‘Tiyas’, wife Beketele dragged back into court
MBABANE – Tiyamike ‘Tiyas’ Maziya and his wife, Beketele, have been taken to court by his brother and sisterin-law again.
Mfokolozi Maziya and his wife, Mpho, recently took ‘Tiyas’ and Beketele to court over the shareholding in Lionheart Properties (Pty) Ltd, which they operated together. Mfokolozi and Mpho also wanted the purported actions of ‘Tiyas’ and Beketele of excluding them as directors, to be declared unlawful and of no effect.
Pending finalisation of the matter at the time, Mfokolozi and Mpho sought an order directing First National Bank (FNB) Eswatini to temporarily freeze the account held by Premium Corporate Consulting Croup and any other bank account. High Court Judge Zonke Magagula dismissed the application.
In their new application, Mfokolozi and Mpho want the High Court to declare the purported cession of shares invalid and of no legal force and effect, as the signatures on the cession agreement were acquired fraudulently. They also applied for an order declaring their purported resignations as directors of Lionheart Properties null and void.
Mfokolozi and his wife are further seeking an order setting aside the register of directors, Form J filed by ‘Tiyas’ and Beketele, reflecting Mfokolozi and Mpho as non-directors and setting aside any documents, if filed by the musician and his wife, reflecting them as non-shareholders of Lionheart Properties.
They also want the court to interdict the registrar of companies from making changes to the register of members of the company and Form C of Lionheart
Properties. The applicants (Mfokolozi and Mpho) also want Amandla Financial Services and CJ Littler and Company to be directed to withhold payment due to Lionheart Properties pending finalisation of the matter.
Incorporated
In their affidavit, Mfokolozi submitted that in 2018 and Mpho allegedly incorporated Lionheart Properties together with ‘Tiyas’ and Beketele. He said the company specialised in the purchase and leasing of property. He alleged that the four of them were directors and shareholders in the company, which procured and facilitated the sale of properties for different clients for a commission.
Mfokolozi submitted that the commission was banked with ‘Tiyas’ and Beketele’s Premium Corporate Consulting Group, despite his and Mpho’s plea that a bank account for Lionheart Properties be opened.
He alleged that ‘Tiyas’ and Beketele refused to the opening of the bank account on the grounds that their credit rating did not allow Lionheart Properties to open a bank account. He said they insisted on opening the bank account because the credit rating had no bearing on the opening of a Lionheart Properties bank account.
Mfokolozi submitted that Lionheart Properties was a separate legal entity from its directors and shareholders and they had separate rights and liabilities as a separate entity. He said ‘Tiyas’ and Beketele were in most instances in charge of the dayto-day running of Lionheart Properties, while they used their expertise as agents to get clients.
Mfokolozi told the court that on October 2021, Lionheart Properties, through his efforts, acquired a tender with the Public Service
Pension Fund to facilitate the sale and purchase to Tom Sililo Centre in Nhlangano. He alleged that in terms of the agency agreement, Lionheart Properties would be paid E2.5 million for the sale, which was to be paid out by CJ Little and Company.
Mfokolozi informed the court that in February, the directors of Lionheart Properties held a meeting and made a resolution that the company would acquire an advance on the commission in the form of a loan of E200 000 from Amandla Financial Services. This resolution, according to Mfokolozi, was signed by all the four directors.
advance
He said a month after the advance had been made, he enquired from the financial service provider and was allegedly informed that the loan had been approved and the money had already been transferred into Premium Corporate Consulting Group’s bank account.
Mfokolozi said he was further made aware of documents that purported to be their resignation and cession signed by him and Mpho and a letter from ‘Tiyas’ and Beketele to the effect that he and Mpho had resigned as shareholders and ceded their shares.
He alleged that documents he was presented with showed minutes of an apparent meeting that was held on February 2, 2022, which stated that he and Mpho had resigned and ceded their 24 per cent each shareholding.
“I submit that this came as a surprise to the applicants (Mfokolozi and Mpho) as we did not at any point tender our resignation as directors of the fourth respondent (Lionheart Properties); neither did we cede our shares to the first and second respondents (‘Tiyas’ and Beketele). In fact, we had never had sight nor advised of the resignation epistle, the cession of our shares and the extra-ordinary meeting of February 2, 2022,” said Mfokolozi.
“I submit that in view of the documentation, being the resignation letters and cession, it is shocking that our signatures appear, yet we never at anytime appended same thereon. The only possibility hereof is that the first and second respondent had acquired them electronically and had the specimen.”
Mfokolozi and Mpho are represented by Bahle Nkonyane of Magagula and Hlophe Attorneys.
‘‘Tiyas’’ and Beketele are represented by Sifiso Jele of SM Jele Attorneys.
Mfokolozi said it could not be coincidental that he and his wife’s resignation showed that they resigned on February 2, 2022 and simultaneously ceded their shareholding in Lionheart Properties to ‘Tiyas’ and Beketele in terms of a company resolution dated February 2, 2022,
taken during a meeting held in Malkerns.
“The applicants were astounded at the convening of such a meeting in Malkerns because we were never at anytime served with a notice of a meeting nor was any communication received by us from the fourth respondent regarding such a meeting.
Minutes
“The purported minutes of the meeting do not mention the applicants’ presence in that meeting, which brings the applicants to the conclusion that the meeting was convened by first and second respondents on behalf of the third respondent, a company owned by first and second respondent,” alleged Mfokolozi.
Mfokolozi alleged that he and his wife never signed any resignation letters as directors or any document transferring or ceding their shares. He said he believed that the signatures were obtained fraudulently.
He alleged that ‘Tiyas’ and Beketele deliberately fabricated their signatures and orchestrated their resignation from Lionheart Properties in order to help themselves to the commission that had become due and owing from Amandla Financial Services. The matter will be heard on May 18, 2022 before Judge Bongani Sydney Dlamini.