Africa-Press – Eswatini. The estate of the late Calvin Ndlovu valued at over E30 million has finally been distributed after 23 years.
The estate, which was marred by a highly contested legal battle, was eventually resolved out of court by the family.
Former minister of sports, culture and youth affairs, Hlobisile Ndlovu, who was unanimously appointed as executor by the family after the demise of Knox Nxumalo in July last year, yesterday informed the Judicial Commission of Inquiry into the Master of the High Court Office that as a family they were humbled and grateful that the estate was finally being disbursed.
She said they approached the Master’s office in July with a candidate to replace Nxumalo but they were advised against that by the Master who said they should choose among themselves and assured them of the necessary hours.
Assisted
She sang like a canary as she narrated before the commission how they were greatly assisted by Master of the High Court, Phumzile Thomo, as she was always available.
The commission, where Ndlovu made an appearance comprises of five judges appointed by Chief Justice Bheki Maphalala to probe alleged gross maladministration, abuse of power and embezzlement of estate monies at the Master’s office.
Ndlovu disclosed that they realised that they were stuck and no one was winning in the impasse, they resolved to withdraw the matter out of the courts and amicably engage with late lawyer, Knox Nxumalo, who was initially executor that they since decided to address the estate within a family setting.
She said this culminated in her appointment as executor in September 2023. The businessman died on February 17, 2001, aged 68 and was survived by 16 children, including Hlobisile, who currently serves as a member of the Ludzidzini Royal Council. “We have already distributed up to 97 per cent of the estate under the wise guidance of the Master’s office, in particular Thomo who was more than willing to assist where necessary at all times,” said Ndlovu.
She went on to state that the only bone of contention had been monthly rentals of E80 000, which were collected at one of the properties where they only got E2.5 million and the family resolved to surrender the loss to avoid going to court. However, they had decided to allow the Master’s office to provide guidance as to what transpires with the rentals that had been collected after her father passed on. Luckily, Ndlovu mentioned that some of the properties that had been rented out to popular outlets such as Shoprite had kept the rentals in a trust account. Therefore, they were able to bring the money with ease.
She said the only setback was that due to the delays in winding up the estate some of the family members had lost out on properties, they had initially inherited then they formed part of the residue. The residue of the estate was bequeathed by the wife, Siphiwe Nelly Ndlovu.
At the time of the distribution of the estate, nelly had passed on due to COVID in 2021. She said that everything that fell into the residue was benefitted by her 10 children she birthed.
Leased
It was previously reported that Ndlovu’s will set strict terms and conditions for any of his children who gave birth before marriage.
Some of Calvin’s properties were leased out to businesses which included, but not limited to, Ellerines, Build it, Shoprite, Furniture Warehouse, UniCellular and Dunns. Others were Health Care Pharmacy, SS Tyres, Peak Butchery, Metro Salon, Jazz Time, AK Baz Investments, individual tenants at Killarney flats and tenants under property managers, Buzzby Services.
Master’s Office gets rave reviews from Hlobi
Ludzidzini Council member, Hlobisile Ndlovu expressed a strong sense of appreciation to the Master of the High Court’s office, in particular Master Phumzile Thomo, for superb service which has resulted in 97 per cent winding up of their father’s estate 23 years later.
Ndlovu said Thomo and her team went beyond the call of duty to assist in ensuring that the over E30 million estate was wound up in accordance with dictates of the Estate Administrations Act and any other legislation governing estates in the kingdom.
She said Thomo had been instrumental in providing guidance where necessary, more especially after the family resolved to withdraw the matter from court and come up with an amicable strategy.
Beyond
“The Master’s office has been very helpful. Had it not been for their active involvement even beyond office hours, we would not be where we are today in terms of distribution,” said Ndlovu.
Thomo said she was grateful for the positive feedback from Ndlovu.
“We welcome the appreciation from Ndlovu. At least there are clients who recognise the hard work.
