NOTHING will be allowed to jeopardise the sale in execution of Mandla Mandela’s cows next Friday, says the Cape Town attorney seeking to recover half a million rand in outstanding legal fees and interest.
His statement came despite efforts by Mandla’s estranged wife to ensure that the sale does not dilute her portion of their joint estate. Because Mandla and Tando Mabunu-Mandela are married in community of property, she faces having the cows – which were attached by attorney Randall Titus following a default judgment in the Cape High Court – reflected as part of their joint estate.
Titus took Mandla, his former client, to court over outstanding legal fees for various cases in which Titus had represented Mandla, including the exhumation case brought against him by Mandela family members earlier this year.
When the sheriff of the court in Mthatha served the court judgment at the Mvezo chief’s homestead, he attached 50 cows, prompting Titus to advertise a sale in execution for next week Friday.
At a suggested R7000 per head of cattle, the proposed sale in execution may net around R350000. The sale will be at the Mvezo Great Place.
Mabunu-Mandela’s attorney, Wesley Hayes, has asked Titus to agree to a variation order to the judgment, which would reflect instead that the debt must be paid in total from Mandla’s share of the joint estate.
“We agreed with him that he will vary the order. We want a simple variation which will indicate that the money claimed will come from his part of the joint estate,” said Hayes.
He added that if Titus did not agree to the variation, Hayes would seek an urgent court interdict stopping the sale.
But yesterday, Titus said he had not yet received a draft of the variation order from Hayes. He said the provisions of the community of property marital rule meant that the joint estate could not easily be split unless the parties agreed to it.
“You can’t say ‘you can take the cows and I’ll take the chairs’ unless the parties agree to that. He was going to send me something but I haven’t seen it yet.
“I won’t do anything to compromise the sale,” he said.
Meanwhile, Titus confirmed that an associate of his law firm, Gary Jansen, was no longer representing Mandla.
On the same day that Titus placed an advertisement in the Dispatch advertising the default judgment and the sale in execution, Jansen confirmed to the Dispatch that he was still acting for Mandla, prompting Titus to say: “We can’t act for Mandla and sue him.”
Yesterday he said that Jansen had written to him confirming he was no longer acting for Mandla. Jansen declined to comment when contacted. — rayh@dispatch.co.za
Mandla’s cows set to go on sale
His statement came despite efforts by Mandla’s estranged wife to ensure that the sale does not dilute her portion of their joint estate. Because Mandla and Tando Mabunu-Mandela are married in community of property, she faces having the cows – which were attached by attorney Randall Titus following a default judgment in the Cape High Court – reflected as part of their joint estate.
Titus took Mandla, his former client, to court over outstanding legal fees for various cases in which Titus had represented Mandla, including the exhumation case brought against him by Mandela family members earlier this year.
When the sheriff of the court in Mthatha served the court judgment at the Mvezo chief’s homestead, he attached 50 cows, prompting Titus to advertise a sale in execution for next week Friday.
At a suggested R7000 per head of cattle, the proposed sale in execution may net around R350000. The sale will be at the Mvezo Great Place.
Mabunu-Mandela’s attorney, Wesley Hayes, has asked Titus to agree to a variation order to the judgment, which would reflect instead that the debt must be paid in total from Mandla’s share of the joint estate.
“We agreed with him that he will vary the order. We want a simple variation which will indicate that the money claimed will come from his part of the joint estate,” said Hayes.
He added that if Titus did not agree to the variation, Hayes would seek an urgent court interdict stopping the sale.
But yesterday, Titus said he had not yet received a draft of the variation order from Hayes. He said the provisions of the community of property marital rule meant that the joint estate could not easily be split unless the parties agreed to it.
“You can’t say ‘you can take the cows and I’ll take the chairs’ unless the parties agree to that. He was going to send me something but I haven’t seen it yet.
“I won’t do anything to compromise the sale,” he said.
Meanwhile, Titus confirmed that an associate of his law firm, Gary Jansen, was no longer representing Mandla.
On the same day that Titus placed an advertisement in the Dispatch advertising the default judgment and the sale in execution, Jansen confirmed to the Dispatch that he was still acting for Mandla, prompting Titus to say: “We can’t act for Mandla and sue him.”
Yesterday he said that Jansen had written to him confirming he was no longer acting for Mandla. Jansen declined to comment when contacted. — rayh@dispatch.co.za
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