... estate file says she got E662k – assistant master

MBABANE – Acting Assistant Master of the High Court Nkanyezi Xulu says the file reflects that Phindile Dlamini received E622 000 from the estate.

Xulu said the distribution account filed by Siboniso Clement Dlamini showed that Phindile received E622 000. Phindile disputed this amount and reiterated that she received only E50 000.

Xulu presented the master’s report. According to the report, lawyers Siboniso and Mzamo Nxumalo, who are both deceased, received E875 477 and E103 625 respectively on behalf of Martin Ndzinisa’s estate. Siboniso and Nxumalo were co-executors. He said Ndzinisa’s father approached the High Court to declare that Phindile was not his son’s legal wife. His application was dismissed.

Xulu told the commission that Nxumalo died in 2005 and there was no money in his Trust Account. He was said to have not accounted for the E103 000.

Distribution

Siboniso was taken to court for failure to wind up the estate within six months and to distribute the estate. After sometime, according to the report, Siboniso filed his distribution account and it showed that there was no money left.

Siboniso claimed to have paid tuition fees for one of Ndzinisa’s children at Waterford KaMhlaba, and the other in South Africa, as well as allegedly giving an undisclosed amount to Phindile. Xulu said Siboniso submitted the distribution and his resignation at the same time. Phindile said she signed three distribution accounts, which she did not want to sign and discovered that there was an element of forgery in that her initials were allegedly tampered with.

According to Assistant Master Xolile Nkambule, she was not aware of the changes in question. She told the commission that it did not involve the Master’s Office. She explained that the master may direct that certain changes should be made where necessary, and this can be done many times.

When the plot in Siteki was to be distributed, according to Nkambule,

Executor

During the meeting to appoint an executor in 2019, for the distribution, Martin’s daughter, Sakhile Ndzinisa, filed an affidavit nominating Artwell Ndzinisa as the executor.

The master said she refused to be co-joined with Artwell and waived her right to be appointed, by walking out of the meeting, hence the appointment of Mr Artwell Ndzinisa.

Phindile raised a complaint, hence another next-of-kin meeting was held, and chaired by the master of the High Court as per a directive issued by the Chief Justice. During this meeting, Phindile was reappointed as a co-executrix, together with Artwell.

During the meeting, the master explained to the beneficiaries that she was not in defiance of the CJ’s directive, the file was almost complete and transporting an officer to Siteki for signing would frustrate the winding up of the estate as there was a shortage of fuel within government.

However, the property had already been sold by Artwell, who acted within his duties after obtaining all documents required from the Master’s Office and from the beneficiaries.

Nkambule acknowledged that the plot in Siteki was sold at E300 000. Other fees paid before remittance were the agent’s commission of E30 000, lost Title Deed E9 167.20, and rates clearance certificate in the amount of E30 and E1 500 for payments made and to be made in the file E1 500.

The master’s report states that an amount of E218 979.90 was distributed equally among the three beneficiaries, each receiving E72 993.30. According to the liquidation account, each beneficiary was supposed to inherit E73 535.70. However, the shortfall was caused by an overpayment of E1 100 for executors and master’s fees.

The master’s report, in conclusion, mentioned that there is no instrument in place, which regulates the agents’ commission, hence our office does not have control over those fees unless they affect what is due to the beneficiaries.

Arrest

When Siboniso died, he was said to be residing in the Republic of South Africa after a warrant of arrest was issued against him. The Supreme Court had ordered the police to assist the deputy sheriff to effect a court order committing him to jail for a period of 30 days.

He was to spend 30 days in jail pending compliance with an order directing him to contribute a sum of E8 000 per month towards the maintenance of Phindile, who took him to court over the alleged mismanagement of her late husband’s estate.

She accused Siboniso of misappropriating a sum of about E860 000 of the estate.