Africa-Press – Eswatini. The sheer weight of having to open old wounds was evident when Simangele Mtetwa broke down in tears as she recounted how her son, Mzwandile Mmema, died while suffering from chronic depression caused by stress and frustration after not receiving a penny from his father’s estate.
This was despite that Mmema ran a blossoming air-conditioning business for over two decades.
Grief engulfed the Industrial Court of Appeal at Intfutfuko Building as Mtetwa enunciated before the Judicial Commission of Inquiry into the Master of the High Court Office how her son got killed in a hit and run accident in September 2023 by a driver who remains unknown to date. The situation got so tense to the extent that Judge Lorraine Hlophe sent words of comfort to Mtetwa for the loss of her son.
“Sorry for your loss,” said Hlophe before inquiring who chose the executor in the estate of Dumisani Mmema. Mtetwa disclosed that Phumla Mmema, the wife, had placed herself as executor without consulting Mzwandile because she allegedly took advantage of his mental condition, which made him forgetful at times due to medication from the psychiatric centre.
The commission heard how Mtetwa, who had already divorced with Dumisani when he met his death in August 2020, pleaded with officials from the Master’s Office to represent her son, but said she was arrogantly denied because she had not been listed as a beneficiary.
Therefore, she was told by a male officer, whom she could no longer remember, that she would not be allowed in any of the meetings where the estate of Dumisani was a subject. Even after presenting the card from the psychiatric centre to attest that Mzwandile was indeed on medication from the centre, she said officials insisted that he would be expected to represent himself. “Why do you want to be represented as an adult? Can’t you speak for yourself, can you even court a woman,” Mtetwa said she overheard one of the officers asking Mzwandile during one of the many instances where she had pleaded for her son to be represented either by his sister or herself. Wiping tears with a green cloth while seated next to her daughter, Gugulethu Vilakati, Mtetwa said her son ended up not getting anything from the estate. She said there was a house situated in Mbangweni, which had been bought from a loan she sourced from the civil servants housing scheme during happier days in the marriage.
settled
However, her son was informed that it had been attached to recover a E900 000 business tax debt owed to Eswatini Revenue Authority. Therefore, there was nothing left to share.
Mtetwa informed the commission that when she parted ways with Dumisani, her loan had almost been settled except for E26 000, which was paid by the latter before deciding to stay with his son.
However, it later turned out that there was a distribution account at the Master’s Office where her son ought to have benefited from. Assistant Master Thobeka Dlamini informed the commission that the file had no complaint but did have a distribution account. “There was a distribution account but there is no letter from ERS in the file,” said Dlamini, much to the amusement of Mtetwa who was probed by Commissioner Justice Sifiso Nsibande on whether she had seen the supposed letter from ERS, to which she confirmed to the affirmative.
Commission Chairman Majahenkhaba Dlamini interjected as Dlamini went on to explain that there had been certain letters from the bank regarding the property which had been placed on the market in order for proceeds to be shared by the three children of Dumisani Mmema. The chairman said finer details of what actually transpired would be presented to the commission by the Master’s office at a later stage. The commission also heard how Phumla presented only the house at Sidvwashini in the inventory.
“It was shocking that there was no single mention of the business styled Eco Zone and cars owned by Dumisani, let alone cash in the bank in the inventory,” Mtetwa said. The commission also learnt that the business establishment was financed by Mtetwa through a loan from Swaziland National Association of Teachers (SNAT) because Dumisani needed capital to venture into entrepreneurship after having worked at Hoageys for 18 years.
The business, which Mtetwa became 100 per cent owner was owned by Phumla in December 2020, was a provider of air-conditioning services for companies and events, such as Buganu Ceremony and Garden Parties among others.
Some people attend estate meetings to cause chaos – Assistant Master
Assistant Master of the High Court Zanele Masondo has informed the Master’s Office commission of inquiry that some people, especially those with vested personal interests in estates, attend meetings to cause chaos.
This disclosure was made by Masondo when explaining who was eligible to attend estate meetings. He said according to law, only guardians and beneficiaries together with any party written in the will or estate was allowed to be part of meetings.
“An official can also use his discretion but in this instance, if it were me, I would have allowed Simangele Mtetwa into the meetings because of his son’s condition, more especially after showing the proof from psychiatric centre,” said Masondo.
The assistant master also explained that in an estate, beneficiaries would only make a claim based on shares because it was a separate entity.
This response was offered after Mtetwa wondered why the business of Dumisani Mmema had not been incorporated in the estate.
We hope Master’s probe brings lasting solutions – Mtetwa
An emotional Simangele Mtetwa has pleaded with the Judicial Commission of Inquiry into the Master of the High Court to come up with lasting solutions to challenges encountered when winding up estates.
Similar to the caution by the Law Society, which warned against playing with public emotions on a matter that was of high public importance, Mtetwa said she was grateful that the commission had finally been set up to address the litany of grievances they have against the Master’s Office.
“Thank you for setting up the commission; we did not know where to seek help. We hope the submissions made here will be for a good cause,” said Mtetwa.
The commission was empowered to require any person, subject to any privilege which may be claimed by the person under law, to furnish information on matters which, in the opinion of the commission, may be relevant to the subject matter of the inquiry.
A witness before the commission takes an oath or makes an affirmation that they would speak the truth.
The chairman, Supreme Court Judge Majahenkhaba Dlamini administers the oath or accepts the affirmation.
Probe goes ahead despite calls for disbanding
The call by Law Society of Eswatini for the Judicial Commission of Inquiry probing alleged gross maladministration, abuse of power and embezzlement of estate monies at the Master of the High Court fell on deaf ears, as the commission continued with its sitting yesterday.
In a scathing letter addressed to Chief Justice (CJ) Bheki Maphalala last week, the society had requested Maphalala to disband the commission on the basis that it had been illegally constituted. However, the commission proceeded with its business of the day, which was hearing oral submissions from members of the public. The first person to appear yesterday was Simangele Mtetwa, who had been accompanied by her daughter, Gugulethu Vilakati.
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