As her claim for the late statesman Nelson Mandela’s Qunu home was dismissed on a technicality‚ Winnie Madikizela-Mandela’s lawyer on Friday said he intends appealing the Mthatha High Court’s ruling so the matter can “properly be ventilated”.
Eastern Cape Deputy Judge President Zamani Nhlangulela‚ who took about two minutes to read the judgment on Thursday‚ ordered Madikizela-Mandela to pay the costs of the executors of Mandela’s estate and of the minister of land affairs.
Madikizela-Mandela’s lawyer‚ Mvuzo Notyesi‚ who said that his client would appeal straight after the decision was handed down‚ told eNCA on Friday that morning the “judgment had not delved into the merits of the application”.
Notyesi said the court “did not decide on the question of ownership of the Qunu home‚ or whether our claim was valid or not”.
“In fact‚ it just decided the matter on pure technical issues‚ namely that there had been an unreasonable delay in launching of the application.”
That‚ Notyesi contended‚ left the “entire application…open”‚ and it was on this basis that he “had been instructed to launch an appeal so that this matter can properly be ventilated”.
Madikizela-Mandela shocked the country two years ago when she launched her claim for the Qunu property a year after Mandela died.
Mandela bequeathed the property to the Nelson Rolihlahla Mandela Family Trust for the benefit of the Mandela family‚ including his third wife‚ Graça Machel‚ and her children.
But Madikizela-Mandela claimed the property had been given to her in 1989‚ while Mandela was in prison‚ by the Ebotwe Tribal Authority. Those who supported her claim included the currently-imprisoned AbaThembu king‚ Buyelekhaya Dalindyebo.
According to Thursday’s judgment‚ the delay in Madikizela-Mandela asserting her claim to the house “was excessive and was not satisfactorily explained.
“The prejudice to the executors and the beneficiaries of the will is manifest.
“Because of the delay they were unable to present the evidence of a material witness‚ namely Mr Mandela.
’’At no time during the lifetime of Mr Mandela did Mrs Mandela lay claim to the property‚” stated the judgment.
“ arranged his affairs and made the dispositions in his will on the acceptance that he had unencumbered ownership of the property.
“The property constituted a major financial and emotional asset in his estate. To overturn this position would be grossly prejudicial.”
The Mandela family welcomed the ruling. Speaking on behalf of the family‚ Mandla Mandela said the family had honoured his grandfather’s final wishes that the Qunu home be managed by the executors of his estate.
“It is deeply regrettable that this challenge to his final wishes should have come from someone of her stature and proximity to the family‚” said Mandla Mandela.
Winnie’s lawyer: ‘Court did not decide on ownership of Qunu home’
Eastern Cape Deputy Judge President Zamani Nhlangulela‚ who took about two minutes to read the judgment on Thursday‚ ordered Madikizela-Mandela to pay the costs of the executors of Mandela’s estate and of the minister of land affairs.
Madikizela-Mandela’s lawyer‚ Mvuzo Notyesi‚ who said that his client would appeal straight after the decision was handed down‚ told eNCA on Friday that morning the “judgment had not delved into the merits of the application”.
Notyesi said the court “did not decide on the question of ownership of the Qunu home‚ or whether our claim was valid or not”.
“In fact‚ it just decided the matter on pure technical issues‚ namely that there had been an unreasonable delay in launching of the application.”
That‚ Notyesi contended‚ left the “entire application…open”‚ and it was on this basis that he “had been instructed to launch an appeal so that this matter can properly be ventilated”.
Madikizela-Mandela shocked the country two years ago when she launched her claim for the Qunu property a year after Mandela died.
Mandela bequeathed the property to the Nelson Rolihlahla Mandela Family Trust for the benefit of the Mandela family‚ including his third wife‚ Graça Machel‚ and her children.
But Madikizela-Mandela claimed the property had been given to her in 1989‚ while Mandela was in prison‚ by the Ebotwe Tribal Authority. Those who supported her claim included the currently-imprisoned AbaThembu king‚ Buyelekhaya Dalindyebo.
According to Thursday’s judgment‚ the delay in Madikizela-Mandela asserting her claim to the house “was excessive and was not satisfactorily explained.
“The prejudice to the executors and the beneficiaries of the will is manifest.
“Because of the delay they were unable to present the evidence of a material witness‚ namely Mr Mandela.
’’At no time during the lifetime of Mr Mandela did Mrs Mandela lay claim to the property‚” stated the judgment.
“ arranged his affairs and made the dispositions in his will on the acceptance that he had unencumbered ownership of the property.
“The property constituted a major financial and emotional asset in his estate. To overturn this position would be grossly prejudicial.”
The Mandela family welcomed the ruling. Speaking on behalf of the family‚ Mandla Mandela said the family had honoured his grandfather’s final wishes that the Qunu home be managed by the executors of his estate.
“It is deeply regrettable that this challenge to his final wishes should have come from someone of her stature and proximity to the family‚” said Mandla Mandela.
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