Rural and Agrarian Reform Minister Gugile Nkwinti dismissed Winnie Madikizela-Mandela’s claim that she did not know the Qunu property owned by her ex-husband and late president Nelson Mandela had been registered in his name.
In his answering affidavit filed yesterday, Nkwinti said, had Madikizela-Mandela exercised “reasonable care”, she would have known about the registration of the property.
The property has two buildings and is the site of the iconic former statesman’s grave.
Madikizela-Mandela first filed her application in August last year, a few months after Mandela’s estate was read out to the public.
In the will, Mandela bequeathed the Qunu property to the Nelson Rholihlahla Mandela Family Trust on behalf of his widow Graça Machel, her children and the rest of the Mandela family.
Nkwinti wrote that Madikizela-Mandela’s claim that she was granted permission to occupy the land, which was donated to Mandela, had no force or effect as she did not have a deed of alienation to claim such.
“The late Mr Mandela, however, acquired full registered ownership of the property and has a title deed thereto. He effected improvements thereon which enhanced the value of the aforesaid land.
“ however, seeks to have the land and the improvements thereon transferred to her. She seeks a relief which is more than what she allegedly lost,” wrote Nkwinti.
He added that the traditional leaders of AbaThembu could not have granted Madikizela-Mandela ownership of the land as they had no such authority.
Nkwinti said the land allegedly allocated to Madikizela-Mandela does not form the entire land donated to Mandela.
“Despite this assertion, she seeks to have the entire land given to her.”
In her application, Madikizela-Mandela’s claim that Mandela should not have used the State Land Disposal Act for his personal benefit.
Nkwinti disputes this in his affidavit.
“It is clear from the record that the Act did not prohibit the aforesaid donation to . There was no undue influence exerted upon the Minister of Land Affairs to donate the land to .
“Such aspersions sought to be cast upon the late are not only unfounded and untrue but are unfortunate as well,” wrote Nkwinti.
The executors are expected to file their affidavit today.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said he would not comment on the matter, but said they would file a replying affidavit in due course. — abongilem@dispatch.co.za
Nkwinti dismisses Winnie’s Qunu claim
In his answering affidavit filed yesterday, Nkwinti said, had Madikizela-Mandela exercised “reasonable care”, she would have known about the registration of the property.
The property has two buildings and is the site of the iconic former statesman’s grave.
Madikizela-Mandela first filed her application in August last year, a few months after Mandela’s estate was read out to the public.
In the will, Mandela bequeathed the Qunu property to the Nelson Rholihlahla Mandela Family Trust on behalf of his widow Graça Machel, her children and the rest of the Mandela family.
Nkwinti wrote that Madikizela-Mandela’s claim that she was granted permission to occupy the land, which was donated to Mandela, had no force or effect as she did not have a deed of alienation to claim such.
“The late Mr Mandela, however, acquired full registered ownership of the property and has a title deed thereto. He effected improvements thereon which enhanced the value of the aforesaid land.
“ however, seeks to have the land and the improvements thereon transferred to her. She seeks a relief which is more than what she allegedly lost,” wrote Nkwinti.
He added that the traditional leaders of AbaThembu could not have granted Madikizela-Mandela ownership of the land as they had no such authority.
Nkwinti said the land allegedly allocated to Madikizela-Mandela does not form the entire land donated to Mandela.
“Despite this assertion, she seeks to have the entire land given to her.”
In her application, Madikizela-Mandela’s claim that Mandela should not have used the State Land Disposal Act for his personal benefit.
Nkwinti disputes this in his affidavit.
“It is clear from the record that the Act did not prohibit the aforesaid donation to . There was no undue influence exerted upon the Minister of Land Affairs to donate the land to .
“Such aspersions sought to be cast upon the late are not only unfounded and untrue but are unfortunate as well,” wrote Nkwinti.
The executors are expected to file their affidavit today.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said he would not comment on the matter, but said they would file a replying affidavit in due course. — abongilem@dispatch.co.za
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