Court seizes assets of former Ingonyama Trust Chair over R30 million misuse
Former chairperson of KwaZulu-Natal Ingonyama Trust Board, Sipho Ngwenya to have his assets seized as Ingonyama Trust seeks to recover R30 million that he transfered to his lawyer.
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A WARRANT of execution has been issued against the assets of former Ingonyama Trust Board (ITB) chairperson Sipho Ngwenya in a bid to recover R30 million meant for the Ingonyama Trust.
Ngwenya was ordered in September by the Pietermaritzburg High Court to repay funds he had unlawfully transferred to his lawyer’s trust account. He was given 30 days to make the payment.
Acting Judge Ranjiv Nirghin found that Ngwenya, a former judge, had no authority from the ITB to redirect proceeds from a land sale between the eThekwini Municipality and the Ingonyama Trust. Despite this, Ngwenya instructed that the funds be paid into the trust account of Jafta Incorporated, the law firm representing him.
Court documents reveal that Ngwenya’s bank account with First National Bank (FNB) was attached earlier this week although his immovable properties have yet to be seized. The warrant of execution states.
“All respondent right title interest claim and demand in and to all monies held now or in future in all accounts held by First National Bank in the name of Sipho Jerome Ngwenya to the amount of R30510265.66 and all costs. All monies to be paid to the acting sheriff”
Ngwenya has previously defied court orders issued in 2024 and 2025 which required him to justify the transfer of funds that were meant to remain in the Ingonyama Trust’s bank account. During court proceedings, Philani Jafta, managing director of Jafta Incorporated, declined to fully respond citing client privilege.
According to an affidavit by former ITB CEO Vela Mngwengwe, the Ingonyama Trust sold land in Hammarsdale to the eThekwini Municipality on June 29 2018 for R31172000 which included occupational rental.
“The ITB had authorised the sale for R30982000. Mason Incorporated was appointed as the conveyancer for the property transfer” Mngwengwe stated
However, in October 2022, Ngwenya purporting to act on behalf of the ITB instructed Mason Incorporated to pay R5 million into the bank account of Ingonyama Holdings, a subsidiary of the Trust, prior to the registration of the property transfer. While Mason complied, Mngwengwe emphasized that this action violated the terms of the agreement.
"The agreements clearly stipulated that the purchase price should be paid to the seller's bank accounts not to Ingonyama Holdings” He further asserted that Ngwenya “had no authority from the ITB to do this”
In December 2022, Ngwenya again directed Mason to transfer the remaining balance of the purchase price approximately R26 million nto Jafta Incorporated’s trust account. Upon learning of these transactions, Mngwengwe issued a formal letter demanding repayment.
In June 2024, Strauss Daly Attorneys acting on behalf of the ITB requested Ngwenya to provide written proof of his authority to redirect the funds. Rather than complying, Ngwenya challenged the law firm’s legitimacy invoking Rule 7(1) and demanding they prove their authority to represent both the Ingonyama Trust and its board. Advocate Credo Mlaba representing the ITB dismissed this as a stalling tactic > “Ngwenya’s challenge of the appointment of the law firm was a delaying tactic to avoid accountability for funds”
The legal battle continues as authorities move to recover the misappropriated funds and hold those responsible to account.