The Sunday News
Thulani Ndlovu Sunday News Correspondent
IN-FIGHTING among children of the late Chief Khayisa Ndiweni continues to tear apart the Ndiweni family with reports that they are involved in a bitter wrangle over the ownership of a herd of 700 cattle, Sunday News can exclusively reveal. The matter spilled into the High Court last week where Douglas, the second born among Ndiweni’s sons, sued his elder sister Lydia, demanding that she delivers nine heifers, two bulls and 117 calves.
Douglas through an urgent chamber application, alleged that he bought the herd of cattle in dispute from Lydia’s late husband. However, Bulawayo High Court judge Justice Martin Makonese dismissed the matter on the basis that the application was not urgent.
In terms of the final order sought, Douglas asked the High Court to permanently stop his sister from selling any cattle pending the case in dispute. However, Lydia argued that she was not disposing of the whole stock but a small number of the cattle to pay wages.
In addition to the Ndiweni intra-family dispute, members of the Mthethwa family, where Lydia is a daughter-in-law, are also suing her demanding a share of the cattle.
The herd is stationed at Khalanyoni Farm in Esigodini.
Douglas teamed up with Mavis and Thelma who are daughters-in-law to the Mthethwa family to jointly sue his sister. According to court papers, the late Mavis and Thelma’s husbands entrusted their cattle to Lydia’s husband who was the eldest brother in the Mthethwa family. They allege that she has refused to return the herd of cattle to them and she continues to dispose of the cattle by auctioning them.
Mavis is demanding seven heifers and 77 calves while Thelma is demanding 26 heifers and 250 calves from Lydia. Furthermore, Lydia is an executor of the estate of his late husband Jabulani Mthethwa (DRB 272/12). Douglas, Mavis and Thelma accused Lydia of attempting to dispose of the estate before winding it in terms of the High Court rules.
Through court summons Mavis asked the High Court to order Lydia to deliver 94 head of cattle to her as the cattle belong to her family.
“An order that if not complied with within 10 days of service, the Deputy Sheriff be and is hereby empowered to seek and obtain a fresh stock card.”
“An order that Lydia sign over transfer of ownership on the stock cards upon delivery of the cattle or collection of the same by the Deputy Sheriff failing which the Deputy Sheriff and plaintiff or her agents be and are hereby empowered to seek and obtain a fresh stock card,” said Mavis in court papers.
In addition Douglas demanded monetary compensation in place of the cattle in dispute. “Plaintiff claims for an order to deliver 128 head of cattle or alternatively payment of $77 600 being the value of the cattle if Lydia does not want to deliver the cattle,” said Douglas through court summons.
The bitter tussle in the Ndiweni family arose over a wrangle as to the legitimacy to ascend to the position of chief left vacant by the late Chief Khayisa.
Chief Ndiweni’s widow, Agnes crossed swords with his sons Douglas and Jorum when she convinced the Government to instal his last born son Nhlanhlayamangwe as substantive chief of Ntabazinduna.
According to reports the Ndiweni family has cattle which run into thousands.
