Former ITB Chairman Loses Appeal to Repay £30 Million
What Happened?
Sipho Ngwenya, the former chair of the Ingonyama Trust Board (ITB), was ordered by the Pietermaritzburg High Court to pay back £30 million that was moved out of the trust. He tried to appeal that decision, but the court rejected his request.
Why the Court Said No to the Appeal
Missing Affidavit
The judge pointed out that Ngwenya never filed an affidavit explaining where the money went. An affidavit is a sworn statement that would have shown his side of the story.
Technical Arguments Didn’t Help
Instead of providing the affidavit, Ngwenya raised technical points about the law firm that represented the trust. He questioned whether Strauss Daly Incorporated had the right to act for the ITB and asked them to prove their mandate under Rule 7(1).
Failure to Follow Court Orders
When the court asked him to file that affidavit on the Rule 7 issue, he did not comply. His lawyer, Credo Mlaba, used this non‑compliance to get an order that quashed Ngwenya’s defense.
Court’s Decision on Repayment
The judge ordered Ngwenya to repay the £30 million within 30 days. The court also said that his attempts to avoid paying were “dead and legally unjustified.”
Judge’s Reasoning
No Real Chance of Success
Justice Rajkumar Nirghin said there was no reasonable prospect that a higher court would reach a different conclusion. Because Ngwenya failed to give a proper explanation for the money’s transfer, the appeal had little chance of winning.
Final Statement
The judge concluded: “I am not satisfied that an appeal court could reasonably reach a different conclusion than this court. The applicant’s application for leave to appeal must be dismissed.”
Conclusion
The case shows how important it is to follow court procedures, especially providing required documents like affidavits. Ngwenya’s refusal to file the needed affidavit and his reliance on technical arguments led to the dismissal of his appeal and a clear order to return the money to the Ingonyama Trust.
