Swazi Observer

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JUDGE MUMCY REMOVED FROM HEARING MASUKU ESTATE MATTER

By SIFISO DLAMINI | 2023-02-09

High Court Judge Mumcy Dlamini has been removed from presiding in the case of the late Christian Gunka Masuku’s estate dispute.

The Masuku children have been embroiled in the dispute that has been dragging on for over 20 years.

The decision was taken by the Supreme Court of Appeal in a ruling issued on Tuesday, where it observed that Judge Mumcy ignored several notices of appeal filed against various decisions she had made in proceedings heard before the High Court relating to the same parties.

This was after Tee Douglas Masuku moved an application calling upon the Supreme Court to exercise its supervisory jurisdiction in the civil proceedings heard by the High Court.

This is in the matter where Douglas and his other siblings have taken their sister, Lobusuku Grace, to court contesting her being sole executor of their father’s estate.

Douglas alleged that Lobusuku appointed herself as the executor following the passing of the executrix, their mother.

Lobusuku, the first respondent, is alleged to have further denied her surviving siblings’ access to their mother until she passed.

While exercising its supervisory jurisdiction, the Supreme Court ruled that it was manifest, plain and obvious that Judge Dlamini was patently erroneous.

According to the judgment, the judge was erroneous in purporting to recall an order she had allegedly made, which was already pending before the Supreme Court after having been appealed against.

Christian Gunka Masuku died interstate in August 2001, leaving behind his wife, Lizzie Lulu Masuku and their eight children; Gcebile Clearance, Franklin Macimeza, Busisiwe Magareth, Charles Ngubo, Lobusuku Grace, Tee Douglas, Zee Catherine and Zanele Nonhlanhla.

Christian’s wife was appointed executor taking over from her son, the initial executor of the same estate, Douglas, who is the applicant in the current matter.

Following Lulu's advancement in age, she appointed her daughter, Lobusuku, her agent by means of a power of attorney. This is being challenged by her siblings who argue that this decision should have been decided collectively as a family.