adminMashudu Netsianda, Senior Court Reporter
FORMER Zimbabwe Broadcasting Corporation (ZBC) radio presenter, Alice Masuku, is locked in a legal wrangle with her late half-brother’s children over an estate.
Masuku is a former presenter of Inhlupho Zanamuhla, a Radio Zimbabwe programme which focuses on socio-cultural and economic challenges faced by families and individuals, especially widows and the disadvantaged in society.
In court papers, Masuku is alleged to have fraudulently inherited her late half-brother, Mbizo Masuku’s house in Old Pumula suburb after she allegedly purported to be the surviving spouse.
Mbizo’s son, Natsho, has since taken the matter to the High Court claiming to be the rightful heir.
Bulawayo High Court judge Justice Nokuthula Moyo granted Natsho leave for condonation of late filing of the application for review in the proceedings after she noted that Masuku was fraudulently appointed heir to the estate under the false pretext that she was Mbizo’s widow.
The wrangle has been dragging in the courts since the death of Mbizo 13 years ago.
“I believe like in this case where clearly fraud was committed in the registration and administration of the estate of the late Mbizo, which fraud is so glaring, resulting in the sister to the deceased being fraudulently named a wife and surviving spouse, cannot remain so on the basis that the applicant knocked on the court’s doors after a considerable amount of time had lapsed,” Justice Moyo ruled.
“Applicant avers that he is illiterate and can neither read nor write.
“The fraudulent registration of the estate of the late Mbizo saw applicant’s aunt being appointed the executor dative of the deceased estate.”
The judge ruled that there was a gross irregularity in the administration of the estate.
Mbizo died on December 4, 2002 and his sister Masuku was appointed heir to the estate, which includes his Old Pumula house.
Justice Moyo’s ruling follows an application for leave of condonation by Natsho, through his lawyers Samp Mlaudzi and Partners, challenging a decision by the then provincial magistrate Sikhumbuzo Nyathi who had ruled in Masuku’s favour.
“After hearing an objection to the appointment of Alice Masuku as heir to the estate of the late Mbizo Masuku, the objection is hereby dismissed. The respondent Alice Masuku is free to deal as she pleases with the immovable property house in Old Pumula,” Nyathi said.
Natsho then filed the application at the Bulawayo High Court citing Master of the High Court, Masuku and his mother, Mavis Lunga as respondents.
Natsho’s mother was customarily married to Mbizo for 43 years.
“Applicant avers that this, in fact, is not true as the deceased was single with only one child. The final liquidation and distribution account states that the assets in the estate of the late Mbizo Masuku comprising a house in Old Pumula are awarded to Alice in terms of the customary marriage to Mbizo. Applicant avers that, in fact, this is grossly irregular as Alice is the deceased’s sister and not his wife,” Justice Moyo said.
The judge ruled that the matter would be further reviewed for proper administration of the estate. According to court documents, Masuku was born Alice Lunga and adopted the Masuku surname when her mother re-married.
Online Reporter