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COURT STOPS SCOPING FOR E10 BILLION PROJECT

01/06/2017 08:43:00 BY KWANELE DLAMINI

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MBABANE – The High Court has stopped the scoping meeting scheduled for today for the E10 billion Gecko Eco City Gardens Development project at Ngwenya.

This follows an order that was issued by Judge Mbutfo Mamba yesterday. This was after businessman Richard Khanyile rushed to court for an order to stop the scoping meeting that was scheduled for today at Ngwenya Town Board.
Khanyile said there is a pending case in court where he has filed two claims against the executor of the estate of the late Lion Sihlongonyane, Alpheus Sihlngonyane, for the transfer of a number of properties to his name.
The properties he has filed claims in respect of include Portion 51(a portion of Portion 9) of Farm No.1 007 Droxford Estate situated at Ngwenya where the E10 billion Gecko Eco City Gardens Development project will be located. Expressions Architects and Steve Hall Development Consultants (Pty) Ltd have been cited as the architects of the project. The businessman alleged that he purchased the five-hectare property in 1999 from the wife of the deceased, Mimi, who is also now deceased.

The veracity of these allegations is still to be tested in court. Derrick Jele of Robinson Bertram represents Khanyile. Tinsimbi Holdings, who have been cited as the developers of the property, is still to file responding papers. Khanyile said the pending matter was part heard before suspended Judge Mpendulo Simelane. The businessman submitted in his founding affidavit that it appeared as though the executor had sold the property which forms part of the pending matter in the High Court to Tinsimbi Holdings (Pty) Ltd. “This is unlawful and cannot be countenanced by this court, because the third respondent (Alpheus) is clearly aware that he cannot sell that property, which is subject of the litigation while the matter is still pending in court. In the event that it is true that he has sold the property, it is my humble submission that this court has the power to set this aside because the third respondent is trying to defeat my claim under High Court case No.712/2011,” said Khanyile. He further stated that Tinsimbi Holdings was equally guilty of allegedly buying a property that is subject of litigation. Khanyile alleged that the Master of the High Court was fully aware of the pending matter.

He mentioned that Tinsimbi Holdings should have enquired from the Master of the High Court about the status of the property it was purchasing.
“The first respondent cannot be allowed to buy a property that is subject of litigation,” he further said. According to Khanyile, he instituted legal proceedings in May 26, 2014 against Alpheus regarding the transfer of the said property, and others, to his name.
He said on April 13, 2007, he came across an advertisement in the Times of Swaziland in which the Human Settlement Authority was notifying members of the public that Tinsimbi Holdings had lodged an application with it to establish a human settlement known as Gecko Eco City Gardens Development on Portion 9 of Farm 1 007.