Property sale dispute involving Welshman Ncube

The Bulawayo High Court has reserved judgment in a case in which Professor Welshman Ncube, leader of the Citizens' Coalition for Change (CCC), is being sued over alleged non-remittance of proceeds from the sale of three properties valued at a combined US$640,000.

The urgent chamber application was filed by the administrators of William Trust, who are seeking to prevent the transfer of the properties to the respective purchasers. Prof Ncube's law firm, Mathonsi Ncube Law Chambers, was appointed as conveyancer to facilitate the transfers.

Court documents indicate that two properties were sold to the Seventh-Day Adventist Association of Southern Africa, while the third was sold to Estrier (Private) Limited, a company owned by CCC interim secretary-general Sengezo Tshabangu. The first property, Lot 1 of 11A Matsheumhlope, measuring 5,323 square metres, was sold for US$260,000 to Estrier (Private) Limited. The second property, 136 Marimba Road, Matsheumhlope, was sold for US$250,000 to the SDA Association of Southern Africa, while the third property, the remainder of Lot 3 of Lot 11A measuring 8,670 square metres, was also sold to the SDA Association for US$140,000.

The trustees of William Trust, represented by Reginald Dawson, allege that the full purchase price paid to Mathonsi Ncube Law Chambers was not remitted to the Trust. "Professor Ncube was appointed the conveyancer and he breached the contract. We did not receive the proceeds from the sale of the three properties. No money was remitted to us and we therefore demand our money," the trustees submitted. They argued that the failure to remit the full proceeds constituted a breach of the sale agreements and sought an interdict to stop the transfer of the properties.

Advocate Lucas Nkomo, representing the SDA Association of Southern Africa, told the court that his client had paid the full purchase price in accordance with the agreements of sale. "The SDA Association of Southern Africa paid the full purchase price into the bank account of the appointed conveyancer and that of Mr Dawson. We followed the terms of the agreement of sale. The seller has to deal with the conveyancer. We are an innocent purchaser," Adv Nkomo argued.

Prof Ncube, through his lawyer Zibusiso Ncube, opposed the application, describing it as irregular and lacking a proper cause of action. "The applicant is being dishonest. One does not require a court order to cancel an agreement. The court does not supervise agreements between parties. Notably, the applicant does not even specify the amount it claims is outstanding and acknowledges that it received money from the third respondent," he submitted, asking the court to dismiss the application with costs.

Justice Bongani Ndlovu reserved judgment, indicating that a ruling will be delivered at a later date.