Winnie Madikizela-Mandela was dealt a blow by the Mthatha High Court yesterday when her court bid to block a family meeting in Qunu was struck off the roll.
She was also ordered to pay the costs of the application.
Madikizela-Mandela turned to the courts to interdict Mandla Mandela, Daludumo Mtirara and others from holding a meeting at Nelson Mandela’s Qunu home.
The meeting was to address the issue of the rightful head of the family – the person entitled to officiate over family rituals.
Madikizela-Mandela argued that the gathering could result in violence and vandalism on the property, which is at the centre of a separate court battle.
She also sought to interdict Mandla and Mtirara from publicly discussing the Qunu property ownership dispute.
Acting judge Zamani Ntlangulela yesterday asked Madikizela-Mandela’s legal representative, Mvuzo Notyesi, why the executors of Mandela’s estate had been excluded from the application. Representatives of the executors said they would want to be party to the proceedings if the case were to delve into the issue of ownership.
In their affidavit, they stated they had no interest in matters relating to the meeting.
Notyesi said the judge’s ruling did not include the issue of ownership of the property. However, during arguments it turned out that the executors would have to be joined in the application as Notyesi wanted to read their affidavit. He asked for a postponement to join them in the application.
Mandla’s lawyer, Billy Gundelfinger, instead asked for a dismissal, arguing that a postponement would prejudice his client.
In handing down judgment, Ntlangulela said Madikizela-Mandela’s application was based on the issue of ownership and should have included the executors.
He said she had no right to abuse the system by treating the matter as urgent. The matter was struck off the roll, meaning the family meeting can take place.
Mandla, who hugged his mother after the court victory, said: “We are delighted as a family. Justice has been realised.”
He thanked his cousins Ndileka and Nandi Mandela, wife Mbali and mother Nolusapho, who he said supported and encouraged him during the process.
He said the meeting sought to resolve the problems within the family and not to antagonise anyone.
Mandla added that people should leave the matters of the Mandela family to the Mandelas.
Mtirara said the meeting, which had the blessing of Graça Machel, would continue as planned.
“It is crucial that representatives from these significant houses attend the meeting in order to ensure that our custom, which is our identity, is upheld at all time,” he said.
Notyesi said he would work on the case and bring it before the court, with the executors included.
“It is still very urgent. There are people threatening to fight in that meeting. We cannot ignore that point. We are going to work on the case and bring a case that is arguable before the court.
“The judge did not rule based on the merits of the case but the issue of the executors.”
Winnie's plea thrown out
She was also ordered to pay the costs of the application.
Madikizela-Mandela turned to the courts to interdict Mandla Mandela, Daludumo Mtirara and others from holding a meeting at Nelson Mandela’s Qunu home.
The meeting was to address the issue of the rightful head of the family – the person entitled to officiate over family rituals.
Madikizela-Mandela argued that the gathering could result in violence and vandalism on the property, which is at the centre of a separate court battle.
She also sought to interdict Mandla and Mtirara from publicly discussing the Qunu property ownership dispute.
Acting judge Zamani Ntlangulela yesterday asked Madikizela-Mandela’s legal representative, Mvuzo Notyesi, why the executors of Mandela’s estate had been excluded from the application. Representatives of the executors said they would want to be party to the proceedings if the case were to delve into the issue of ownership.
In their affidavit, they stated they had no interest in matters relating to the meeting.
Notyesi said the judge’s ruling did not include the issue of ownership of the property. However, during arguments it turned out that the executors would have to be joined in the application as Notyesi wanted to read their affidavit. He asked for a postponement to join them in the application.
Mandla’s lawyer, Billy Gundelfinger, instead asked for a dismissal, arguing that a postponement would prejudice his client.
In handing down judgment, Ntlangulela said Madikizela-Mandela’s application was based on the issue of ownership and should have included the executors.
He said she had no right to abuse the system by treating the matter as urgent. The matter was struck off the roll, meaning the family meeting can take place.
Mandla, who hugged his mother after the court victory, said: “We are delighted as a family. Justice has been realised.”
He thanked his cousins Ndileka and Nandi Mandela, wife Mbali and mother Nolusapho, who he said supported and encouraged him during the process.
He said the meeting sought to resolve the problems within the family and not to antagonise anyone.
Mandla added that people should leave the matters of the Mandela family to the Mandelas.
Mtirara said the meeting, which had the blessing of Graça Machel, would continue as planned.
“It is crucial that representatives from these significant houses attend the meeting in order to ensure that our custom, which is our identity, is upheld at all time,” he said.
Notyesi said he would work on the case and bring it before the court, with the executors included.
“It is still very urgent. There are people threatening to fight in that meeting. We cannot ignore that point. We are going to work on the case and bring a case that is arguable before the court.
“The judge did not rule based on the merits of the case but the issue of the executors.”
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