ESTATE AGENT STOLE MY FARM – EX-AG

MANZINI – Former Accountant General Elliot Sihlongonyane alleges that he has been robbed of his farm and further defrauded by an estate agent.

He alleged that the estate agent approached him and offered to sell on his behalf Portion 7 of Calaisvale II No.693
The estate agent is alleged to have sold Elliot’s farm for E1.5 million but only deposited E1 million into his account.

The former accountant general has since taken the estate agent and her company to court where he is seeking an order rescinding and setting aside the transfer of the farm situated in Manzini.
Elliot is represented by Thabiso Mavuso from Motsa Mavuso Attorneys in Manzini.

Respondents in the matter are the estate agent, Xolile Sihlongonyane who runs a company trading as The Property Shop and the buyer of the farm Mfanawenkhosi Dlamini.
In his application Elliot stated that sometime towards the end of December 2013,  he was approached by a certain lady who was a complete stranger to him, who introduced herself as Xolile Sihlongonyane.

Agency

He said the lady informed him that she was working for an entity called The Property Shop whose business was that of estate agency.
“The said Xolile Sihlongonyane requested to do business with me to engage her agency to sell my farm (a certain portion 7 of Farm Calaisvaile II No. 693 in Manzini),” he stated.
Elliot said he bought the farm from its previous owner; Joseph Khalalempi Mndzebele in 1994 for a sum of E170 000 and same was transferred to him in June 1996 under Deed Transfer 210/1996.

“I must mention that I was not selling my farm when Xolile approached me and I had never advertised it as being for sale. I was left wondering as to how and why she picked me out of all people on earth,” alleged Elliot.
He said on the first day Xolile approached him, he did not agree to anything but told her that he would consider her proposal.

Elliot said Xolile then requested his cellphone number and he had no problem giving it to her.
“Nevertheless, since I am now retired and of advanced age, I had at some point contemplated that I would subdivide my farm and sell a portion thereof while retaining the other portion for my dwelling and livestock which grazes on the farm,” he said.
These are allegations contained in an affidavit whose veracity is still to be tested in court and the estate agent is yet to respond.

Proposal

He alleged that soon thereafter Xolile would increasingly call him insisting on her proposal to sell the farm on his behalf.
Elliot said he eventually agreed that she (Xolile) first subdivide the farm the sell the other portion, while leaving enough land for him and his livestock on the other portion.
He submitted that on January 2014 he received a call from the said Xolile requesting to meet him in Mbabane to sign an agreement in terms of which he (Elliot ) gave The Property Shop a mandate to sell the property on his behalf.
Elliot said in terms of the agreement it was agreed that the agent should subdivide his farm and then sell the portion at the highest price attainable, which was E1.5 million.

“The agreement mandate was signed in the presence of a certain lady whom the said Xolile introduced as a business partner with whom she works with in the estate agency,” he stated.
Executed
He informed the court that in the afternoon of the very same day on which he had executed the agreement mandate, he was called by the said Xolile who requested him to sign certain documents as part of the transaction.
“Indeed I met Xolile at Nando’s in Mbabane and she produced some type –written document, without affording me an opportunity to read it as she said she was rushing somewhere. She would tell me ‘sign here; produce another page and tell me ‘sign here’  and this happened page by page until I had signed a lot of pages,” he stated.

 Transferred

He said by the time he had to transfer,  it appeared that the property being transferred was Portion 8 of Farm Calaisvale II No.693 which he reasonably believed it was a subdivision  of Portion 7 as per the agreement. `
“Sometime after the execution of the power of attorney, I discovered that a sum of E1 million had been deposited into my account.

“I enquired from the agent and she said it was for the property they sold for me at E1.5 million. I kept waiting for the balance but it never came,” he stated.

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