Zandile Mabuza has criticised Nonhlanhla Mnisi’s claim on David Mabuza’s R44.7-million estate, advocating for fair distribution of funds to the late politician’s children.
Zandile Mabuza, former deputy president David Mabuza’s sister, has openly criticised her late brother’s wife, Nonhlanhla Patience Mnisi.
She accused her of selfishness and arrogance, which she believes has brought public humiliation on the family in an ongoing R44.7-million legal battle.
Speaking to News24 at the Mpumalanga High Court in Mbombela on Tuesday, Zandile emphasised her commitment to supporting her late brother’s children, asserting that they are rightful heirs to his R44.7-million pension.
“We saw that if we drag our feet in this, my brother’s kids will lose everything just to one person. We wanted to see justice being done for all the kids,” she said.
Zandile was reacting to the court’s decision ordering Alexander Forbes to address inconsistencies in its policy documents regarding Mabuza’s pension payout.
Delivering his judgment, Judge Johannes Hendrickus Roelofse said he could not make a decision on the matter due to major discrepancies in the documents.
Before deciding, Roelofse wanted to establish whether the money was invested in a life insurance policy (living annuity) or a pension fund. He postponed the matter to next Tuesday, 30 September, for further hearing.
Zandile was among family members who had gone to court to support one of Mabuza’s daughters, Tamara Silinda, who filed an urgent court application seeking a share of her father’s pension fund.
In papers, the first-year University of Cape Town medicine student asked the court to interdict Alexander Forbes from disbursing, transferring, or paying out any portion of Mabuza’s R44 million retirement fund to Mnisi pending the finalisation of the matter.
The application listed Emunah Silinda, who claims to be Mabuza’s customary wife, as the first applicant, and Tamara as the second.
The respondents in the case include Mabuza’s widow, Mnisi, as the first respondent, followed by Alexander Forbes, 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.
Pending the finalisation of the matter, the court was asked to direct Alexander Forbes to pay a maintenance amount of R127 990 for Tamara’s university tuition fees.
Another R40 000 was requested to support the 25-year-old’s monthly expenses, including clothing, transport and medical needs. Tamara’s unemployed mother also asked for R40 000 in maintenance until the estate is distributed.
Zandile acknowledged that Tamara was her late brother’s legitimate daughter. “I [have known] her since she was born. I can confirm that she is his daughter.”
Zandile also confirmed that lobola was paid for Tamara’s mother, Silinda, meaning that she was the late deputy president’s customary wife.
Asked whether Mnisi was aware of this, Zandile said, “I don’t know whether she was aware or she tended to ignore it, but I think Ms Mnisi knows because the older siblings are older than her child. So you can tell that she knew that my brother had other children and was customarily married to other ladies.
“You can tell, all of these children have their mothers. None of them are sharing mothers, they are all firstborns to their mothers. As aunts, we are not going to entertain who was born where; our main concern was for them to get their equal share of their father’s estate.”
The former deputy president has eight known children.
Zandile criticised Mnisi’s sole beneficiary claim on her brother’s estate. She said if there is evidence that Mnisi is entitled to all the money, Alexander Forbes should have brought it.
“Now you can tell that there is no evidence, but we welcome the decision of the judge. We will wait for them to provide those documents, and then we will take it from there. I am positive that the kids are going to win this case.”
Asked about her relationship with Mnisi following her brother’s death at the age of 64 in July, Zandile said she left her brother’s farm on the Saturday he was buried.
“Since then, those who were left there said they were chased out of the farm. Even now, nobody is allowed to enter that farm. That is the situation. Hence, we are here to support the kids.
“Ms Mnisi knows them all (the children). She was the one depositing money to the kids wherever they are, so now she cannot come here and say that my brother had just nominated her to be the full beneficiary of his pension, knowing very well that my brother has many kids. There is one kid in Johannesburg, I think he’s 10 or eleven. You can tell that if the court decides otherwise… What will happen to the kids, especially the ones in school?”
Zandile further implied irregularities in the issuance of Mnisi’s marriage certificate by the Department of Home Affairs, claiming it was obtained under suspicious circumstances shortly after his funeral.
“Some family members were not being fair to us because Ms Mnisi went to home affairs with our sister. So now I cannot say it is fraud, but you can tell. You can tell that this was forgery.”
Zandile said she hopes justice will prevail.
On Tuesday, both Tamara’s lawyer, advocate Doctor July Sibuyi, and Mnisi’s legal representative, advocate Victor Kruger, agreed that Tamara was entitled to be maintained by the late Mabuza and that the matter was urgent.
Sibuyi submitted that Alexander Forbes should not pay out the money to one beneficiary, Mnisi.
Instead, the trustees should ensure that all the dependents equally benefit from the fund.
Sibuyi said the money Mabuza left behind should be paid out to dependents and not just Mnisi.
He welcomed the court’s decision.
However, Kruger said Tamara should have claimed from the estate rather than from the living annuity or pension fund held by Alexander Forbes.
He said a living annuity was purely contractual, while the death benefit was a separate product.
“There are no trustees here because this is an investment and risk policy. The annuiter is not set in stone because it’s an investment. Upon death, you can nominate your beneficiaries. If there are no nominated beneficiaries, then that falls in your estate.”
During the proceedings, Roelofse raised concerns that there were people whose financial needs had been placed on hold while the matter was in court.
“You can’t let this drag on for years,” he said.
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