WeeklySA_AdminCLAIM: Relatives frustrated over delay in distributing assets belonging to the tycoon to some of his children and niece…
By Thuli Zungu
The death of a Johannesburg millionaire has triggered a battle for his estate among members of his family. The multi-million-rand estate under contestation belongs to businessman Norman Mbelengwa, who passed away after an illness in July last year.
Fighting for a stake in Mbelengwa’s estate are his niece, Tshifihwa, and his twin daughters, who are being assisted in their claim by his brother, Peter Mbelengwa, while the late businessman’s wife, Jennifer, holds the reins as administrator of the estate.
Consumer Eye has seen letter addressed to the Master of the High Court in which the administrator states that the deceased had a number of financial investments with various banks amounting to several millions of rands.
Mbelengwa says his family was unhappy that, though his brother’s wife was appointed administrator on August 26 last year, she had strangely opened and taken documents from her hubby’s safe on August 10 prior to her appointment. He has since opened a criminal case following what he describes as an unlawful opening of his brother’s safe, he says.
He says his brother, at the time of his death, had twins born out of wedlock, who had a valid claim against his estate, but the administrator had not approved or said anything about their situation.
Compounding matters is that his brother’s will is apparently missing, which Mbelengwa says is highly suspicious. “My brother was a commissioner at the CCMA and I believe he had a Will he kept in his pin encoded safe which they grinded opened,” Mbelengwa says.
He says inside the safe was a signed document offering to purchase of one of his brother’s houses by his niece, which whole family including his wife knew about. But the twist to this saga is that, when the niece, Tshifhiwa, and twins mother tried to file her claim through attorney Lufuno Ndouvhada, they discovered that the file was missing at the Master’s office.
However, the Master of the High Court, has since indicated that the file is not missing, but that the administrator had not submitted the liquidation and distribution account instead, and threatened to remove her as an executrix (administrator) of the estate if she did not comply.
Among other alleged irregularities, Mbelengwa also accused the law firm of his brother’s wife of submitting a Section 26 (1A) application to the Master’s office, requesting authorisation a payment of R388 474. The message was reportedly relayed via a WhatsApp to a cellphone belonging to an official in the Master’s office, instead of filing it in accordance with the rules.
“I was shocked when I received a whatsapp message in which the court official told Pule Pule (Mrs Mbelengwa’s lawyer) to bring this application to their office as their office is an office of record,” says Mbelengwa.
Though Mbelengwa claims on behalf of the twins and niece are allegedly not captured with the Master’s office, attorney Pule Pule says they will be attended once their attorney filed their claims, and proof that Tshifiwa bought the house.
Consumer Eye has seen the offer-to-purchase document allegedly signed by the businessman and proof of bank receipts showing a total payment of R140 000.
“Investigations including follow ups into the missing file continue to draw blanks” says Mbelengwa.
Steve Mahlangu of the Department of Justice and Constitutional Development confirmed Mbelengwa’s file is not missing, but said the administrator was in default as she had not submitted the liquidation and distribution account within six months after she was appointed, as required by law.
“This account was due on or before 28 February 2022 but to date the Master has not received it and the Executrix is in default,” he says.
Pule Pule Incorporated Attorneys as her agent was expected to assist her with the administration of the estate and lodging of the Liquidation and Distribution account in terms of Section 35 of the Administrations Act 66 of 1965, he says.
The Executrix accounts to the Master through her Agent by submitting the liquidation and distribution account, he says. It is in this account where all assets or claims in favour of the estate such as investments and administration costs and liabilities are reflected, he explains.
This account also includes a distribution account to ensure that the estate is distributed according to either the Intestate Succession Act 81 of 1987, which was the case here as no Last Will and Testament was lodged or in terms of an accepted Last Will (which was not lodged, if any).
According to the Master’s Office, the surviving spouse was correctly appointed in terms of the law. The Master authorised her to liquidate and distribute the Estate of the late Mbelengwa, he says.
“The Executrix has the authority to either accept, dispute or reject any claims made against the estate in terms of the law and that power lies with her alone and not the Master,” he says. Mahlangu confirms that the Master had DNA results, showing that the probability of the deceased being their biological father is greater than 99.999 %.
“This means that depending on the value of the estate, the minor children may well stand to inherit together with all other children any residue from it,” says Mahlangu.
LAWYER’S RESPONSE
Pule Pule denied that he forcibly opened Mbelengwa’s safe but says he procured the service of a lock-smith to open it as the keys could not be found, despite a diligent search by staff at the bottle store. No documents were found in the safe that relate to Tshifhiwa and needed proof of this allegation, he said.
He said his firm would ensure that the inheritance of the two minors was distributed in accordance with the Administration of Deceased’s Estates Act.
However, he could not assist their mother until her attorneys filed the written claim against the estate, in order that it may be proved and the Master’s consent for such distribution sought and obtained.
With regard to the allegation of Mbelengwa’s niece’s claim against the property of the deceased, he said he would not comment any further on it, except to state that the niece’s claim had not been lodged with his firm. “We however, hold instructions to vigorously oppose her claim unless she provides us with a valid title deed to prove her entitlement to the property.
He says he was not aware of the missing file, but added that “It would appear, however, that Mr. Mbelengwa was the last person to obtain the file from the Masters Office, given the fact that he is currently seized with the above-mentioned letter”.
He also blamed Ndouvhada attorneys of being uncooperative as he had on several occasions asked them to file a written claim on behalf of their clients, the mother of twins and Tshifhiwa.
On the other hand, Luvuno Ndouvhada accused Pule of being uncooperative, adding that she was also assisting Tshifhiwa with the property she bought from the deceased as she had been paying municipality rates for it.
She said the administrator later acknowledged knowing about the house and the agreement between Tshifhiwa and her uncle.
Ndouvhada said Tshifhiwa told them that the deed of sale was inside her uncle’s safe together with an affidavit agreeing that transfer would be affected after full-payment, and has proof.
“We then went to the Master’s Office to retrieve the file, which proved to be a futile exercise,” said Ndouvhada. She says the contents of the file were not showing on the system, including the documents submitted to report the estate of which under normal circumstances they are supposed to be showing on the system.
Ndouvhada says they then drafted an objection letter against the estate, to preclude the estate from being wound-up as they did not know what was going on and without the file.
She says the objection letter was submitted in December 2021, the file was still missing, and they were informed that the moment they find it they would be informed. We furthermore submitted another letter in January 2022 even though the Master’s office could not retrieve the file.
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