Mbabane – The High Court has been asked to urgently freeze E45 000 allegedly deposited into the bank account of a truck driver after his employer claimed that the money could be used for personal purposes instead of paying toll fees for a truck travelling to the Democratic Republic of Congo (DRC).
The application was filed by businessman Lucky Ngubane against his employee, Sifiso Vilane, with First National Bank (Eswatini) cited as the second respondent.
Ngubane is seeking an interim order directing FNB to freeze and preserve the E45 000 held in Vilane’s account, pending the determination of an application seeking the reversal of the funds into his own bank account.
The matter was filed as an urgent ex parte application before the High Court on Wednesday.
According to court papers, Ngubane is involved in the transport logistics business and had employed Vilane as a truck driver. He stated that Vilane was travelling to the DRC with one of his trucks carrying a customer’s load.
Ngubane said the E45 000 was deposited into Vilane’s personal bank account on July 17, 2026, to cover toll fees along the route.
However, he claimed that the bank later informed him that a form authorising certain transactions had not been signed and returned. According to Ngubane, the form was allegedly in Vilane’s possession, but the driver refused to sign and return it to the bank.
The businessman told the court that he became concerned after Vilane allegedly became evasive when questioned about the form and the money.
Ngubane claims he received information that the driver intended to withdraw and use the funds for personal purposes, which he feared would leave the truck and its cargo stranded in a foreign country.
“I have received information that he intends to personally squander the money and not pay the tollgates, leaving my truck and the loaded (cargo) stranded in the foreign country,” Ngubane stated in his founding affidavit.
He said the truck had already been loaded and that he was making arrangements to send another driver to retrieve the vehicle, its cargo and Vilane.
Ngubane argued that the matter was urgent because the money could be withdrawn or spent before the application could be heard through the normal court process.
He is therefore seeking an order compelling FNB to reverse the E45 000 from Vilane’s account into his own account.
The applicant stated that the bank was not facing any adverse order and had been cited in the proceedings because it held the account into which the funds had been deposited.
Ngubane further argued that he had no alternative remedy because Vilane had allegedly refused to sign and return the required bank form.
He told the court that a hearing at a later stage would not provide him with adequate relief if the money was withdrawn or spent.
The court papers state that Vilane would be served with the interim order and application and would have an opportunity to oppose the matter on the return date.
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