VICTOR’S MILLIONS: WIFE CHALLENGES DISTRIBUTION

MBABANE – The beneficiaries in the multimillion estate of the late businessman Victor Gamedze will have to wait much longer before they receive what is due to them.

This comes after his wife; Princess Lungile filed an objection with the Master of the High Court where she is challenging the manner in which the estate was distributed. 

What gave birth to her objection was the decision of the executor to bequeath to her a child’s share as per Section 2(3) of the Intestate Succession Act of 1953 (Act 3 of 1953).

Share

The Section provides as follows: “If the spouses were married out of community of property and the deceased spouse leaves any descendent who is entitled to succeed ab intestate the surviving spouse shall succeed to the extent of a child’s share.”

In her objection to the Master of the High Court, Princess Lungile contended that with Gamedze, they were married through civil rites.  This is, however, being disputed by the executor in his response to her objection. According to the response by the executor, there was no marriage certificate to substantiate that the couple was married through civil rites save for the confirmation by her in-laws that she (Lungile) was traditionally wed.

Lungile further argued that with the late Gamedze, they were in a universal partnership and that Gamedze was successful because of monies from her entrepreneurship skills and her personal wealth.

A universal partnership is one that includes all the present and future property of the partners and all burdens or losses which are incurred by either partner or that is exemplified by the community of property between husband and wife under Roman Dutch law or the civil law. 

From the estate of her late husband, Lungile wants to be given a half share on top of the child’s share. Lungile avers that Section 2(3) of the Intestate Succession Act of 1953 which the executor employed when apportioning her share from the estate of her late husband offends against Section 34 of the Constitution.

Constitution

Section 34 of the Constitution provides that:  A surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the spouse died having made a valid will or not and whether the spouses were married by civil or customary rights.

The objection by Lungile now means that the distribution of the multimillion estate will not proceed until the Master of the High Court makes a decision.
If she (Lungile) is not satisfied with the about decision of the Master she may tentatively approach the High Court to seek legal recourse.

The executor of the estate, Derrick Jele, declined to comment on the matter, saying it would not be prudent for him to say something as the issue was now being dealt with by the Master of the High Court. The distribution of the estate has been characterised by court application.   

Lungile and her two daughters, Tiyandza and Temalungelo, once filed an application where they were seeking an order compelling Nosipho (also Gamedze’s daughter) to undergo a paternity test.

The court, however, found that Nosipho was Gamedze’s biological daughter.
This also resulted in the executor obtaining an order  directing the acting  national commissioner of police and the director of public prosecutions (DPP) to release to him a piece of about 10 centimetres of the blood-stained T- shirt which Gamedze was wearing when he was shot dead.

The piece of the blood-stained T-shirt was used to determine the paternity of Nosipho and Zayne Wandile Littler, whose identities were being questioned by Gamedze’s wife, Lungile. 

The tests, which were conducted in South Africa, confirmed that they were biological children of the late businessman.

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