COURT EVICTS DISRESPECFUL MAID

MBABANE - It took a court order for a home owner to evict a maid who helped herself to her chickens and disrespected her.

Prisca Gungubele Dlamini of Luyengo said the maid, Tsiwani Troller Ndzinisa, refused to leave her homestead despite several attempts to get rid of her.
Dlamini said the Luyengweni Royal Kraal declined to assist her and she decided to take the maid to the Magistrates Court. In her papers filed in court, Dlamini indicated that she wanted an order to be issued for the eviction of Ndzinisa from her homestead.

She also wanted the court to authorise members of the Royal Eswatini Police Service (REPS) to assist in the eviction of Ndzinisa from the homestead and that she be interdicted from harassing her. 

The matter was heard by Magistrate Philisiwe Simelane, who ordered Ndzinisa be evicted from the homestead forthwith. The magistrate also ordered the police to assist in the eviction of the maid.

In her application, Dlamini informed the court that she inherited her parental homestead since she was not married and that she had no male siblings.
Ndzinisa, according to Dlamini, was hired by one of her nieces who no longer resided at the homestead.  Dlamini told the court that she was in charge of the homestead in terms of Swazi Law and Custom since her parents did not have a son. Dlamini referred to Ndzinisa as a former employee and helper who was paid by the niece who had hired her. Ndzinisa, according to Dlamini, was allocated a house within the homestead which she has remained in occupation of ever since she arrived in 2012.

She said Ndzinisa refuses to leave notwithstanding that her services were terminated in that the people who hired her had long left the homestead either to their marital homes or constructed residences elsewhere.

Hired

Dlamini submitted that in particular, her niece, who hired Ndzinisa, had constructed a home in Mankayane and relocated there with her children.
“The employment relationship was long terminated between the plaintiff (Dlamini) and the first defendant (Ndzinisa), however, the first defendant refused to vacate the plaintiff homestead and chose to continue staying at plaintiff home despite the termination of the employment relationship,” Dlamini submitted.

She informed the court that since 2015, Ndzinisa has been acting strangely and was rude towards her. According to Dlamini, Ndzinisa’s behaviour towards her led to her applying for a peace binding at the magistrates court but she continued to provoke her.

Dlamini pointed out that Ndzinisa was not shy of insulting her and threatening her with violence. She said she has been in and out of hospital as a result of stress, high blood pressure and heart-related illnesses resulting from constant provocation.

She stated that Ndzinisa did as she pleased and was aggressive towards her, and slaughtered her chickens without her permission.
“First defendant is helping herself to the chickens belonging to the plaintiff and when asked about same she would rudely admit slaughtering the chickens and challenge the plaintiff to a fight.

“Several demands have been made to the first defendant to vacate the home but she continues to stay and cause havoc to the plaintiff,” said Dlamini.

Refused

She informed the court that she approached the Luyengweni Royal Kraal which, however, refused to entertain her on the basis that the matter was private in that it emanated from a private agreement.  According to Dlamini, Ndzinisa was now a trespasser in the homestead because her permission to be there was withdrawn when she (Dlamini) assumed ownership of the home. Her stay now, according to Dlamini, is against her will and it is unlawful.

 Dlamini also submitted that Ndzinisa refused to leave despite several meetings which were held for her to vacate the homestead. The order to evict Ndzinisa was issued on Monday.

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