BY SIFISO NHLABATSI
MBABANE – The Judicial Commission of Inquiry into allegations of impropriety, maladministration and abuse of power at the Office of the Master of the High Court has called for a child to be reimbursed E682 771 after an officer at the Master’s Office allegedly fraudulently claimed the entire inheritance due to the child.
The Commission has further recommended that the criminal case against the officer be pursued and that she be surcharged, noting that she apparently remains an employee of Government.
The matter concerns the estates of the late Patrick Bafana Sihlongonyane (EH192/2004) and Sibongile Sihlongonyane, born Christie (EH60/2005).
According to the Commission’s report, one of the deceased’s children was due to receive E682 771 from the estates. The amount included interest and was being held in the Guardian Fund.
However, the Commission was told that an officer at the Office of the Master successfully and fraudulently claimed the entire amount due to the child.
“The Commission was told that an officer at the office of the Master successfully fraudulently claimed the whole amount due to the child,” the report states.
The Commission was further informed that the officer was arrested and appeared in court, where she was admitted to bail. However, the criminal trial has not commenced since she was admitted to bail in 2018.
The report states that, despite the alleged fraudulent withdrawal, the child had not been reimbursed.
The Commission has therefore placed responsibility on Government authorities to ensure that the matter is resolved and that the child receives the money that was ordered to be repaid.
“The Commission recommends that the Master must ensure that the criminal matter is pursued by the Director of Public Prosecutions,” the report states.
It further recommends that the Attorney General ensure that the officer is surcharged, particularly because she apparently remains employed by Government.
The Commission also states that the Attorney General must ensure that Government complies with a High Court order directing that the child be reimbursed.
“Following a decision of the High Court directing that the child be reimbursed, the Attorney General must ensure that Government makes payment as ordered by the Court,” the report states.
The case forms part of the Commission’s broader findings concerning alleged impropriety in the administration of deceased estates and the Guardian Fund.
The Commission found that the Guardian Fund was likely to show a deficit, with the reconciliation process still ongoing when the report was compiled.
According to the report, the Master admitted towards the end of the Commission’s work that mistakes had been made in paying some beneficiaries from the Guardian Fund. The Master also admitted that money had been unlawfully withdrawn from the Fund.
Although arrests had been made in connection with some of the unlawful withdrawals, the Commission noted that no one had been surcharged for the losses and that the money remained unaccounted for.
The Commission also raised concerns about whether the Guardian Fund was kept in an interest-bearing or investment account capable of adequately cushioning the Fund against its obligation to pay statutory interest of 6.5 per cent per annum on payouts due to minors.
The Sihlongonyane estates were among cases cited by the Commission to demonstrate the problems identified in the administration of the Guardian Fund.
Another case involved the late Hebert Dube (E342/1994), where the identities of three beneficiaries were allegedly copied and an attempt was made to claim their inheritance using identity documents matching those of the beneficiaries.
The Commission was told that the attempted fraud was unsuccessful and that no money was paid to the fraudster. It was further informed that an officer at the Master’s Office was responsible for the attempted fraud, although the effort was intercepted.
The Commission recommended that the matter be reported to the police for further investigation.
The report said the case demonstrated the exposure faced by the Master’s Office when deceased estates are not followed up and closed within the periods provided by legislation, particularly where there is inadequate supervision.
However, the Sihlongonyane matter stands out because the alleged fraudulent claim resulted in the loss of E682 771 belonging to a child and because a High Court decision has already directed that the child be reimbursed.
The Commission has consequently called for the criminal proceedings to be pursued, the responsible officer to be surcharged and Government to honour the court order by reimbursing the child.
The recommendations form part of the Commission’s broader examination of alleged impropriety, maladministration and abuse of power at the Office of the Master of the High Court, which was established by the Chief Justice under Section 139(5) of the Constitution in February 2024.
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