By Bahle Gama
The Judicial Commission of Inquiry was left baffled after a man arrived to report that he did not want to share his father’s estate with his sons despite the contents of the will left behind.
Vusi Mndzebele from Malkerns told the Commission that he is entitled to all of his father’s assets and his sons should not get anything despite being beneficiaries through a trust fund as per a will left behind.
The estate belongs to Samuel Mndzebele who died in 2018 leaving behind six children, including Vusi who was the only child who benefitted along with Samuel’s grandchildren.
He told the Commission that the will gave him a portion of land and a vehicle, the rest was to go to the trust fund where all Samuel’s grandchildren are to benefit.
He argued that the executor and UNESWA lecturer Dr Comfort Mndzebele was not properly appointed but did not delve into the details and insisted that the Commission summon him (Dr Comfort) to answer for his alleged conduct.
The Commission enquired what Vusi’s grievance was, and he said the executor had not properly disposed of the assets, as one of his father’s vehicles had been sold without his knowledge and consent.
Due to the back and forth and unclear grievances, the Commission requested that Vusi submit the will, but he said it was not in his possession, “I did not think the Commission will need it.”
Assistant Master Makhosazane Mdluli submitted a copy that was in Samuel’s file which disclosed that the deceased left about a hectare of land to Vusi which is where his house is built and a vehicle.
About E1 million cash in the bank and the rest of the farm is to be put into the Samuel Trust which will benefit all his grandchildren.
Mdluli disclosed that Vusi’s children were responsible for looking after Samuel when he was on his deathbed until he passed on, whilst he (Vusi) did nothing, only to show up claiming his inheritance.
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One of Vusi’s children who is a farmer and has been since his grandfather was alive told the Commission that his father refuses that he develops and grows the business on the portion of the farm that belongs to the trust fund.
“He used to cut trees on the portion of land that belongs to the grandchildren. I had to write to a magistrate requesting a peace binding order because he was always fighting with the children involving police,” she said.
She stated that the main problem is not the office of the Master but Vusi, because the estate has been winded up.
With the assistant of the executor, a sub divider was hired to cut Vusi’s portion, but he keeps crossing from the side given to him to destroy properties of the other side.
Mdluli reiterated that Vusi is fighting with his two sons who are part of the grandchildren that are meant to benefit from the estate.
“He is the cause of whatever issues persist in the estate, I’ve had several meetings with the family and these two boys who happen to be his sons were taking care of their grandfather, whilst Vusi who is married residing within the farm did nothing,” she said.
he stated that the money was transferred to the trust according to the will and the farm be formally transferred to Vusi and the estate’s name.
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Vusi’s son, Vukile told the Commission that his father is not cooperating with the contents of his grandfather’s will and refuses to listen to the executor.
“I am a farmer and when customers come at home, he harasses them.
The last time I was building a chicken shed and he chased the builders away and destroyed the structure that was being built.
We ended up at the police station at Malkerns but I ended up dropping the charges because he is my father and I had hoped he would change.
Him saying the estate has not been winded up is false.
Master tried to assist us as a family,” Vukile said.
He confirmed that his grandfather had ordered a subdivision and divided the two homes, but his father refused and wants everything to be his.
When the Commission asked whether Vukile’s submission was true, he confirmed and stated that the children would get the farm as stated in the will once the distribution had been fully done.
“I think it will be their property once the distribution has been done. Until then everything is mine, kusekhaya kitsi lapha,” he said nonchalantly.
The Commission requested that the executor be summoned once he is fully recovered as he was reported to be ill by the Assistant Master, hence his unavailability at the Commission on Monday.
