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VICTOR’S WIFE WANTS MDLADLA OUT

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MBABANE – The late Victor Gamedze’s wife, Lungile now wants the executor of the estate to step down.


Lungile claims that the executor, lawyer Sidumo Mdladla, was no longer acting in the interest of her and her children.
Through her attorney, she has since written to the Assistant Master of the High Court for the Lubombo Region, Cebsile Ngwenya, asking her to stop the liquidation and distribution account of shares to Swazi Mobile.


According to Lungile, the beneficiaries of the estate will suffer prejudice if the 20 per cent shares are sold for E20 million yet they are allegedly worth E200 million.


Mandate


She claimed that the executor of the estate was acting outside the confines of his mandate.
“I demand that you immediately resign your executorship of my late husband’s estate that is before close of business on Friday, January 1, 2019,” stated Lungile in the letter that was also copied to the executor.


Some of the allegations contained in the letter from Lungile’s attorneys could not be repeated as their veracity is still to be tested.
“Kindly furnish us with an undertaking that you will not approve the Liquidation and Distribution Account of the Swazi Mobile shares, failing which we will approach the court on urgent basis for an appropriate relief,” reads part of the letter from Lungile’s lawyers, dated December 24,2018.


When sought for comment, Mdladla  who seemed not to be moved by the allegations, said he had received the letter and out of respect for Gamedze, he would not say anything.


This is not the first time for Lungile to make a hue and cry about some of the beneficiaries.
Last year, she filed an application challenging a woman who claimed that she was the biological daughter of the late businessman. She wanted the woman, Nosipho, to undergo a DNA test.


In her application, Lungile stated that if Nosipho felt that the DNA test was disgusting, she should voluntarily relinquish her claim to inherit from the estate. Nosipho is the woman who claims to be the biological daughter of the late businessman and she wants to benefit from his estate worth millions of Emalangeni.
Through her attorney, Mlungisi Khumalo, Gamedze’s wife, Lungile, filed an application at the High Court where she was seeking an order compelling Nosipho to undergo the DNA test.


Nosipho is vigorously opposing the matter and she is of the view that Lungile’s application was not of trying to find the truth but was about public humiliation.
 In her application, Lungile argued that the court had powers to compel Nosipho to undertake a paternity test.


She contended that the first respondent’s (Nosipho) rights to dignity and privacy might be limited where it was necessary and justifiable.


Justifiable


According to Lungile, in the present case, it was reasonable and justifiable to compel Nosipho to undertake a paternity test, since her rights did not supersede the interests of the minor child, which were protected by Section 29 of the Constitution and the Child Protection and Welfare Act.


She averred that it was fair to say the allegations in Nospipho’s answering affidavit amounted to conjecture, insinuations and innuendos.
“The first respondent is bringing up a contrived and false notion that the deceased is not my husband and that Tiyandza and Temalungelo were not his biological children,” submitted Lungile. She told the court that it was insulting and embarrassing in the extreme that Nosipho had the audacity to make such unfounded and spurious allegations.


 Lungile said she would not burden the court by responding to all the irrelevant and vexatious allegations contained in Nosipho’s answering affidavit.
She told the court that it was not her intention to embarrass and humiliate Nosipho but her only request was that she should undergo a paternity test.
According to Lungile, Nosipho failed to state what prejudice she was going to suffer by submitting to a paternity test.


“We submit that her refusal to do a DNA test might affect her credibility,” argued the applicants.
She said it was in the best interest of all the beneficiaries that Nosipho undergoes a paternity test. Lungile pointed out that Nosipho could submit herself for paternity test at Ermelo Provincial Hospital in South Africa.


Lungile averred that she and the two children had a locus standi because their direct and substantial interest in the paternity of Nosipho as she filed a claim against the estate of the late businessman.
The matter is currently awaiting judgment from Judge Nkosinathi Maseko. Nosipho is represented by lawyers from Henwood Masuku Nsibande Attorneys.

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