News / Regional
Sindiso Mazibisa back in court
20 Apr 2016 at 06:52hrs | Views
A 64-YEAR-OLD woman has taken former Cheda and Partners lawyer, Sindiso Mazibisa, to court for allegedly embezzling $40,000 which was part of her share from her late son's estate.
The woman, whose son died in South Africa three years ago, allegedly approached Mazibisa to assist her with the legal processes to acquire the money from an estate executor in the neighbouring country.
Patricia Wonyana of Kezi village in Matobo district, has through her lawyer, Godfrey Nyoni of Nyoni and Moyo Legal Practitioners, filed a court application at the Bulawayo High Court seeking an order compelling Mazibisa to pay back the money.
The elderly woman wants Mazibisa to pay her $40,000 with five percent interest per annum calculated from July 1, 2013, when he allegedly received the payment from South Africa.
Mazibisa allegedly received the money from the South African executor and instead of transferring it into Wonyana's bank account, he allegedly blew it.
In her founding affidavit, Wonyana said despite having acknowledged the debt, Mazibisa has failed to pay back the money.
"Mazibisa acknowledged that he owes me the sum of $40,000, which we agreed upon as the equivalent of R400,000 as at 2013 and we signed a deed of settlement to the effect," said Wonyana.
In terms of the deed of settlement signed on September, 30, 2015, between the two parties, Mazibisa had agreed to pay the woman $5,000 per month beginning October 31, 2015.
He allegedly failed to honour the terms of the agreement.
In his defendant's plea, Mazibisa said although he acknowledged the debt, he denies that the money was due and payable.
He claimed that there was a payment plan for him to pay in tranches of $5,000 per month starting end of this month.
"It was the parties' agreement and understanding that once I recover the money in South Africa, then the payment plan as stated in the deed of settlement would come into effect. I expect payments from South Africa with effect from April 30, 2016 by which time Wonyana will receive payments in terms of the agreement," said Mazibisa.
However, Wonyana's lawyer said Mazibisa received the money in 2013.
He said Mazibisa's defence was solely aimed at delaying court processes and frustrating her efforts to recover the money.
The woman, whose son died in South Africa three years ago, allegedly approached Mazibisa to assist her with the legal processes to acquire the money from an estate executor in the neighbouring country.
Patricia Wonyana of Kezi village in Matobo district, has through her lawyer, Godfrey Nyoni of Nyoni and Moyo Legal Practitioners, filed a court application at the Bulawayo High Court seeking an order compelling Mazibisa to pay back the money.
The elderly woman wants Mazibisa to pay her $40,000 with five percent interest per annum calculated from July 1, 2013, when he allegedly received the payment from South Africa.
Mazibisa allegedly received the money from the South African executor and instead of transferring it into Wonyana's bank account, he allegedly blew it.
In her founding affidavit, Wonyana said despite having acknowledged the debt, Mazibisa has failed to pay back the money.
"Mazibisa acknowledged that he owes me the sum of $40,000, which we agreed upon as the equivalent of R400,000 as at 2013 and we signed a deed of settlement to the effect," said Wonyana.
He allegedly failed to honour the terms of the agreement.
In his defendant's plea, Mazibisa said although he acknowledged the debt, he denies that the money was due and payable.
He claimed that there was a payment plan for him to pay in tranches of $5,000 per month starting end of this month.
"It was the parties' agreement and understanding that once I recover the money in South Africa, then the payment plan as stated in the deed of settlement would come into effect. I expect payments from South Africa with effect from April 30, 2016 by which time Wonyana will receive payments in terms of the agreement," said Mazibisa.
However, Wonyana's lawyer said Mazibisa received the money in 2013.
He said Mazibisa's defence was solely aimed at delaying court processes and frustrating her efforts to recover the money.
Source - chronicle
