Africa-Press – Eswatini. Master of the High Court, Phumzile Thomo, reported death threats to the police over the estate of late legal eagle, Colin Ntiwane, which has failed to be wound up for the past 17 years.
This was disclosed by Thomo before the Judicial Commission of Inquiry into the Master of the High Court Office for alleged gross maladministration and corruption.
She made the disclosure when refuting allegations that she had allegedly been hostile to Sizakele Ntiwane and made a mockery of her in full view of other officials at the Master’s office.
“The master is very hostile to me. We did not even have money for electricity and food but when I alerted her that we need support from the estate through a letter in 2016, she never responded to date. When I visit the Master’s office, I get mocked. The Master (Thomo) also told me straight in the face that I would not be helped,” Ntiwane alleged.
She went on to inform the commission that she had established a business of selling perfumes but Thomo came to her place of business to remove her. She went on to claim that CCTV footages at OK Foods could attest to this.
“The missile (Thomo) which is meant to assist has turned against us,” Ntiwane alleged in the company of her son, Sanele yesterday.
When asked by Commissioner Justice Maxine Langwenya whether she had been hostile towards Ntiwane, Thomo profusely refuted the allegations.
“We are in a public office and must not be hostile. I have no recollection of any hostility towards her. She (Ntiwane) says I went to OK to remove her, which is untrue. I go there to buy my own goods and have never spoken to her there. I have met her several times where she made death threats and called me all sorts of names.
“I would walk away and not say a word. I reported the death threats to the police. Any involvement of officers was for transparency,” Thomo submitted and further clarified what led to the delay in the estate to be wound up.
She explained that when a lawyer dies, the Law Society appoints curators to collect assets and prepare an account and in Collin’s case, the late lawyer Mandla Mkhwanazi was appointed curator.
Thomo said Mkhwanazi prepared the report but it was not comprehensive.
“They paid staff and other creditors then E37 000 was left, which went to the estate. This sum was also requested by the executor (Ntiwane) to pay for school fees,” she said when justifying why there were no monies left in the estate.
inquired
Commissioner Judge Mzwandile Fakudze, inquired who the curators should be accountable to. Thomo responded; “ the law society appointed Mkhwanazi but then I appointed Sizakele (wife) for transparency after being vocal on her husband’s estate.”
Ntiwane further claimed that none of the deadlines were met as stated in law.
“They said I am loud and I love that because I must be accountable if there are any losses in the estate as executor. What is the Master’s role when I have to do inventory?
What have they done to ensure that I have the estate wound up in six months?
Why do people have to be loud, is that not a grievance? You are victimising us because you are in power. You are acting infantile. You are not doing your job that’s why we have this probe. You have poked God’s eye (sowuhlukubeta inhlavu yeliso lasimakadze),” added Ntiwane.
We’ve been reduced to beggars – Sizakele
The widow to late top lawyer, Colin Ntiwane, has informed the Master’s probe that they have been reduced to beggars, who live from hand to mouth.
The Master of the High Court, Phumzile Thomo clarified that the estate was viewed to be insolvent because the liabilities exceed the costs that provide the reason why Sizakele Ntiwane was given authority to sell a Jeep vehicle and have the funds deposited into the guardian fund in order to file claims.
Ntiwane, however, insisted that they were made to suffer because the estate registered in 2007 had not been wound up 17 years later.
The widow went on to claim that there were criminal elements in winding up the estate as some lawyers were issued with documentation to process claims allegedly by the Master’s office.
Ntiwane submitted that her son, Sanele, had lost four years of university education because there were no funds to cater for his tuition fees.
She further claimed that there had been a payment to a certain school for a child they did not know yet Sanele never got any payment for his own fees.
He said the situation was dire such that Sanele was chucked out of class in Form V and stayed out school for three months.
“The service we have been getting at the Master’s office is atrocious to say the least. Payment was made without unsupported documentation. The Master made payments to attorneys without due diligence. Trust funds were released without unsupported documentation. We had access to funds in Colin’s personal businesses but were blocked by Thomo,” Ntiwane alleged.
She further claimed not to have been legally mandated as executor and said some of the properties at Checkers and Pine Valley had not been included in the estate.
Ntiwane pleaded with the commission to assist in appointing either one of Colin’s children or all three of them as executors because her medical state had severely deteriorated due to the delay in winding up the estate. Therefore, she would not be in a position to handle the last stages of winding up the estate.
Assistant Master, Vuyisile Mdluli, informed the commission that a next of kin meeting was held where Sizakele was appointed executor. Therefore, as executor she had been entrusted with the responsibility of coming up with an inventory.
Mdluli said according to their records, there were no properties save for cattle and a vehicle in the inventory.
She said there was no cash as well.
In the inventory by curator Mandla Mkhwanazi, Mdluli said there was a trust account at EswatiniBank, office ware and a library.
monies
“There was also a report on payments to creditors. Mkhwanazi said monies in the trust account must be asked from the wife. We asked the curator to file a comprehensive report where were monies paid to and how much. We even went to the attorney general to compel them to pay but there has been no response coming forth. We gave the executor authority to transfer cars to her name,” said the assistant master.
Ntiwane responded by stating that the car was still in Colin’s name.
“Mkhwanazi became aggressive when called to account. He took files he had promised to pay for but never made any payments and the Master has not been of assistance in the effect of compliance to deposit money into the guardian fund,” she added.
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