The Judicial Commission of Inquiry into the operations of the office of the Master of the High Court has dismissed complaints concerning the paternity of one of the late Mshamndane Benjamin Sibandze’s children.
The commission found that the issue was unsustainable in the absence of a court order or DNA test.
Sibandze, a former regional administrator and deputy prime minister, died on January 13, 2021, leaving behind four children, three daughters and one son, Rodwell Vusani Nsibandze.
The paternity issue arose because, although the deceased’s surname was Sibandze, Vusani’s birth certificate identifies him as Nsibandze. The certificate, however, records the deceased as his father.
The report stated that a warning was subsequently entered against Vusani’s name in the death notice filed with the Master of the High Court, stating: ‘Pending paternity test’.
The commission found that there was no substantive legal basis for continuing to question Vusani’s status as a child of the deceased.
“In the view of the commission there is no serious legal challenge to Vusani’s paternity, no matter what he or anybody else might say, short of a court order or a DNA,” the report states.
The issue was initially raised during the first next-of-kin meeting, where Vusani reportedly questioned its relevance. The Manzini Assistant Master, Makhosazana Mdluli, subsequently referred the matter to the family for consideration.
The commission later concluded that the paternity question, if it remained outstanding, should be treated as a ‘non-starter’, particularly in light of Vusani’s birth certificate naming Sibandze as his father.
The finding formed part of the commission’s broader assessment of complaints and litigation surrounding the administration of Sibandze’s estate.
Vusani had also challenged the validity of a joint Will made by Sibandze and his late wife, Bhacile. The couple had been married in community of property under civil rites and had appointed the surviving spouse as executor.
The Will provided that, if neither spouse survived, their three daughters, Phumzile, Bongiwe and Busisiwe, would serve as co-executors. Phumzile and Busisiwe were eventually confirmed in that capacity.
According to the commission, Vusani subsequently approached the High Court seeking an order declaring the joint Will null and void. He had previously lost a related High Court matter and appealed to the Supreme Court in 2023, but the appeal was struck off the roll after he failed to file the record within the prescribed period.
A subsequent High Court matter was dismissed on the basis that the earlier appeal remained pending because it had been struck off rather than dismissed.
The commission questioned the usefulness of Vusani’s litigation, particularly given the potential consequences of having the Will invalidated.
It reasoned that if the Will was declared invalid and Sibandze deemed to have died intestate, the estate would be distributed differently.
Should Vusani subsequently be found not to be the deceased’s child, he could lose his entitlement, leaving the three daughters as beneficiaries.
The Commission cautioned that such litigation could ultimately benefit attorneys at the expense of the estate and should therefore be discouraged.
The paternity issue was again raised before the commission on March 14, 2024, when Vusani appeared alongside Lydia Nkosazana Sibandze and Artwell Dlamini.
Vusani presented himself as the deceased’s son, while Lydia supported his position. She reportedly claimed that she and Vusani had been adopted by the late politician.
Vusani also alleged that the Will presented to the family had been forged and complained that members of the extended family had been excluded from meetings concerning the estate. He reportedly pointed to the date on which the Will was signed on October 17, 2005, and the death of his mother, Bhacile, two days later, on October 19, 2005.
He further complained that his sisters, who were appointed executors, denied that he was one of Sibandze’s children.
The estate comprises five plots, three in Manzini and two in Mbabane, with an estimated value of E16.2 million. Movable assets, including motor vehicles, mechanical farming equipment and firearms, were valued at approximately E469 000, excluding funds held with various financial institutions.
By August 2024, the executors reported that the liquidation and distribution account was being contested, although the earlier court proceedings had dealt specifically with the validity of the Will.
The commission also noted that the Master’s report dated April 14, 2025 contained a liquidation and distribution account that had been approved by the office, although it was the first and not the final account.
In its final assessment, the commission dismissed the complaints as unsustainable, including the paternity issue, effectively clearing the way for the continued administration of the estate.
