A senior member of the AbaThembu royal family has slammed Winnie Madikizela-Mandela’s court bid for former President Nelson Mandela’s Qunu home, calling her opportunistic and greedy.
Madikizela-Mandela made shocking claims in her court application saying the marriage certificate submitted to court for the divorce proceedings from Mandela was forged.
The Daily Dispatch has seen a copy of the certificate. She also claims she was not even in the country when the dissolution of marriage order was granted by the court.
Patricia Godwin of Martin Vermaak Attorneys said Madikizela-Mandela would have to prove that Mandela was a party to the alleged fraud – “ that the evidence was in fact incorrect, that it was made fraudulently and with intent to mislead – that it diverged to such an extent from the true facts that the court would, if the true facts had been placed before it, have given a judgment other than that which it was induced by the incorrect evidence to give.
“Fraud, as a ground for the rescission of an order, may take any form and is not limited to perjured evidence or fraud committed during proceedings,” said Godwin.
Royal family member Daludumo Mtirara said Madikizela-Mandela’s claims were not recognised by the royal family because she was an ex-wife. Mtirara leads a faction championing the dethronement of AbaThembu King Buyelekhaya Dalindyebo.
His comments go against Dalindyebo’s support for Madikizela-Mandela. “Her actions are opportunistic. She is hell-bent on denting Dalibhunga’s good name and his legacy.
“We will not allow that to happen. She is an ex-wife,” he said.
Mtirara questioned why Madikizela-Mandela had never raised the concerns previously with the Madiba royal family.
“To us there is no challenge on Madiba’s will. Nobody ever challenged it – his wife, ex-wife and children. Such a claim comes as a shock to us,” he said. “We applauded Nkosi Dalibhunga for stating that the Qunu home would become a home for all his children and that the oldest grandson, Nkosi Zwelivelile be the head according to our custom.”
Mtirara said the Madiba clan regarded Graça Machel as Madiba’s widow and Madikizela-Mandela as his ex-wife. “They divorced many years ago and she never complained to us or with any institution that the divorce was fake.
“We were informed by Madiba that they were divorced and she also confirmed it, hence she no longer stayed with him.
“Now what she wants to show is that she is greedy even for things she does not have a legitimate claim over,” said Mtirara.
Mtirara, who oversaw the mourning ceremonies for Mandela and the cleansing (ukukhululwa kwezila) said the family was shocked when Madikizela-Mandela had worn mourning clothes.
“She cannot use that as one of her launch pads to go around saying we confirmed her as a wife of Dalibhunga. We kept quiet because we did not want to embarrass her as an elderly woman,” said Mtirara.
Close family relative General Bantu Holomisa said he could not comment on the matter as it was before the court.
Cultural expert at the Icamagu Institute Dr Nokuzola Mndende said according to custom no woman should occupy another woman’s marital home. “The home belongs to the children and a new wife should have her own home built for her by the husband. She has no right to rule over another woman’s home.”
Mndende said the royal council had nothing to do with Mandela’s matters as an individual.
“He was not a chief,” she said.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said the legal team was still investigating some of the aspects of the case, including the allegedly forged marriage certificate.
Mandela’s former lawyer Ismail Ayob, who oversaw the divorce proceedings, is keeping mum on the matter.
“What is clear is that the certificate is the one that was submitted to the court divorce hearing as an exhibit. That certificate is an annexure in the court files in the court case,” he said when contacted for comment.
Madikizela-Mandela’s claim is supported by Chief Nokwanele Balizulu, whose brother-in-law was the chief of the Qunu area when Madikizela-Mandela acquired the land.
Her affidavit is also annexed in the court application. — abongilem@dispatch.co.za / lulamilef@dispatch.co.za
Qunu claim angers royals
Madikizela-Mandela made shocking claims in her court application saying the marriage certificate submitted to court for the divorce proceedings from Mandela was forged.
The Daily Dispatch has seen a copy of the certificate. She also claims she was not even in the country when the dissolution of marriage order was granted by the court.
Patricia Godwin of Martin Vermaak Attorneys said Madikizela-Mandela would have to prove that Mandela was a party to the alleged fraud – “ that the evidence was in fact incorrect, that it was made fraudulently and with intent to mislead – that it diverged to such an extent from the true facts that the court would, if the true facts had been placed before it, have given a judgment other than that which it was induced by the incorrect evidence to give.
“Fraud, as a ground for the rescission of an order, may take any form and is not limited to perjured evidence or fraud committed during proceedings,” said Godwin.
Royal family member Daludumo Mtirara said Madikizela-Mandela’s claims were not recognised by the royal family because she was an ex-wife. Mtirara leads a faction championing the dethronement of AbaThembu King Buyelekhaya Dalindyebo.
His comments go against Dalindyebo’s support for Madikizela-Mandela. “Her actions are opportunistic. She is hell-bent on denting Dalibhunga’s good name and his legacy.
“We will not allow that to happen. She is an ex-wife,” he said.
Mtirara questioned why Madikizela-Mandela had never raised the concerns previously with the Madiba royal family.
“To us there is no challenge on Madiba’s will. Nobody ever challenged it – his wife, ex-wife and children. Such a claim comes as a shock to us,” he said. “We applauded Nkosi Dalibhunga for stating that the Qunu home would become a home for all his children and that the oldest grandson, Nkosi Zwelivelile be the head according to our custom.”
Mtirara said the Madiba clan regarded Graça Machel as Madiba’s widow and Madikizela-Mandela as his ex-wife. “They divorced many years ago and she never complained to us or with any institution that the divorce was fake.
“We were informed by Madiba that they were divorced and she also confirmed it, hence she no longer stayed with him.
“Now what she wants to show is that she is greedy even for things she does not have a legitimate claim over,” said Mtirara.
Mtirara, who oversaw the mourning ceremonies for Mandela and the cleansing (ukukhululwa kwezila) said the family was shocked when Madikizela-Mandela had worn mourning clothes.
“She cannot use that as one of her launch pads to go around saying we confirmed her as a wife of Dalibhunga. We kept quiet because we did not want to embarrass her as an elderly woman,” said Mtirara.
Close family relative General Bantu Holomisa said he could not comment on the matter as it was before the court.
Cultural expert at the Icamagu Institute Dr Nokuzola Mndende said according to custom no woman should occupy another woman’s marital home. “The home belongs to the children and a new wife should have her own home built for her by the husband. She has no right to rule over another woman’s home.”
Mndende said the royal council had nothing to do with Mandela’s matters as an individual.
“He was not a chief,” she said.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said the legal team was still investigating some of the aspects of the case, including the allegedly forged marriage certificate.
Mandela’s former lawyer Ismail Ayob, who oversaw the divorce proceedings, is keeping mum on the matter.
“What is clear is that the certificate is the one that was submitted to the court divorce hearing as an exhibit. That certificate is an annexure in the court files in the court case,” he said when contacted for comment.
Madikizela-Mandela’s claim is supported by Chief Nokwanele Balizulu, whose brother-in-law was the chief of the Qunu area when Madikizela-Mandela acquired the land.
Her affidavit is also annexed in the court application. — abongilem@dispatch.co.za / lulamilef@dispatch.co.za
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