LATE gospel star Sfiso Ncwane's kids are taking their stepmum, Ayanda Ncwane, through the wringer.
They are demanding a share of their legendary dad's estate. They also demand Ayanda be removed as the executor of the estate because shes is dishonest and wants everything for herself.As a result, the two children have taken the matter to the Master of the High Court.
Snqobile Mzelemu and Sduduzo Dlamini, represented by his mum Pinky Dlamini, claimed their late dad would have continued to maintain them until they were self-sufficient.
Said Snqobile: "I've seen my dad's will. He left me with nothing, I'm not mentioned anywhere in the will. When he was alive, he maintained me through the Durban Family Court.
"But now that I'm older than 18 years of age, I no longer receive the money. I want my share from my dad's estate as I'm unable to support myself."
Pinky, on the other hand, said she wanted a share in Sfiso's estate for Sduduzo.
"I'm not working, therefore I can't maintain Sfiso's son. Currently, he depends on his grandfather's social grant and it's not enough," Pinky explained.
According to the SunTeam Sfiso's will should have been distributed a long time ago.
"When he was alive, he'd buy school uniform for Sduduzo and give him lunch money. From time-to-time, he'd visit him at school."
Insisted the source: "For the past three years, Sfiso's kids have been trying to reach out to Ayanda, but she ignores them. In 2018, they approached the Master of the High Court, to get what's due to them.
"They feel Ayanda wants to take everything for herself."
According to the will, seen by the SunTeam, the late singer gave all his assets to Ayanda and nothing to his first two kids.
It reads, in part: "I nominate my wife Ayanda Ncwane . . . as a guardian of all minor children and . . . it shall not be necessary for the guardian to furnish security. I give my house . . . and all its contents together with piece of land situated in Adams to my wife Ayanda Ncwane . . . I further give all the cars registered in my name at the time of my death to my wedded wife . . . Sanlam policy will be used as a cover for the house bond and I appoint my wife to facilitate the process."I give my music catalogue to my wife and this includes all benefits associated with the catalogue . . . I give a directive that my mortal remains be buried at Heroes Acre in Mayville, Durban . . . "The will was signed on 1 October 2016. Sfiso died on 5 December the same year. Added the mole: "There's a strong belief that Sfiso died without a will, and that someone else decided to write it after his death. Even if he wrote his will, it's invalid as Ayanda, who is also the beneficiary, signed it as the first and second witness. This invalidates it."
"Even if he wrote the will, it means his wishes weren't followed as he wanted to be buried at Heroes Acre in Mayville but was actually buried at Lalakahle Cemetery near Hillcrest."Said the second mole: "Sfiso had six kids and Ayanda knew them. Four of them were born out of wedlock. But in the death notice submitted in February 2017 by Ayanda to the Master of the High Court, Sfiso only had two kids, Umawenzokuhle Hubani Ncwane and Ngcweti Makadunyiswe Ncwane."
"It's clear she intended to sideline Sfiso's kids who were born out of wedlock." The source said Ayanda also failed to disclose Sfiso's assets to the Master of the High Court.
"In 2017, she submitted a liquidation and distribution account to the Master but intentionally misled the court," the informant commented.
She only disclosed a house, which is worth over R2 million, two old cars, a 2012 Mercedes Viano worth R561 932, a 2008 Range Rover worth R210 000, as well as furniture and household items worth R100 000."She failed to disclose Sfiso's recording company, Ncwane Communications, which is still operational. She failed to mention the vacant land in Adams, Durban, and all the cars. The kids feel she's not acting in good faith and must be removed as the executor."
According to documents from the Transport Department, Sfiso had five cars, including an Audi A4, VW Kombi, Mercedes-Benz Vianno, Land Rover L320 (Ranger) and Mercedes-Benz X166.
Lungelo Gcaleka, a lawyer for Snqobile and Sduduzo, said: "I can confirm the matter was referred to me, but am not in a position to disclose the details."
Sfiso's lawyer, Dr Mkhuseli Vimba said: "I can confirm Sfiso had a will and had chosen his wife as a sole beneficiary. But I'm not sure if Ayanda signed it or not as I wasn't present when it was drawn up. I'm also not sure if this is the same will that was presented to me at the time.
Mkhuseli said initially he was appointed by Sfiso as an executor of his estate.
"Sfiso approached me with his will, he asked me to be an executor of his estate but after his death I declined his offer. This is because, at that time I was starting my business and realised I wouldn't be able to do a good job for the Ncwane family. I then handed it over to Ayanda and advised her that whoever was appointed as an executor must have a good understanding of law as Sfiso's estate is complicated. I had no idea that she ended up becoming an executor herself."
Legal expert, Siphiwe Mncwango said: "A person can't sign a will if they're beneficiaries. It renders it invalid. The idea of signatures in a will is to safeguard against fraud, uncertainty and speculation. Secondly, a will must be signed by at least two witnesses in the presence of the person making that will.
The law acknowledges that two people can't have the same handwriting or signature.Therefore, it's against the law to sign twice as a witness.
If the Master of the High Court has already accepted such a Will then it can be challenged at the High Court for its validity.
Ayanda could not be reached for comment. She didnt respond to our SMSes and WhatsApp messages.
He went on to say: "If the executrix has failed to disclose all the assets of the deceased then an objection must be made at the Master of the High Court."