The KZN High Court (Pietermaritzburg) has again rejected former Ingonyama Trust Board (ITB) chairperson Sipho Jerome Ngwenya’s attempt to appeal a July 2025 order.

This order requires Ngwenya, a former judge, to account for the disappearance of R30m belonging to the Ingonyama Trust during his time as the chairperson, reports IoL.

The missing funds were the proceeds from the Ingonyama Trust’s sale of land in Hammarsdale to the eThekwini Municipality in June 2018. Ngwenya had instructed that these funds be transferred to the trust account of his lawyer, Jafta Incorporated.

The same court previously ruled in 2025 that Ngwenya had moved the money without the ITB’s authorisation. While his assets have been attached to recover the funds, Ngwenya is appealing that specific decision separately.

The current matter concerned Ngwenya’s application for condonation for the late filing of his appeal and affidavits.

Following the July 2025 order, Ngwenya was given five days to file affidavits, but failed to do so and subsequently failed to appeal the decision within the required timeframe.

His legal team cited technical email issues preventing them from receiving Acting Judge Jennifer Marion’s reasons for the order, which they claim resulted in them filing their appeal three months late.

Advocate Colin Pammenter SC, representing Ngwenya argued that the appeal had prospects of success.

He also challenged the mandate of Strauss Daly Attorneys, the law firm representing the ITB, stating there were reasonable prospects that they had not satisfied the court of their authority to act.

‘This (July) order can only be made after being satisfied that Strauss Daly can act,’ Pammenter argued.

Conversely, notes IoL, Advocate Credo Mlaba, instructed by Strauss Daly Attorneys, argued that the leave to appeal was hopelessly out of time and that the order was not appealable.

He maintained that Strauss Daly had satisfied the court of their authority to act on behalf of the ITB, suggesting Ngwenya’s challenge was a tactic to avoid explaining the money he syphoned out of the public purse.

Marion sided with Mlaba, noting a consistent pattern of delays in the matter.

She pointed out that no steps were taken to inform the registrar about the email issue, and a proper explanation for the duration of the email problem was not provided. She concluded that the ‘prospects of success were not strong’ enough to overlook the delay.

Full IoL report