By Bahle Gama
Investigations by the Ministry of Home Affairs show that former Miss Eswatini Vinah Mamba-Grey’s second marriage certificate was not legitimately issued.
This was disclosed by her stepdaughter Jacklin Grey-Keel’s lawyer Marrisa Boxshall-Smith who had been called to answer before the Commission of Inquiry after Mamba had complained regarding her late husband William Grey’s estate.
In her first appearance before the Commission on February 5, 2024, Mamba stated that in 2001 she married her husband out of the community of property.
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However, this was changed in 2019 when they approached the office of the DC, and her husband wrote an affidavit confirming the change.
They received a new certificate of marriage in the community of property.
When she arrived at the office of the Master of the High Court, she found that a new marriage certificate created in 2023, had been submitted by her stepdaughter.
The certificate stated that she and her late husband were married out of property.
Mamba said she was taken aback by the certificate and went to the Ministry of Home Affairs as well as the DC offices.
At the Home Affairs office, she was tended to by a Maseko officer who allegedly told her Jacqueline’s lawyer had changed the certificate.
“This was done without my consent and signature, and this is a change that required my presence. I was never told why the change was made, but I believe it was meant to deprive me access to my husband’s estate,” Mamba said.
As a result, Mamba put in an urgent application against the Ministry of Home Affairs at the High Court and the matter is pending.
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She also reported the matter to the police in the fraud department and the matter was investigated.
On Monday, May 13, Smith told the Commission that an investigation by the Ministry of Home Affairs showed that the second marriage certificate was erroneously issued and thus was disowned by the Ministry.
In a report by the Principal Secretary (PS) Nhlanhla Nxumalo, the appropriate certificate was the first one of being married out of the property.
The Ministry stated that the law does not allow for the change of the marriage regime in the country.
Therefore, when the issue was raised by Grey’s daughter after his death, the Registrar of births investigated, resulting in the winding of the estate being halted.
According to the report by Smith, Mamba was called into a meeting by PS Nxumalo to explain how she managed to change the marriage regime on June 15, 2023, and she indicated that she and Grey had approached the office and requested advice on how to go about the process to change.
They were allegedly advised to write an affidavit, but she never disclosed who advised her, and that is when the Ministry issued a memo to stop the distribution to conduct a further investigation, before the findings of whether the certificate was issued legitimately.
Her stepdaughter also argued that the second marriage in the property certificate was signed by the same person who did on Grey’s death certificate, but clarified to the Commission that it was an observation, not an insinuation.
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The new certificate reflected a community of property marriage which was issued in 2019 before Grey’s death.
It was further disclosed that the affidavit allegedly written by Grey to consent to the change of marriage certificates was not signed.
When the Commission inquired who should be accountable for the error of issuing the second certificate, the lawyer responded that the Births, Marriage, and Deaths (BMDs) BMD office ought to be, but should be assisted by the necessary parties, including Mamba.
The lawyer submitted that the matter is still at the High Court, in that heads of argument have been filed by both parties and awaiting a date to return.
The Commission concluded that the verdict or order from the High Court be the determinant of how the estate would be distributed and winded up.
All the parties were advised to handle the situation amicably and find a way to resolve and distribute the estate without grabbing each other’s throats.