Legal battle looms over former president David Mabuza's R44 million death benefit
A significant legal battle is unfolding at the Mpumalanga High Court concerning the R44-million estate of the late former deputy president David Mabuza.
Mabuza, who passed away on July 3, had amassed a considerable estate with multiple dependants. The focus of the court proceedings is primarily on a R44-million living annuity that he invested through Alexander Forbes Financial Services, which plays a crucial role in determining who amongst Mabuza’s loved ones will be recognised as the rightful beneficiary.
The first respondent, Nonhlahla Patience Mnisi, asserts she is Mabuza’s lawful spouse and the sole beneficiary of the living annuity. She arrived at court with a posthumously issued marriage certificate, raising questions regarding its validity and the nature of her marriage to Mabuza.
On the other side, Emunah Silinda counters Mnisi’s claim, seeking recognition of her longstanding customary union with the late politician. Complicating matters further, Mabuza’s daughter, Tamara Silinda, a first-year medical student at the University of Cape Town, is also involved in the dispute, seeking urgent interim financial assistance to cover her educational costs, which total R127,990 annually, along with her monthly living expenses.
Both women argue that Emunah’s marriage to Mabuza, entered into in 1999 under customary law, should be deemed valid and that it was never officially dissolved. Emunah has taken steps to secure urgent financial relief, underlining her and her daughter’s rights as dependants in this complicated legal scenario.
“The deceased expressed his intentions to marry me, initiating the traditional process of lobola negotiations between the Silinda and Mabuza families,” she asserted, seeking to affirm the authenticity of their union.
In an impassioned appeal, Tamara Silinda insists that her father’s duty to provide for her did not cease with his death. She cites the legal principle protecting children’s rights to parental support, ensuring that her claim remains focused and rooted in the law as enshrined in Section 28(1)(c) of the Constitution.
The mother-daughter duo is also pressing the court to challenge the legitimacy of Mnisi’s marriage certificate. They argue, “We challenge the legality of this certificate, as no valid marriage could have been concluded or registered after death.” This assertion forms a crucial part of their case in contesting claims to Mabuza’s substantial estate.
IOL