Winnie Madikizela-Mandela’s bid to acquire her late ex-husband’s Qunu property was dealt a heavy blow yesterday as the Mthatha High Court dismissed her application for leave to appeal.
Madikizela-Mandela wanted to appeal the Mthatha High Court’s ruling which dismissed her main application to have Mandela’s property given to her. She claims she is the rightful owner of the property, which she reportedly acquired while Mandela was still in jail.
Upon his death, it was revealed that Mandela had 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.
Yesterday, justices Mmonoa Teffo, Willem van der Merwe and Limpopo Judge President Ephraim Makgoba made their ruling just 30 minutes after hearing final submissions from all legal representatives of the respondents and the applicant.
However, Madikizela-Mandela will not give up anytime soon as her lawyers will now petition the Supreme Court of Appeal (SCA).
Speaking to the Daily Dispatch after the ruling, Madikizela-Mandela’s lawyer, Mvuzo Notyesi said: “Naturally I am disappointed with this outcome. We will of course waste no time but prepare papers to petition the SCA.
“We have only 30 days to do that. We strongly believe that another court can come with a different conclusion,” said Notyesi.
The court ordered Madikizela-Mandela to pay the legal costs of the executors of Mandela’s estate and the land affairs minister.
Earlier in the day, Madikizela-Mandela’s legal team, which consisted of instructing attorney Notyesi of Mvuzo Notyesi Inc, Advocate Patrick Mtshaulana SC and Kameshni Pillay SC argued the judiciary should not close its eyes to customary practices.
They said that customary practices should not be interpreted from then perspective of common law.
The executors’ representatives argued in turn that the court application was launched 17 years after Madiba and Madikizela-Mandela were divorced, and after Mandela had passed on. They said the period of delay was excessive and not satisfactorily explained.
Mtshaulana maintained that Madikizela-Mandela only knew after Mandela’s death that the property was disposed under his name, not hers. He said there were no records of the said traditional council and community resolutions to donate land to Mandela.
The minister of land reform had argued that the Ebotwe Traditional Council had resolved to donate the land to Mandela, and that the late state president had in turn donated R100000 to the council.
The Mandelas’ 38-year-old marriage was concluded in March 1996 after they were married in June 1958.
Blow for Winnie’s Qunu land case
Madikizela-Mandela wanted to appeal the Mthatha High Court’s ruling which dismissed her main application to have Mandela’s property given to her. She claims she is the rightful owner of the property, which she reportedly acquired while Mandela was still in jail.
Upon his death, it was revealed that Mandela had 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.
Yesterday, justices Mmonoa Teffo, Willem van der Merwe and Limpopo Judge President Ephraim Makgoba made their ruling just 30 minutes after hearing final submissions from all legal representatives of the respondents and the applicant.
However, Madikizela-Mandela will not give up anytime soon as her lawyers will now petition the Supreme Court of Appeal (SCA).
Speaking to the Daily Dispatch after the ruling, Madikizela-Mandela’s lawyer, Mvuzo Notyesi said: “Naturally I am disappointed with this outcome. We will of course waste no time but prepare papers to petition the SCA.
“We have only 30 days to do that. We strongly believe that another court can come with a different conclusion,” said Notyesi.
The court ordered Madikizela-Mandela to pay the legal costs of the executors of Mandela’s estate and the land affairs minister.
Earlier in the day, Madikizela-Mandela’s legal team, which consisted of instructing attorney Notyesi of Mvuzo Notyesi Inc, Advocate Patrick Mtshaulana SC and Kameshni Pillay SC argued the judiciary should not close its eyes to customary practices.
They said that customary practices should not be interpreted from then perspective of common law.
The executors’ representatives argued in turn that the court application was launched 17 years after Madiba and Madikizela-Mandela were divorced, and after Mandela had passed on. They said the period of delay was excessive and not satisfactorily explained.
Mtshaulana maintained that Madikizela-Mandela only knew after Mandela’s death that the property was disposed under his name, not hers. He said there were no records of the said traditional council and community resolutions to donate land to Mandela.
The minister of land reform had argued that the Ebotwe Traditional Council had resolved to donate the land to Mandela, and that the late state president had in turn donated R100000 to the council.
The Mandelas’ 38-year-old marriage was concluded in March 1996 after they were married in June 1958.
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