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WOMAN WANTS E180 274 FROM ZONKE MAGAGULA

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MANZINI – Attorney of the High Court Zonke Magagula has been taken to court for allegedly neglecting to pay back a sum of E180 274.92 to Phindile Carol Sihlongonyane.

This comes after Sihlongonyane allegedly entrusted him with registering the transfer of property into her name but Magagula allegedly failed to do so.
Sihlongonyane alleged that she and Magagula, who is a former acting judge, concluded a contract in 2015, in which Magagula was to transfer immovable property on her behalf, described as Plot 502 Acarcia Street, Coates Valley in Manzini. 

According to Sihlongonyane, the agreement was that Magagula would provide legal services in that he would draft and prepare a deed of sale in respect of the aforesaid property.
He would further register and effect the transfer of the property into Sihlongonyane’s name and honour any undertaking given in respect of effecting the transfer.
Sihlongonyane submitted that Magagula in his legal services, would also attend to and do all that was necessary and required by law to ensure that the transfer was effected in accordance with Sihlongonye’s instructions and terms stipulated in the deed of sale.

“The plaintiff (Sihlongonyane) will pay transfer costs to the defendant (Magagula) in the sum of E180 247.92 (one hundred and eighty thousand two hundred and forty seven Emalangeni and ninety two cents) for effecting the transfer of the property” reads the agreement. Sihlongonyane said it was an implied term of agreement between her and Magagula that he would perform the services in a proper and professional manner, and without negligence and that in carrying out such mandate, he would effect the transfer with the due diligence expected and in accordance with his skill as a conveyancer. She added that it was her obligation that upon registration of the transfer of the property into her name, she would then pay Magagula the sum of 180 247. 92 in respect of transfer costs.

“The defendant duly assumed the mandate given to him by the plaintiff and acted as the plaintiff’s attorney in the aforesaid transaction and delivered to plaintiff a deed of sale which was duly executed on January 12, 2016,” she submitted. Pursuant to their agreement, Sihlongonyane reportedly discharged her obligations in terms of the agreement for the provision of legal services and paid by bank transfer the sum of E180 247.92, being in respect of transfer costs.
She said the sum transferred to Magagula was in fact trust fund which he had a strict duty not to utilise other than for intended proposes. She explained that the use of these funds by the defendant would be highly reprehensible and deserved censure.
 These are allegations contained in an affidavit whose veracity is yet to be tested in court. The plaintiff is yet to file his responding papers. Sihlongonyane is represented by Magagula, and Hlophe attorneys.






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