LATE CHIEF’S WIVES BACK MINISTER’S ESTATE POLICY

MBABANE – The three wives of the late Chief Sibengwane Ndzimandze have said Minister of Justice and Constitutional Affairs Sibusiso Shongwe was right on the estate policy.

The wives are Titselo Dzadze Ndzimandze, Joyce Ntombi Ndzimandze and Thandi Rose Ndzimandze.
 The applicants are the 17 children of the late chief who ran to court to challenge the minister over the estate policy.

Cabinet

They, however, decided to withdraw the matter after Prime Minister Sibusiso Barnabas Dlamini announced that Cabinet had decided to withdraw the policy forthwith because Shongwe had pronounced it without following procedure.
Chief Justice Michael Ramodibedi recently ordered the continuation of the matter where the policy introduced by Shongwe was being challenged.
He further ordered that the matter be heard on August 28, 2014 by a full bench.

In their answering affidavit, they (wives) submitted that Minister Shongwe was right to outline the contents of Section 34(1) of the Constitution because it was a superior law as opposed to the Administration of Estates Act.

Section 34(1) of the Constitution provides that a surviving spouse is entitled to a reasonable provision out of the estate of the other spouse whether the other spouse died having made a valid will or not and whether the spouses were married by civil or customary rites.
The wives based their argument on this section of the Constitution.

“The question would be what is reasonable in the circumstances?
“For instance;  is it reasonable for a wife to be treated as a child when it’s time to share an estate? Our strong belief is that it is not,” submitted the wives.

“The bone of contention is contradiction between Section 34(1) of the Constitution of Swaziland Act No1 of 2005 and Section 2(3) of the Interstate Succession Act No3 of 1953,” they stated.
One of the wives, Titselo, stated that as wives and executors of the estate they were called by the office of the Master of the High Court, Siteki branch.

She alleged that at the Master’s office they were advised that the gratuity of their late husband had been deposited with the office.

Formulae

She further submitted that the officers at the Master’s office namely; one Mr Mamba and Thembi Gwebu advised them on the formulae to be used in distributing the estate.
“I submit that they were the ones who did the calculations. They proceeded to draw the distribution and liquidation account.  

“According to the calculations, we were allocated E30 000 each. We were very comfortable with the said calculations,” Titselo said.
She alleged that after a few days the said officers called them (wives) to appear at the Master’s office where they told them there was an error in the calculations and the formulae used.

“The officers advised us that the formulae to be used was that we were each entitled to a child’s share. We were then ordered to sign an account which in our view was wrong,” Titselo submitted

The wives said it was their duty and mandate to draw and sign the account and not to be ordered by the officers of the Master.
They alleged that they refused to sign the account since they objected to the formulae used and calculation.
“Our objection mainly was that we cannot be treated and be entitled to what our children were being paid. We are the widows having been married.

“The conduct of the Master undermines our marriage which is in terms of Swazi Law and Custom,” submitted the wives.
The wives of the late chief stated that they genuinely believe that the treatment was unfair, discriminatory and inconsistent with the provision of the Constitution.

“This is especially because such cannot be said to be a reasonable share,” they submitted.
They stated that they then advised the officers that they were proceeding to report the matter to the authorities.
“We went to lodge our complaint with the honourable minister of justice and constitutional affairs, in particular because we were never satisfied with the manner and formulae in which the distribution was done,” submitted the wives.

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