Top lawyer sucked in estate scam

A TOP Bulawayo lawyer has been sucked into a suspected scam involving the illegal transfer of a local businessman's estate. Stanley Bruce Alfred Longhurst, a former partner a renowned Bulawayo law firm, Web, Low and Barry Legal Practitioners, was dragged to court by Ms Rumbidzai Ndiweni who is the surviving spouse of the late businessman, Khulekani Ndiweni.

Mr Longhurst was a partner at the law firm until 31 December 2015.

He has since resigned from the partnership and now runs his own firm called Longhurst, Boyce and Company. The error is sincerely regretted.

Rumbidzai through her lawyers Mutuso, Taruvinga and Mhiribidi Legal Practitioners, filed an urgent chamber application at the Bulawayo High Court citing Longhurst, Silk-Cut (Pvt) Ltd, Patrick Ndiweni, the Master of the High Court and the Registrar of Deeds as respondents.

Patrick who owns Silk-Cut is Rumbidzai's brother-in-law who jointly owned the properties with the late businessman. The properties include seven houses in Hillside. Rumbidzai, in her founding affidavit, accused Longhurst of unlawfully conveying two of the houses into Silk-Cut (Pvt) Ltd. The properties were registered under the late Khulekani Ndiweni Estate.

"I am the surviving spouse of the late Khulekani Ndiweni whose estate is registered under DRB 442/12 who passed away on May 4, 2012. Before my husband's death we were blessed with one minor child and therefore my son and I are the only recognised beneficiaries of the estate. I have a substantial and direct interest in the administration of my late husband's estate," said Rumbidzai.

Khulekani co-owned the properties with his surviving brothers Patrick and Michael.

Rumbidzai said Longhurst deliberately transferred the two houses into Silk-Cut's name despite having been informed by the executor of the estate that the properties were under the control of the Master of the High Court.

"It was agreed between the parties that instead of selling all the properties belonging to the estate and the two brothers, it would not be expedient but also just and equitable if the parties agreed to share the properties amongst themselves with each person dealing with their apportioned property in a manner which they deem fit," she said.

Rumbidzai said the two houses were sold and fraudulently transferred into Silk-Cut at the instance of Longhurst and Patrick. She said she only learnt of the scam after stumbling upon a public notice which was issued by the Bulawayo City Council in the newspaper intending to dispose of the two properties.

"It is my suspicion that it is Patrick who caused Longhurst or perhaps the two acted in collusion to ensure that the ownership of the properties is transferred to Silk-Cut. This is premised on the fact that Longhurst, a seasoned senior lawyer and conveyancer of this honourable court who has more than 15 years of practising must have known that he could not use a Power of Attorney that has elapsed to cause transfer of the property," argued Rumbidzai.

She said Longhurst had no mandate from her late husband to transfer the properties and he acted in bad faith. Rumbidzai said Longhurst transferred the properties without consulting the Master of the High Court.

Rumbidzai sought to have an order interdicting Patrick and his company, Silk-Cut from disposing of the two properties. She also wants the Registrar of Deeds to be ordered to place an XN caveat on the other five properties.