Ex-cop’s E0.5m unfairly delayed - family
MBABANE – The family of late police officer Nkululeko Freddy Zikalala, is in dire straits, yet his estate should have over E400 000.
7he family, situated at EsitMeni, Lobam ba, says there was a misunderstanding over the estate, but such was long settled out of court. 7hey e[pressed concern that despite the resolution, they still had not received the money. 7he money in the estate is supposed to have come from his former employer and the e[ecutor of the estate is the deceased’s sister, Busisiwe =ikalala. 7he deceased’s widow was said to be desperately in need of the money to finance her medical bills as she was sick ly. In efforts to get the money from the estate, they have made inquiries with the office of the attorney general as well as their lawyer, from Sithole and Magagula Attorney but have not had a clear answer on when the money would be released.
Matter
NMabulo Mavuso, who was assigned by the =ikalala family to play a leading role in the matter, alleged that the amount of money to be released was estimated at between E and E . He further stated that this amount was con firmed by Nkululeko before his demise. According to Mavuso, Nkululeko was subMected to disciplinary procedures while he was a police officer in , leading to his suspension in . He was later reinstated in .
Mavuso said while he was still on suspension, he was earning half pay. He said by that time Senator Isaac Magagula was National Commissioner of Police (NA7COM). “Nkululeko ran away to South Africa after he was suspended, where he stayed for almost three years. :hen he came back to Eswatini, he surrendered himself to the police. Ac cording to the law, he was supposed to be suspended for si[ months but to him it was beyond that. 7his then meant the suspension was supposed to be lifted,” said Mavuso. According to Mavuso, Nkululeko was reinstated in , where he was subsequently promoted. After Nkululeko’s reinstatement, through lawyer Leo Gama, he had argued that he deserved to be compensated the money that was withheld from him during the suspension period. “7he matter was debated at length as Magagula denied such liability by the police. 7his resulted in the matter being referred to the High Court. Nkululeko won the case and then e[pected payment of the arrears would be forthcoming,” he said. In a document signed by Magagula, in case number
, on April , , involving
Applicant (Nkululeko) and first respond ent NA7COM, and written to Leo Gama and Associates, the NA7COM obMected to the payment. He cited that the applicant had been suspended pending finalisation of his criminal trial and had also not been acquitted of the said charges. Meanwhile, Mavuso alleged that Nkululeko worked for a few months after he was reinstated, before succumbing to an illness. After Nkululeko’s demise, the family is said to have approached the police headquarters to finalise the issue of his outstanding funds. According to Mavuso, they were told by the police authorities that his money would be paid, since he was reinstated to his Mob.
Responsibility
“:e were then told to go to the High Court to check on the status of the money. :e met a lady who told us to come with a lawyer. She then directed us to Sithole and Magagula who had assumed respon sibility for the legal battle, taking over from Leo Gama. I fully paid Gama, since I had found a new attorney,” he narrated.
He said he then instructed lawyer Machawe Sithole to continue with the case by making sure that Nkululeko’s money was eventually paid in full. He then wrote a letter to the police head quarters, where he was referred to the AG’s Office. Mavuso said Sithole was referred to Mbuso 'lamini, a Senior Counsel who is now legal advisor at the Elections and Boundaries Commission (EBC). “Mbuso then went to the police headquarters, where he found that the file was missing. 7his is what he told us. He then created a new file and kept it at the AG’s Office, under the senior counsel’s department,” said Mavuso. According to Mavuso, the newly opened file had a few details, stating that they knew about the deceased and that he was owed a certain amount of money. He also said that
Mbuso told them that the file indicated that the matter was settled out of court. 7hereafter, Mavuso alleged that there was no formal communication from the AG’s Office. He said at times they would be told that they were waiting for particular information. As if that was not enough, Mavuso alleged that even their own lawyer, Sithole was not sharing any information. He said at times he would tell them that they had written a letter that did not make sense and had to redo it. He said the matter has dragged from
up to date. It is worth noting that in the same year, -une , a letter from the Master of the High Court was written and signed by Phum]ile Masilela in regard to the estate. It was referenced Master’s ref erence number ± EH addressed to Leo Gama. 7he letter stated that the office of the Master of the High Court is in the process of winding up the above mentioned estate.
Beneficiaries
7he letter read “'uring a meeting of the ne[t of kin held on -une , , before the master, it transpired that you may have some knowledge regarding the deceased’s terminal benefits from his last employer. Mbuso’s request, but there had been no communications thereafter between me and Busiswe. Mbuso does not answer my calls. I only got hold of him once I decide to come to his office secretly,” he stated. He alleged that Mbuso then told him that the matter was in its final stages and waiting for the current Commissioner of Police, :illiam 'lamini’s signature before the money is released. “7his past week, Mbuso told me that a letter was written with no specific amount to be paid to Nkululeko. I requested a copy of that letter but he did not show it to me,” he said. He did not know the cause of the delays in releasing the money. He said they no longer had trust in Sithole as well as Mbuso because of the lengthy period the issue had taken.