Africa-Press – Eswatini. Manzini businesswoman Sebenzile Mkhatshwa was forced to seek the intervention of the High Court after her ‘stokvel’ colleagues forcefully took items valued at E37 900 from her house.
Mkhatshwa, a female business person of Sterksroom behind St Michael’s High School in Manzini, filed the exparte application before Judge Titus Mlangeni and was granted some of her prayers.
Four of the respondents in this matter have been cited as partners of the ‘stokvel’ in question and are said to be operating their business in Manzini.
According to Mkhatshwa, they were a group of eight women when they formed the ‘stokvel’ driven by a desire to financially boost one another as thriving businesswomen. She also informed the court that most of the members of the stokvel are hawkers.
“I hasten to mention that basically, we orally agreed that each member would contribute an amount of E15 000 per month in what we termed luholiswano. We all felt comfortable with the arrangement based on each individual’s income capacity. The exercise or practice went on smoothly until the 5th June 2023 when I encountered financial problems, hence could not meet my obligation as per the group’s arrangement,” she said.
Mkhatshwa further told Judge Mlangeni that the contributions for that month were supposed to be directed in favour of Philile Masika who is cited as the first respondent in the matter. Masika allegedly received contributions from the other members except for Mkhatshwa.
“I informed the members, particularly the first respondent that I was facing some financial challenges as I was currently recovering from a car accident and the financial strain associated with fixing the car. Actually, all the members were aware of the accident.
I informed them I was in the process of applying for a loan from my bank to stabilise my financial obligations. As if they had been waiting for me to mess up and victimise me for whatever is only known to themselves, the respondents could hear none of my explanations even when I suggested the first respondent should keep my vehicle until I settled the amount of E15 000. They indicated that they would deal with me their own way.”
Mkhatshwa alleged that subsequently, the respondents decided to go to her bottle store in Matsapha where they are reported to have ransacked the cashier for any available money at the till. They were allegedly only successful in retrieving E1 000 from the till.
“I am advised and verily believe the said amount belonged to the business (Ka-Sipho bottle store), not myself as Sebenzile Mkhatshwa in my personal capacity as a member of the stokvel,” she said.
affidavit
The applicant further accused the respondents of manifesting their behaviour by taking the law into their own hands, stating that no one had allowed them to take the E1 000 from the cashier at her business.
“Respondents further forced myself to sign an affidavit undertaking to pay the balance of E14 000 on or before the 17th June 2023. The said affidavit is in their possession. I hasten to add that I signed the affidavit against my will only hoping that probably by chance, something would come up while still waiting for the loan to be approved only to find that I had to start the application afresh,” she said.
She submitted that the technical delays in processing the loan at the bank had given the respondents an opportunity or justification to take the law into their hands using the said affidavit, which they thought empowered them to dispossess her of the household items in question.
The items that were allegedly forcefully taken by the respondents included a black Ecco Smart television (E7 000), leather brown sofa set (E22 000) and black kelvinator refrigerator (E8 900).
brandishing
“The above mentioned items were unlawfully taken from my possession at Sterksroom behind St Michael’s by the respondents on Sunday the 18th June at around 6:30am.
I am told by my children that they were in the company of a man driving a for-hire in which they loaded the furniture. I am told by my children that the respondents threatened them with violence brandishing the said affidavit boasting that by virtue of same, they are allowed to remove the above listed items.
I wish to state clearly that I did not allow the respondents nor anyone to breach the law, precisely to unlawfully take my household items.”
The applicant stated that even if they had the affidavit probably willingly signed by herself, they could not take the law into their hands the manner they did.
“I am further advised that they ought to obtain a court order and such order would be executed by a lawfully appointed deputy sheriff or court messenger, not this mafia style operation to which they exposed my children. I am advised and verily believe that for purposes of the present application, I need only to inform the honourable court that I was in undisturbed and peaceful possession of the items and I was unlawfully dispossessed of same by the respondents.
I reiterate that the items were taken against my will and I am no longer in possession of same. I want the items back in my house. I submit that I could not offer any meaningful resistance since I was away and only my children were in the house.”
She stated that the respondents resorted to ‘self-help’ since they were not in possession of a court order when taking the items. Mkhatshwa said in view of the nature of the relief sought, she had reasonable fear that if the respondents were to be given notice of these proceedings, they would hastily dispose of the items or damage them just to ‘fix’ her.
Judge Mlangeni granted Mkhatshwa some of her prayers, including an order directing the first to fourth respondents to restore possession of the household items removed from her house. The national commissioner (Natcom) of police was further directed to instruct his subordinates at Manzini Police Station to assist the deputy sherriff in enforcing the court order and to maintain law and order during the return of the mentioned items.
The deputy sherriff was also ordered to forthwith serve the respondents with the notice of motion along with the interim court order to explain the full nature and exigency thereof.
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