The National Times - Durban Court Appoints Liquidator for MaMkhize and Mpisane Joint Estate

The Durban High Court has appointed Eugen Nel to administer the division of the joint estate between socialite Shauwn "MaMkhize" Mkhize and her ex-husband, Sbu Mpisane. The appointment follows Mkhize’s failure to nominate a liquidator as previously ordered by the court.

Acting Judge ED Mnyongani granted Mpisane’s unopposed application on Tuesday, directing Nel to identify, collect, and distribute the former couple’s joint assets equally between them. Mkhize did not file papers opposing the application, allowing the judge to proceed with the implementation of a court order granted in November last year.

That earlier order had directed that a liquidator oversee the division of the estate. However, after Mkhize failed to appoint one, Mpisane, represented by Strauss Daly Incorporated, returned to court to enforce the directive. The application process faced delays; it was initially adjourned sine die on April 13, with the court instructing Mpisane to strengthen his papers and present the matter as a straightforward application for the appointment of a liquidator rather than an attempt to revisit the earlier order.

Nel has been granted extensive powers to execute his mandate. These include demanding a full account of the estate’s assets and liabilities, arranging valuations of movable and immovable property, and taking physical possession of assets where necessary. He may also obtain appraisals and legal opinions, summon either party for questioning on written notice, and approach the court for further directions if provided information is deemed inadequate.

The court ruled that Nel must submit a final account to the parties’ attorneys within six calendar months, a period that may be extended by agreement or where circumstances justify it. Once delivered, either party will have 14 days to lodge objections. If an objection is raised, the other party has a further 14 days to respond. Any decision by Nel on objections will stand unless challenged in court within 14 days.

In their court papers, Mpisane’s attorneys argued that Mkhize had deliberately failed to comply with her obligation to appoint a liquidator, thereby delaying the financial separation of their estate. They stated that her inaction had left Mpisane sidelined and unable to access what was rightfully his or move forward with his life.

The division of the estate occurs against a backdrop of significant financial difficulties for the couple. The South African Revenue Service (SARS) and the Asset Forfeiture Unit have raided properties linked to them, seizing luxury vehicles including a Range Rover, Mercedes-Benz G-Wagon, and BMW X7. Designer furniture, electronics, and jewellery were also seized and sold at auction in an effort to recover a tax debt reportedly amounting to about R40 million. The proceeds from these sales were insufficient to settle the full amount owed.

These financial troubles had repercussions for football. Royal AM, the Premier Soccer League (PSL) club Mkhize acquired after purchasing Bloemfontein Celtic’s league status in 2021, was eventually expelled from the competition after failing to fulfil its fixtures. The club struggled to pay players’ salaries amid the financial difficulties and asset seizures.

Before their separation, Mpisane and Mkhize, who were married in a community of property, were prominent figures on South Africa’s social scene, known for their lavish mansions, designer clothing, and collection of luxury vehicles. Together, they also founded PSL side Royal Eagles in 2014, from which they later parted ways following their separation.

The court order further authorises Nel, or his representatives, to enter premises to conduct valuations and appraisals. The order states that his fees and the costs of the application will be paid from the joint estate.

T.Cunningham--TNT