SBS DEMANDS E768 000 FROM JAN SITHOLE, WIFE

MBABANE – Former Member of Parliament (MP) Jan Sithole and his wife, M. Maphatsa Sithole have been taken to court by Swaziland Building Society.
The bank wants the court to direct the couple to pay it a sum of E767 928.46.

According to the bank, the aforementioned amount was in respect of monies it allegedly lent to Jan in July 2009.
Jan is also the President of the Swaziland Democratic Party (SWADEPA) but he has not been taken to court in that capacity.
Swaziland Building Society stated that its claim against Sithole’s wife was because she allegedly bound herself as surety and co-principal debtor for any and all debts her husband owed to it.

These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendants (Jan and his wife) are yet to file their papers in the event they are disputing the claim against them.
The bank wants the court to order the duo to pay the sum of E767 928.46 with interest at a rate of nine per cent per annum from August 1, 2019 to the date of final payment.

Particulars

In its particulars of claim, the plaintiff (Swaziland Building Society) is further praying for an order declaring a property belonging to the couple executable.
“Declaring Lot No.1 278 in Manzini Extension No.13 ( Madonsa Township), measuring 1 000 square metres, held by Mortgagor  under Deed of Transfer No.655/2009 dated October 2009, executable,” reads part of the particulars of claim filed by the bank’s lawyer from Robinson Bertram.

In the particulars of claim, Jan and his wife were informed that if they disputed the claim and wished to defend the action, they should within 10 days of service upon them of the summons, file with the registrar of the High Court their notice of intention to oppose. They were further advised that if they failed to file and serve notices as aforesaid, judgment might be given against them without further notice.

The matter is still pending at the High Court.
Last year, a car dealership obtained an order to attach a motor vehicle, which was purchased by the former Manzini North Member of Parliament, after he allegedly skipped payments.

After the car was attached by a messenger of the court, 100 Stars Investments (Pty) Ltd is said to have resold the vehicle, a purple Mazda Demio (2006), registered TSD 992 AS, to a third party.

Jan rushed to court to stop the company from selling the vehicle to a third party but his application was dismissed by High Court Judge John Magagula.
Other respondents in the matter were the national commissioner of police and the attorney general.

According to Jan, he said he purchased the car on December 20, 2017 at the Matsapha premises of 100 Stars Investments at the value of E45 000.

Balance

He submitted that he bought the car on hire purchase. Sithole said he paid a sum of E25 000 and the balance of E20 000 was to be settled in instalments of E3 333.
The former legislator informed the court that on April 16, 2018, he obtained a judgment against him which had been filed ex parte (without his knowledge) for the attachment of the car.
He stated that upon receiving the judgment, he handed the vehicle, since it was to be attached, to a messenger of the court.
Since the order to attach the car was issued on an interim basis, Jan submitted that he opposed that it be confirmed because his intention was to pay the balance of E20 000 on or before June 30, 2018, which was the last date the payment was to be settled.

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