2 JUDGES RECUSE THEMSELVES FROM DUMISA ESTATE MATTER

 MBABANE – Two Judges have recused themselves from late tycoon Dumisa Mbusi Dlamini’s matter in the Supreme Court.

The matter is an appeal against the stoppage of the sale of properties owned by companies in which Dlamini was a shareholder. The judges are Justice Jacobus Annandale and acting Justice Judith Currie. The judges recused themselves on November 27, 2018.

They presided in the matter together with Justice Benjamin Odoki. The matter was postponed to a date that is to be fixed by the registrar.
The recusal of the judges came after EswatiniBank filed an application that they remove themselves from the matter following their previous involvement in the proceedings.

The duo was either involved as a judge, in the case of Judge Annandale, or acting Judge Currie, as an attorney.
The companies in which Dlamini was either a direct or indirect shareholder are Marshall Campbell (Pty) Ltd, Matlock Estates (Pty) Ltd and Pircadie Estates (Pty).

The bank, which is represented by Mangaliso Magagula of Magagula and Hlophe Attorneys, is a creditor in Dlamini’s estate and it claims to be owed money in excess of E27 million.

EswatiniBank is opposed to the sale of properties owned by the aforementioned companies since the estate itself is yet to be wound up.
It is appealing the High Court’s decision to stop the sale of the properties by public auction pending compliance with statutory requirements and approval of the sale by the shareholders of the companies.

Dlamini’s matters have been ongoing since 2004.
EswatiniBank Managing Director Zakhele Lukhele said Judge Currie had acted as a legal representative of the trustees of Dlamini’s estate, who were subsequently removed by an order of the High Court and replaced by Sibusiso Motsa.

Recognised

He also said Judge Currie acted as an attorney for the previous trustees who were recognised, by an order of July 2004 issued by the High Court, as trustees of Dlamini’s estate.

Lukhele further told the court that pursuant to that order, the trustees sold a number of farms and properties belonging to Dlamini between 2004 and 2007.
According to Lukhele, the previous trustees were removed by a court order dated May 27, 2016 after they failed to account for monies realised from the sale of Dlamini’s properties.

The millions worth of properties, Lukhele said, were sold by the previous trustees and they did not account for a cent of the money.
Lukhele further said an investigation by Motsa revealed that despite the previous trustees having sold properties worth millions, they allegedly only deposited a sum of E1.8 million to the estate bank at Standard Bank.

He also stated that Judge Currie’s offices were opposed to the removal of the previous trustees. Lukhele said this contradicted what the judge allegedly stated in chambers that she last acted for the former trustees in 2009.

The MD went on to submit that the judge was, in May 2016, paid a sum of E8 438 at a time when the court had ordered her clients, the previous trustees, to revoke signing powers in the bank account of Dlamini’s estate.

Lukhele said said the judgment which is appealed against in the current matter contains findings which have a bearing on the matters decided in the previous judgments where Judge Currie was acting for the then trustees and Judge Annandale expressed an opinion.

In the opposing affidavit, Lawyer Lindifa Mamba submitted that prior involvement of Judge Currie and Judge Jacobus Annandale did not support the contention that they were in danger of departing from the standard of even-handed justice.

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