The finalisation of former statesman Nelson Mandela’s will, in which he sidelined his ex-wife Winnie Madikizela-Mandela, is being stalled by the court battle over his Qunu home.
Mandela’s lifelong friend and lawyer Advocate George Bizos, SC, yesterday remarked that the global icon’s will should have been finalised a long time ago but because of the court case, it was being held up.
“The will should have been finalised soon after it was read,” he said.
Speaking exclusively to our sister paper the Sowetan after he was honoured with a Freedom of the City of Joburg award together with ailing ANC stalwart Andrew Mlangeni, Bizos said the finalisation of the will would take longer because the hospitalised Madikizela-Mandela was taking the fight for the house forward.
“We won the case against Mrs Winnie Mandela but she has filed a notice of an application to appeal, which we are going to oppose.
“Once the case has been finalised, we will then deal with the will,” said Bizos.
Madikizela-Mandela claimed the home which, according to the Nobel Peace Prize recipient’s will, was left to the family’s royal trust, for the benefit of the Mandela family‚ including his third wife Graça Machel and her children.
Madikizela-Mandela’s bid to lay claim to Mandela’s home was dismissed by the Mthatha High Court earlier this month.
She had sought an order to set aside a November 16 1997 decision by then minister of land affairs Derek Hanekom to donate land to Mandela, who was president at the time.
Handing down judgment on the matter, Eastern Cape Deputy Judge President Zamani Nhlangulela said “the prejudice to the executors and the beneficiaries of the will is manifest … at no time during the lifetime of Mr Mandela did Mrs Mandela lay claim to the property”.
In court papers, Madikizela-Mandela had said that “in the absence of an order dissolving our customary marriage, that marriage still subsisted at the time of Mr Mandela’s death. On this basis, the disposal under Mr Mandela’s will invalid”.
Bizos said they still had to file papers in court to oppose Madikizela-Mandela’s application.
“We have to submit documents and the judges will decide when they will be available to deal with the case,” Bizos said.
No comment had been received from Winnie’s lawyers at the time of writing.
Winnie’s appeal stalls finalisation of will
Mandela’s lifelong friend and lawyer Advocate George Bizos, SC, yesterday remarked that the global icon’s will should have been finalised a long time ago but because of the court case, it was being held up.
“The will should have been finalised soon after it was read,” he said.
Speaking exclusively to our sister paper the Sowetan after he was honoured with a Freedom of the City of Joburg award together with ailing ANC stalwart Andrew Mlangeni, Bizos said the finalisation of the will would take longer because the hospitalised Madikizela-Mandela was taking the fight for the house forward.
“We won the case against Mrs Winnie Mandela but she has filed a notice of an application to appeal, which we are going to oppose.
“Once the case has been finalised, we will then deal with the will,” said Bizos.
Madikizela-Mandela claimed the home which, according to the Nobel Peace Prize recipient’s will, was left to the family’s royal trust, for the benefit of the Mandela family‚ including his third wife Graça Machel and her children.
Madikizela-Mandela’s bid to lay claim to Mandela’s home was dismissed by the Mthatha High Court earlier this month.
She had sought an order to set aside a November 16 1997 decision by then minister of land affairs Derek Hanekom to donate land to Mandela, who was president at the time.
Handing down judgment on the matter, Eastern Cape Deputy Judge President Zamani Nhlangulela said “the prejudice to the executors and the beneficiaries of the will is manifest … at no time during the lifetime of Mr Mandela did Mrs Mandela lay claim to the property”.
In court papers, Madikizela-Mandela had said that “in the absence of an order dissolving our customary marriage, that marriage still subsisted at the time of Mr Mandela’s death. On this basis, the disposal under Mr Mandela’s will invalid”.
Bizos said they still had to file papers in court to oppose Madikizela-Mandela’s application.
“We have to submit documents and the judges will decide when they will be available to deal with the case,” Bizos said.
No comment had been received from Winnie’s lawyers at the time of writing.
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