By Bahle Gama
More lawyers continue to be ‘named’ and ‘shamed’ in matters implicating them before the Judicial Commission Inquiry probing the office of the Master of the High Court.
As a result, the office of the Master of the High Court was ordered to facilitate the deed transfer of a customer who purchased land from an unwinded estate.
This follows the complainant Fundi Dlamini told the Commission that he bought land from an executor in an unwinded estate dating back to 1982.
However, the executor never issued a title deed which has caused Dlamini a problem.
The executor in question is Emmanuel Zondi who was appointed to oversee his mother’s estate Vivian Zondi who died in 1982.
Dlamini said he saw the land being advertised in the newspaper and he contacted Emmanuel, and a sale was facilitated through Ben J Simelane’s attorneys in 2006. He purchased the land at E150,000.
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The land located at Ngwane Park in Manzini had very old structures which were deemed dilapidated by the Manzini Municipality which Dlamini was ordered to rehabilitate or demolish.
This was with the intent to ensure that the structures on the land were up to the municipality’s standards.
“The structures were old indeed, so I decided to remove the roofing because it was old and took to my homestead at Kwaluseni. I would maintain the grounds now and then to ensure it was neat,” he said.
Only until a certain Saturday when he had gone to clear the grounds, he found that the structures had been roofed again and people were moving in.
When he inquired, he found that they were relatives to Emmanuel who told him they had nowhere to go, even though they were aware that the land had been sold to Dlamini.
Dlamini said he enquired about the title deed from Emmanuel such that he gate-crashed a meeting at the Master’s office where Ben J was also available to discuss the issue about the title deed.
“Master told them to fix the paperwork since I had occupied the land after the sale,” he said.
Later, he followed up on the deed and went to Ben J’s office where he was given a letter about paying E9,000 for transfer costs.
Dlamini said he was baffled because he did not understand what the costs were for when he had no land transferred to him, evidence being the unavailability of a title deed.
He then wrote a letter to Master to follow up as Emmanuel had disappeared and is reported to be residing in neighbouring South Africa, leaving the estate unwinded.
He stated that what irks him is the inability to send packing to the people currently residing on his land because everywhere he reports the matter including the police he is told there is no title deed, therefore there’s not much that can be done.
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The Commission advised Dlamini to put an application compelling the transfer, wherein he can serve Master and further present the evidence of the payment for the land as per the receipt from Ben J Simelane Attorneys.
The Assistant Master stated that the estate remained unwinded because Emmanuel disappeared and was nowhere to be found.
“We also wrote to Ben J inquiring about the sale and the process of transfer,” said the assistant master.
The Commission advised that Master should appoint another executor within the family instead of an attorney as it will be costly for both Dlamini and the estate.
“Master must facilitate this process because the estate sold Dlamini the land, therefore should be hands-on with the transfer,” ordered Commissioner Majahenkhaba Dlamini.
