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A BULAWAYO family is reportedly failing to execute the estate of its relative because a city mechanic is holding onto a truck and a trailer which are part of the estate. Charles Gondo (39), of 11 Evershan Road, Southwold is demanding payment for repairing the truck and storage fees from 2009 to date after the owner, Ngoneni Mafu, died in 2011 before paying for the services.
Gondo yesterday appeared before Bulawayo magistrate Mr Takundwa Witness Mtetwa to answer to charges of contravening sections of the Deceased Person’s Family Maintenance Act.
He was not asked to plead and was remanded out of custody on his own cognisance to today.
The State would seek to prove that sometime in 2009, Mafu took his truck and a trailer to Ivoro Auto Shop, trading as Truck Tech situated in Belmont for repairs.
The court was told that on 30 November of the same year, Mafu died while in South Africa before paying for the repairs.
On 13 March 2011, Mr Honest Mafu was appointed the executor of his father’s estate by the Deputy Master of the High Court and the truck and trailer were listed as part of the estate property.
Mr Mafu then went to Truck Tech intending to collect the said property but allegedly met stiff resistance from Gondo who demanded to be paid for the repairs and storage fees. The court was told that the Deputy Master of the High Court convened a meeting with the two parties on 16 August this year and Gondo agreed to hand over the property to Mr Mafu.
The accused’s legal representative, R Ndlovu and Company allegedly drafted a letter on 29 August indicating that the truck and trailer were to be released on 5 September.
Mr Mafu reported the matter to the police when Gondo later refused to release the property.
Mr Malvern Nzombe is representing the State.
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Bongani Ndlovu