Lawyers representing the executors of late president Nelson Mandela said if he had known the Qunu property did not belong to him, he would have “probably gone to the community” and asked for a different property.This emerged in the Mthatha High Court yesterday on the second day of Winnie Madikizela-Mandela’s court bid for her ex-husband’s property.
Madikizela-Mandela is attempting to have registration of the property in Mandela’s name declared invalid.
In her founding affidavit submitted in 2014 Madikizela-Mandela claimed that the only time she got to know about the registration of the Qunu property in Mandela’s name was after his death – when the executors read out his last will and testimony.
Representing the executors, Vincent Maleka SC, disputed Madikizela-Mandela’s claim that she did not know about the registration of the property, saying she “ought to have known” about the property registration when it was done in 1995.
He said Mandela had spent more than R4-million on the property and that for 16 years Madikizela-Mandela had not done anything about the registration of the property in her late ex-husband’s name.
Maleka argued that the existence of the civil union would trump the customary marriage which took place a few months after the customary marriage.
On Monday, Madikizela Mandela’s lawyers had argued that Mandela had not asked for his lobola back in order to officially end the customary marriage.
The legal representative of the minister of land affairs Viwe Notshe SC also made his submission before court yesterday that Madikizela-Mandela had delayed the application as she instituted it 16 years after the property was registered in Mandela’s name.
In her original founding affidavit, Madikizela-Mandela had indicated that she would challenge the legality of their divorce.
All arguments from the applicant and respondents were concluded yesterday and judgement has been reserved.
Speaking to the Daily Dispatch after court proceedings, Mandela’s long-time friend George Bizos said the past two days had been “stressful” on him.
“I am hopeful … but it has been very stressful for me, allegations were made against Mr Mandela and that has had an effect on me,” said Bizos.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said he was “quite happy” that the matter was finally heard in court.
“We can only hope that the judgement will be delivered soon in the interests of my client. Our position on the cases focuses on the rights of women in relation to common law and customary law,” said Notyesi. — abongilem@dispatch.co.za
Winnie ‘ought to have known’ about Qunu property registration
This emerged in the Mthatha High Court yesterday on the second day of Winnie Madikizela-Mandela’s court bid for her ex-husband’s property.
Madikizela-Mandela is attempting to have registration of the property in Mandela’s name declared invalid.
In her founding affidavit submitted in 2014 Madikizela-Mandela claimed that the only time she got to know about the registration of the Qunu property in Mandela’s name was after his death – when the executors read out his last will and testimony.
Representing the executors, Vincent Maleka SC, disputed Madikizela-Mandela’s claim that she did not know about the registration of the property, saying she “ought to have known” about the property registration when it was done in 1995.
He said Mandela had spent more than R4-million on the property and that for 16 years Madikizela-Mandela had not done anything about the registration of the property in her late ex-husband’s name.
Maleka argued that the existence of the civil union would trump the customary marriage which took place a few months after the customary marriage.
On Monday, Madikizela Mandela’s lawyers had argued that Mandela had not asked for his lobola back in order to officially end the customary marriage.
The legal representative of the minister of land affairs Viwe Notshe SC also made his submission before court yesterday that Madikizela-Mandela had delayed the application as she instituted it 16 years after the property was registered in Mandela’s name.
In her original founding affidavit, Madikizela-Mandela had indicated that she would challenge the legality of their divorce.
All arguments from the applicant and respondents were concluded yesterday and judgement has been reserved.
Speaking to the Daily Dispatch after court proceedings, Mandela’s long-time friend George Bizos said the past two days had been “stressful” on him.
“I am hopeful … but it has been very stressful for me, allegations were made against Mr Mandela and that has had an effect on me,” said Bizos.
Madikizela-Mandela’s lawyer Mvuzo Notyesi said he was “quite happy” that the matter was finally heard in court.
“We can only hope that the judgement will be delivered soon in the interests of my client. Our position on the cases focuses on the rights of women in relation to common law and customary law,” said Notyesi. — abongilem@dispatch.co.za
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