Bring lawyer’s death certi icate, Crown directed
MBABANE - The Crown has been directed to provide a death certificate of the late lawyer, Musa Leon Dlamini.
This, after the prosecution informed the court that it was now impossible to proceed with the criminal trial of the late Dlamini, who faced a charge of theft of E2.9 million at the time of his death. Dlamini’s matter was pending before Judge Maxine Langwenya.
Dlamini, who had been charged by the Anti Corruption Commission (ACC), was alleged to have committed the offence between September 22, 2014, and February 28, 2015. The money belonged to the estate of the late Kanku Dayabhai Ranchod.
According to charge sheet, the late lawyer allegedly stole, converted and misappropriated a sum of E2 939 021.40 belonging to the estate. The Crown had lined up eight witnesses to testify against Dlamini and they included among others ACC senior investigator Sipho Mthethwa, Phumelela Bhekumuzi Malindzisa, Patrick Mfundane Tsabedze and Ziphozonke Simangele Fakudze,
One of the witnesses in his statement stated that in a bid to wind up the estate of Ranchod and sort out rental collection issues that existed between Mohammed Ismael Tilly and the estate. He submitted that he then engaged the services of Dlamini (late lawyer) to take the said Tilly to court for an order directing the latter to account and remit half of the rentals he was collecting from the letting out of the immovable property to the estate of the late Ranchod.
He stated that some time passed by without the lawyer securing a hearing date for the matter and this delay did not go down well with him (witness). The witness alleged that he then reached an agreement with Dlamini that he (Dlamini) should hand over the litigation matter to Kenneth Simelane of Henwood Associated. According to the witness, indeed Henwood took over the matter and while working on it, he got information that the Manzini City Council wanted to auction the property due to rates arrears amounting to E385 978 .68.
“To avoid the property going under the hammer, I entered into a consent order with Tilly, directing, among other things, that the property be sold to enable the parties to pay the rates. The purchase price was deposited into the accused’s (Dlamini) First National Bank Account,” alleged the witness. It was further his evidence that in fact E385 978.68 was paid by the purchaser directly to Manzini City Council and the balance of E3 114 021.32 to Dlamini’s account.
The witness claimed that he was instructed that the accused person paid five per cent of the purchase price to Tibuyile Investment (PTY) Limited for the auction services rendered. He alleged that this amounted to E178 854. 00. According to the witness, the payment arrangement he had with Kenneth Simelane was that he (Simelane) would be paid out of the proceeds of the sale of the property and Dlamini did not pay him.
“Up to date, accused person has failed to remit the portion of the purchase price in the amount of E2 939 021.40 to this witness despite numerous demands to do so. Witness did not give permission to the accused to use the sum of E2 939 021.40,” reads part of the indictment.