“Such statements encourage us to work even harder in ensuring that all clients have their estates wound up within the stipulated time frame,” said Thomo.
Chairman of the Commission of Inquiry Supreme Court Judge Majahenkhaba Dlamini also commended Ndlovu for the impressive feedback.
“We are pleased to learn that the Master’s office has been of great assistance towards winding up of your father’s estate,” said Dlamini.
Since oral submissions before the commission commenced a fortnight ago, the Master’s office has come under fire for alleged verbal abuse to clients and acting in an unprofessional manner.
The bashing both at the commission and outside of work was to the extent that Thomo reported death threats to police over the estate of late legal eagle Colin Ntiwane which has failed to be wound up for the past 17 years.
Refuting
Thomo publicly made the disclosure that she had been forced to report death threats when refuting allegations to the effect she had allegedly been hostile to Sizakele Ntiwane, Colin’s widow, and made a mockery of her in full view of other officials at the Master’s Office.
“We are in a public office and must not be hostile to the clients we serve,” Thomo assured.
She said the matter was very emotional and toxic to the family but they were at a reconciliation state as they realised that they did not get proper advice from the individual attorneys. “They were giving each one of us what we wanted.
“Where there are attorneys the Master then becomes hands-off such that even transactions happen without the Master’s knowledge, thus resulting in the conflicts,” she submitted. “The family is now awaiting final distribution; they think the master is being held up by the commission.” Ndlovu also called on the master’s office to conduct civic education on will writing, especially for men.
… Commission’s gazette issued
A gazette officially appointing the Judicial Commission of Inquiry into the Master of the High Office has been issued two weeks after the commission assumed its duties.
The gazette, which has been seen by Eswatini Observer, was issued on Thursday February 1, 2024. The legal notice number 10 of 2024 was issued by Chief Justice, Bheki Maphalala. It stipulates that the commission commended their official duties on Tuesday, January 16, 2024.
The legal document states that Maphalala exercised section 139 (5) of the Constitution to announce commission which has been tasked into the complaints on operation of the Master’s Office. Maphalala said it was expected to determine whether there were any irregularities, undue enrichment, corruption and undue influence in the appointment of executors in contested estates and for the appointment of liquidators in the winding up of companies.
Maphalala said the appointment of judges, who will act as commissioners during the inquiry expected to last three months, followed an outcry by the public, particularly during the recent People’s Parliament that there was alleged maladministration and corruption at the Master’s Office.
The five judges who were appointed into the commission are; Supreme Court Judge Majahenkhaba Dlamini (Chairman), High Court Judge Mzwandile Fakudze (Deputy), Judge President of the Industrial Court of Appeal Justice Sifiso Nsibande (member), High Court Judge Maxine Langwenya (member), Industrial Court Judge Lorraine Hlophe (member) and High Court Registrar Siphiwo Masuku, who serves as secretary.
The commission’s function:
• The commission will inquire into, make findings, report on and also issue recommendations concerning the office of the Master of the High Court in accordance with the terms of reference. It will be expected to look into the following;
• Allegations of impropriety in the handling of deceased estates; winding up of companies and administration of the Guardian’s Fund
• Determine whether there were any irregularities, undue enrichment, corruption and undue influence in the appointment of executors in contested estates and for the appointment of liquidators in the winding up of companies
• To inquire into allegations of lack of accountability, effectiveness, efficiency and oversight in the execution of functions by officials employed at the Office of the Master of the High Court and to establish whether such officials received benefits whether directly or indirectly from estates of deceased persons and for were involved in any acts of corruption
• Inquire into allegations of embezzlement by officers employed in the Master of the High Court of estate funds and in particular those in respect of the Guardian Fund
• Consider whether there is a need to review the present legislative and operational framework relating to the Master of the High Court and to make recommendations on
• Remedial actions, if any, to address deficiencies identified in congruence with the terms of reference
• Any amendments to the current legislative framework to address deficiencies identified in congruence with the terms of reference.
For More News And Analysis About Eswatini Follow Africa-Press
