Alexander Forbes has been interdicted by the Mpumalanga High Court from paying out the R44.7 million pension of the late former deputy president, David Mabuza, to his widow, Patience Mnisi.
Acting Judge Johannes Hendrickus Roelofse granted the interdict on Tuesday following an application by Tamara Silinda, Mabuza’s daughter from another woman. Silinda claims her mother was Mabuza's customary wife and is fighting for her share of the substantial pension payout. The legal battle is further complicated by Silinda's mother's claim of marital recognition.
Judge Roelofse expressed concerns that the significant sum of R44.7 million might be at risk if transferred solely to Mnisi, prompting the decision to halt the payout pending further legal clarity.
He stated: “I still have doubts in my mind that the applicant has the right to demand the money, but that does not stop me from granting an interim order.” This highlights the court's need to protect the funds while the competing claims are properly assessed.
The judgment included strong criticism of Alexander Forbes' handling of the situation. Judge Roelofse accused the financial institution of acting like “Pontius Pilate” and washing its hands of the matter, implying a failure to take responsibility in the face of a complex legal and familial dispute.
As a result of the court's displeasure, Alexander Forbes was ordered to cover the costs of last week’s court proceedings. Furthermore, all parties involved have been instructed to approach the court before 15 October to discuss the aspect of the application concerning the management of the pension fund. This indicates the court's intention to actively oversee the resolution of the dispute and ensure the proper handling of the funds.
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