
She said her uncle, Themba Dlamini, was entrusted with taking care of her but that did not happen. She said he had been asked by her grandmother to maintain her as her father had requested him.
Busisiwe, who graduated from the Southern Africa Nazarene University (SANU) with a Primary School Teaching Certificate, said she was her parents’ only child. She said her father was yet to marry her mother when he died.
According to Busisiwe, after her father had died, her mother was married off to her father’s younger brother, purportedly to keep her in the homestead. Busisiwe’s aunt, Sisana, said that was done because Busisiwe’s father’s properties were registered in Zanele’s name.
Secret
Gundwane is said to have owned plots in Nhlangano and Pigg’s Peak. This, she said, was allegedly kept a secret. She said she also heard that the Pigg’s Peak plot was sold.
Sisana said they heard that Busisiwe’s grandmother told her about a plot at Mathendele Location and a building within Nhlangano town, where there are rental rooms.
According to Busisiwe, she, as the executrix, together with her aunt, Tfolwaphi Masimula, were supposed to collect rentals.
The commission said one way to find out about the properties in Nhlangano and Pigg’s Peak was to approach the Deeds Office.
Judge Majahenkhaba Dlamini said the Nhlangano Town Council should know about the people who were supposed to occupy the plots in question and where they were relocated to, if that was the case, and the same should apply with regard to the Pigg’s Peak plot. Assistant Master Joy Maphanga advised Busisiwe and her aunts to approach the Deeds Department to establish the ownership of the plots in questions.
Eunice told the commission that the issue was that Busisiwe had never received anything from her father’s estate at any stage.
She said Busisiwe had been their responsibility ever since she was born.
“We approached the Dlamini family and they made promises, but nothing has been done,” said Eunice.
Sisana alleged that after Zanele had been married off to Gundwane’s younger brother, she (Zanele) would be made to sign documents by the deceased’s elder brother, and he would proceed to make withdrawals and only give her between E200 and E500.
Sisana said Zanele became suspicious and she told her that babe lomkhulu was helping himself to Gundwane’s money and he was not giving her anything.
Sisana said her husband assisted her to engage an attorney to stop the withdrawals and the deceased’s elder brother became furious and kicked Zanele out of the homestead. When Zanele was kicked out, there was E13 000 in the bank account that had about E50 000, according to Sisana.
Duty
The deceased’s younger brother, who was then married to Zanele, is said to have not taken care of Busisiwe, citing that his duty was to ‘sleep with her’and their elder brother was responsible for taking care of her.
Busisiwe is entitled to 80 per cent of the estate and her grandmother 20 per cent.
She told the commission that the distribution was done in September 2023 and she was entitled to 80 per cent of money generated by the properties.
However, she said she was informed at the Master’s Office that the money was not being deposited in the estate account. She suspected that it was diverted elsewhere.
Judge Maxine Langwenya said it appeared as though the property was being transferred.
Acting Assistant Master Sanele Fakudze said they were waiting for the property to be transferred and transfer costs were kept in the liquidation and distribution account.
Judge Lorraine Hlophe said the master had been waiting since 2021. The judge said the master was supposed to advise Busisiwe accordingly.
Fakudze said he requested Busisiwe to advertise but she said she told him that she did not have money for transport, among other things. The acting assistant master also said Busisiwe’s aunt also did not come to the Master’s Office when called.
Judge President Sifiso Nsibande said Busisiwe and her aunt, as co-executrixes, were in charge and wondered why the rentals from the tenants were not blocked.
Fakudze the master would rely on the Busisiwe’s aunt because they did not know the tenants. The assistant master, according to the judge president, has the power to support an executor.
Fakudze said he supported Busisiwe all the way and even offered her E200 when she complained that she did not have money to carry out some her duties.
Busisiwe had said she used to borrow money when executing her duties as the executrix, hoping that she would receive some money from estate.
Sisana said they supported her and but were struggling to do so. “Why do they borrow her money and why is it not taken from rental collections?” Sisana enquired.
The judge president said Sisana was right and added that they could not know unless they asked the master to explain.
According to Fakudze, he did not borrow Busisiwe the E200.
He said the money was to assist her advertise the estate but she did not take it. Fakudze pointed out that Busisiwe had to advertise for things to move forward and they had been waiting for her and her aunt since 2022 to advertise it.