David Mabuza’s Death Certificate Reveals He Was ‘Never Married’ in Legal Battle Over R44.7m Pension
The death certificate of the late former deputy president, David Mabuza, has revealed that he was never officially married, a revelation that has set the stage for a dramatic and complex legal battle over his vast estate. The Mpumalanga High Court is now tasked with determining which of two women—one claiming a longstanding customary union, the other armed with a posthumously issued marriage certificate—will be legally recognised and inherit his R44.7-million pension fund.
The case, set to be heard on Tuesday, 23 September, centres on the recognition of a customary marriage, the equitable distribution of pension benefits, and the rights of Mabuza’s many dependants.
At the heart of the dispute are two women: Emunah Silinda, who claims she was Mabuza’s customary wife, and Nonhlahla Patience Mnisi, who obtained a marriage certificate from the Department of Home Affairs after Mabuza's death.
The Daughter’s Fight for Financial Support
Leading the charge is Tamara Silinda, Mabuza’s 25-year-old daughter from his relationship with Emunah. She has filed court papers seeking a share of her late father’s fortune. In the first part of the court hearing, Tamara has asked the High Court for an urgent order to prevent Alexander Forbes Financial Services from disbursing, transferring, or paying out any portion of Mabuza’s R44.7 million retirement fund pending the finalisation of the matter.
Tamara’s argument is rooted in her constitutional right to financial support as a dependent of her father. "It is against public policy for a R44-million annuity to be paid entirely to one nominee where multiple dependents exist and risk destitution,” she told the court. She is seeking interim maintenance payments of R127,990 for her university tuition fees, as well as an additional R40,000 to cover her monthly living expenses, which include clothing, transport, and medical needs. Her unemployed mother, Emunah, has also requested R40,000 in monthly maintenance until the estate is distributed.
Tamara contends that her father’s duty of support did not terminate upon his death and is enforceable against his estate and financial resources. “The deceased’s duty of support survives death and attaches to his patrimonial resources, including the annuity. Thus, the court can and should set aside or vary the nomination and order equitable allocation of the annuity to all dependents,” she argued.
A Customary Union and a Missing Lobola Letter
The central pillar of the applicants’ case is Emunah Silinda’s claim that she and Mabuza were married in 1999 under customary law. She is petitioning the court to posthumously recognise their customary marriage.
In her affidavit, Silinda states: “I married my deceased husband, David Dabede Mabuza, in 1999 at my family home [in] Mkhuhlu Village, Mpumalanga Province, in accordance with customary law and tradition.” She added: “The deceased expressed his intentions to marry me, initiating the traditional process of lobola negotiations between the Silinda and Mabuza families.”
Emunah told the court that a customary marriage was concluded and that there was never a court order declaring its dissolution. “Therefore, the validity of our customary marriage in community of property with the inclusion of accrual still subsists. Thus, we remain lawfully married in community of property in terms of customary law.” She also noted that their separation did not automatically signify the dissolution of their marriage.
A complication in her case, however, is the unavailability of the lobola letter, which she claims was in Mabuza’s possession. “We concluded a customary marriage, although the lobola letter is unavailable due to the passing of my father in August 2024, who was in possession of the letter,” Emunah told the court.
The Disputed Posthumous Marriage Certificate
In direct opposition to the Silindas’ claims, Nonhlahla Patience Mnisi has produced a marriage certificate obtained from the Department of Home Affairs after Mabuza's death. The applicants are challenging the legality of this certificate, arguing that no valid marriage could have been concluded or registered after a person's death. “We challenge the legality of this certificate, as no valid marriage could have been concluded or registered after death,” Emunah stated in court papers.
The legal arguments are further supported by a source close to the matter who spoke to News24 on condition of anonymity. The source claimed that the Silinda family only became aware of Mnisi’s sole beneficiary nomination when Alexander Forbes disclosed it during the court application process. “The bone of contention is that Tamara and her mother found out about this matter when an institution where there was money (Alexander Forbes), which responded to their court application, said that there was a nomination form which had Mnisi’s name as the sole beneficiary of Mabuza’s living annuity,” the source claimed.
The source also offered a broader perspective on the case, stating: “The issue of maintenance and support is an issue that people cannot run away from. Emunah is not disputing that Mnisi is Mabuza’s wife, but she is saying that Mnisi is not the only wife. She does not want to take what she has. This should be a lesson to all the politicians that the law protects everyone. It does not matter who you are, whether you are the president or a poor person, be responsible in terms of making sure that your own family is taken care of. You can’t discard your own blood and family.”
A Public Front and Private Turmoil
At Mabuza’s state funeral in Mpumalanga, the family presented a united front, with only Mnisi recognised as the wife on the funeral programme. There was no mention of Tamara or her mother during the proceedings. However, News24 has since learnt that the mother and daughter were present at the funeral.
The legal documents show that the Silinda family is also demanding access to Mabuza’s family home in Barberton, where he is buried, so that they can visit his grave and fulfil cultural and familial rites.
As proof of their relationship, court papers include a record of Mabuza’s medical aid, which Tamara claims he used to pay for her medical needs, as well as a letter, signed by Mabuza, consenting to her trip to the US in 2007. There is also a letter in which he consented to Tamara changing her surname from her paternal one to her maternal one. The court papers also annex Mabuza's death certificate and a record of the Alexander Forbes pension fund amount of R44,772,405.97.
The case lists a number of respondents, including the Master of the High Court, Minister of Home Affairs Leon Schreiber, the Presidency, and the Government Employees Pension Fund. Mabuza’s other children—Mxolisi, Lindelani, Mandisa, Nkosinathi, Angela and Fezile—are also cited as respondents.
The case will unfold in two parts. The applicants’ request for a final order, known as the Part B application, seeks to declare the annuity a patrimonial asset of the deceased that must be made available for his dependants. They also seek to have Mnisi’s posthumously issued marriage certificate set aside and an equitable distribution of the annuity among all lawful dependants.
Advocate Doctor July Sibuyi confirmed he will represent the Silinda family next Tuesday. Both Tamara and Emunah declined to comment on the matter. News24 reached out to Mabuza’s family spokesperson, Desmond Moela, who promised a response from Mnisi, but it was not forthcoming. News24 understands that Mnisi intends to oppose the application, and the respondents had until 18 September to file opposing papers.
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