- Tina lost her husband and found ut that there were millions missing from his estate
- She is now in a legal battle with her late husbands business partner to reclaim the dividens
- The case is still in process and no agreement has been reached
The late husband, Prosper Mkwaiwa, of TV actress, Tina Jaxa and the consortium PulaNala Mining and Energy, has broken out into a war over Mkwaiwa’s estate.
Mkwaiwa was one of the shareholders and Jaxa has accused Mafika Sihlali chairman of the consortium of withholding dividends which were supposed to have been paid into Mkwaiwa’s estate.
These claims were rejected on the grounds that Mkwaiwa was not entitled to a payout. The reason for this is that he was fired before the dividends were declared.
Jaxa and Mkwaiwa were married in community of property. Even though they were separated for more than a decade, after a short illness, Mkwaiwa passed away on 31 January 2015 and she was appointed executrix of the estate.
When Jaxa’s lawyers were finalizing the estate that’s when she found out that Mkwaiwa was a shareholder in PulaNala Mining and Energy. Mkwaiwas’s portion of the dividends was said to be over R1.4 million, but was not paid over into his estate, allegedly as directed by Sasol and other shareholders. Now the fight was on!
The monies were paid by Sasol into the coffers of Sasol Limited and the transferred into the account of PulaNala Mining and Energy.
The reason for Mkwaiwa been fired, was allegedly for opening a parallel company and fraudulently redirecting approximately R90 000 into it. Confirmation was acknowledge by Sihali that the consortium did not pay Mkwaiwa’s protion into his estate due to him been fired.
On the eve of Mkwaiwa’s death, a case of fraud and forgery against Mkwaiwa was opened at the Sandton Police station by the consortium.
"We held a board meeting at the SizweNtsalubaGobodo offices in Woodmead where the board decided to fire him”.
"We also took a decision to press charges of fraud, forgery and theft against him at the Sandton Police Station on the same day, but unfortunately the case didn't go anywhere because after we opened it he died the following day," he said.
According to Sihlali, even though the consortium received dividends they were in the negative at the time and wouldn’t have paid anything over to Mkwaiwa’s estate.
"The dividends were paid about 18 months after he was fired, then how do you claim dividends? It doesn't make sense," he said.
Jaxa declined to comment further after she confirmed she asked PulaNala to pay the dividends into Mkwaiwa’s estate. She referred her lawyer Papi Nyapotse.
Mkwaiwa’s portion was engaged with the board of directors by Nyapotse.
"What we discovered was that the board instructed the chairman to deal with the issue”.
"But what we know is that the chairman failed to do that and the portion, which was supposed to have been paid into the estate's account, is not in PulaNala's bank account, it's not there”.
"We have an idea where the money could be," he said.
According to Nyapotse, the matter of the second installment of the dividends received last month allegedly has not been declared by Sasol, and will only be once the matter is resolved.
Confirmation from Matebello Motloung, spokeswoman of Sasol, that the dividends were declared last year.
"It is because of our matter and the other corporate governance issues at the consortium that they decided not to pay out the dividends which were supposed to have been paid out at the beginning of this year," he said.
"Yes, Sasol did declare a dividend in 2017, which was paid to its shareholders Tshwarisano and Sasol Limited respectively," she said.
She also confirmed they have not declared the dividends this year.
Granville Meyer, spokesman of the Sandton Police, confirmed that Sihlali opened a case of fraud against Mkwaiwa. Due to “undetected reasons” the case was closed a few days later.
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