court case

Husband face off Durban priest in love triangle battle over woman’s estate

Durban – A Samsung Galaxy Note 3, Canon camcorder, jewellery, and insurance and policy documents are on the list of items that a sports official alleges are in possession of a catholic priest accused of having an affair with his late wife.

But no one seems to know the whereabouts of the main asset, a VW Polo Classic car.

Sello Mokoena and Father Alexius Madela are in a court battle over Mokoena’s late wife’s Nelisiwe’s estate.

Nelisiwe died earlier this year.

At the time of her death, the couple had been living separately and she allegedly was in a relationship with Madela.

Nelisiwe left her matrimonial home in 2008 and moved into a flat at Plantations Estate in Hillcrest, west of Durban, where Madela was a frequent visitor.

The Sunday Tribune learnt that in 2010, a letter signed by Nelisiwe addressed to Madela, nominated the priest as her sole beneficiary.

However, it was Mokoena who reported her estate at the Master of the High Court office in Pietermaritzburg and was granted executorship in February.

On Wednesday, both parties appeared at Pinetown Magistrates Court where Mokoena’s attorney asked the court to compel Madela to hand over the assets he allegedly removed from the deceased’s home shortly after her passing.

He also asked the court to grant a search and seizure warrant to recover the outstanding items.

Siyabonga Kunene, Mokoena’s attorney, said someone had to account for the missing items and the search would reveal much and locate the car.

“Mr Mokoena is not just an executor, he is an heir to the estate by virtue of marriage to the deceased,” he said.

Phiwa Duma, representing Madela, told magistrate Ismail Malek that her client had no knowledge of the car. She told the court the legal owner of the vehicle was a company in Johannesburg.

Speaking outside court, Duma said her client was opposing the matter as there was no truth in some allegations.

In previous weeks, the Sunday Tribune reported that two laptops, cellphones, a death certificate, a will and a car with both its keys had been returned to Mokoena by Madela.

Kunene said these items came from Nelisiwe’s friend through a court order.

Father Paul Manci, spokesperson for the Mariannhill Diocese of which Madela is a member, said the church was doing all that was required of it but that the church and court processes could not run concurrently.

“We as a church are not shielding Madela in any way. It would be an insult to us for anyone to say that we are not adequately dealing with one of our own.”

The matter has been postponed to next month.

Source: Sunday Tribune

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