Farm owner wants E820k from lawyer
MBABANE – A businesswoman has taken a Manzini-based lawyer to court for alleged failure to remit a balance of over E820 000 after selling a farm on her behalf.
Sarah Tsabedze (born Nxumalo) is demanding E442 650, which is the interest she said she would have earned from the date of the transfer of the funds by the conveyancer in April 2016 to Lawyer Maqhawe Dlamini’s bank account.
She also wants the lawyer to pay her E380 000, which is a balance of the amount of E1 500 000 that Dlamini was supposed to remit after the sale of Remaining Extent of Farm No.784 in the Manzini Region. The farm measures 262.15 square metres.
In her particulars of claim, Tsabedze informed the High Court that in May 2016, Dlamini allegedly approached her and offered to sell the immovable property on her behalf. She said she did not object to the sale, although she wanted an evaluation to be done to determine the purchase price.
She said Dlamini informed her that he would secure a purchaser for the amount of E1 500 000. The terms of the agreement, according to Tsabedze, were that Dlamini would engage a conveyancer for the transfer of the immovable property and the purchase price would be remitted by the lawyer to her. The veracity of these allegations is still to be tested in court. Tsabedze is represented by Sibongile Zondi of S.C. Zondi Attorneys.
Transfer
The businesswoman told the court that the transfer of the property was duly effected by the offices of C.J. Littler and Company to the name of the purchaser, being Maranches (Proprietory) Limited, which was represented by one Muziwandile Dlamini.
“Despite transfer of the property having been effected on May 19, 2016 and the purchaser having transferred funds to the conveyance, who in turn paid the purchase price into the trust account of the defendant, the defendant failed to remit and pay the aforestated amount to the plaintiff (Tsabedze),” alleged the businesswoman.
Tsabedze informed the court that subsequent to numerous demands and pleas, after a period of two years, Maqhawe eventually paid the purchase price. She said in April 2018, the attorney paid a sum of E1 000 000. She further alleged that between May 2018 and April 2021, he made several irregular payments in instalments totalling E120 000. The balance allegedly owed by Maqhawe, according to Tsabedze, is a sum of E380 000.
The plaintiff (Tsabedze) went on to tell the court that, from the date of the transfer of the funds into Maqhawe’s account by the conveyance in April 2016, ‘the plaintiff would have earned interest on her money in the sum of E442 650, with interest calculated at nine per cent per annum’.
“Despite demand, the defendant (Maqhawe) has failed/refused to pay the plaintiff the balance of the amount owed,” Tsabedze added.
Meanwhile, in response, Maqhawe informed the Law Society of Swaziland Disciplinary Tribunal that he was approached by one Phumaphi Nxumalo in early 2016 and she advised him that her aunt, Tsabedze, had a farm which she wanted him to sell. She said Nxumalo informed him that the farm was occupied by Frans Du Pont and Tsabedze wanted to evict him so that she could sell it.
The lawyer said Nxumalo was in the company of Tsabedze in his offices for consultation. He submitted that Tsabedze allegedly informed him that Du Pont had told her that he would pay her E687 000 as per the agreement.
According to Maqhawe, he allegedly advised Tsabedze that it would be best to conduct an evaluation of the property to ascertain its value. He alleged that she offered 15 per cent commission of whatsoever price the farm would be sold for.
He submitted that together with Tsabedze and Nxumalo, they allegedly approached Mabuza Masina Property Consultants to instruct them to do an evaluation of the property. Maqhawe said they proceeded to the farm for the evaluation exercise.
“The evaluation report valued the property at E2.4 million. Mrs Tsabedze is the one who paid for the evaluation report from Mabuza Masina Property Consultants. She then instructed me to look for the potential buyer since she was eager to evict Mr Du Pont from the farm,” said Maqhawe.
Buyers
The attorney submitted that he requested the property agent from Manzini to solicit potential buyers. He alleged that the property agent informed him that he had a potential buyer from Ngculwini, who was either a Somali or Ethiopian national and also informed another attorney, Thabiso Mavuso, to look for potential buyers.
Mavuso, according to Maqhawe, told him that he had a client who wanted to rent a farm, hence he would find out if he would be interested in purchasing the one in question.
“Mr Mabuza (property agent) told me that he had taken the buyer (foreigner) to the farm to view it and he said he was complaining about the price being too high. He told me that his potential buyer offered E1.6 million.
“Later, Mr Mavuso told me that he told his client Mr Muzi A. Dlamini (current owner) about the farm and he said he was interested. Mr Muzi Dlamini was already taken to the farm by Mr Mabuza to view it and he offered E1.5 million,” Maqhawe added.
He said he allegedly informed Tsabedze about the two potential buyers and ‘she told me that she was comfortable with selling the farm to a liSwati other than a foreign national’.
“Hence the offer was given to Mr M. Dlamini. She instructed me to draft a Deed of Sale between her and Mr Dlamini,” he alleged.