Agrees she has customary law support.
ABATHEMBU King Buyelekhaya Dalindyebo has come out in support of Winnie Madikizela-Mandela’s bid for Nelson Mandela’s Qunu home.
During a media briefing at Bumbane Great Place yesterday Dalindyebo said he was 100% behind Madikizela-Mandela and that no one should contest her claim.
Madikizela-Mandela’s lawyers have written to the executors of Madiba’s estate saying that according to custom, the property she had acquired while Madiba was in jail belonged to her and her direct descendants.
“Mam’uWinnie legally contested the divorce meaning she was not the initiator of the divorce (Madiba was),” said Dalindyebo.
“According to custom the family was never approached (to explain) whether the marriage had ended or not – the status of the marriage in the Madiba clan still remains.”
Dalindyebo is stated as one of the people to be approached to submit written affidavits to the executors supporting Madikizela-Mandela’s rights to the property if the need arises.
The king said when a man initiates the divorce, the family regards it as null and void and that it is only when the woman’s family initiates such action that the divorce is upheld and the woman relinquishes her rights as wife and member of her husband’s family
“It is the same thing that happened in the Maxhwele family in Zimbane. The family fetched the wife to come and mourn for her husband and act as a chief on behalf of her son.
“The differences between the (couple) involved do not affect the family,” he said.
Dalindyebo said if Mandela’s divorce decree did not mention anything about the Qunu home, custom should prevail.
“She remains the head of that home. In the case between Madiba and mam’uEvelyn the same situation may exist, where Madiba initiated the divorce, but there is a difference because Evelyn married another man.
“That marriage nullifies any status (of her previous marriage), meaning even her children would belong to mam’uWinnie because she has the most senior status in the family.”
Dalindyebo said Madikizela-Mandela’s claim was legitimate in that she was the one who had asked for the Qunu property from him.
“It was around 1989 after the reburial of my father when mam’uWinnie requested the plot from me and my elders who were then working in Johannesburg.
“The regent approached the chief of the area and she was given the property. She is on the right track; she is contesting on customary grounds.”
The executors of Madiba’s estate, deputy chief Justice Dikgang Moseneke, Judge President Themba Sangoni and advocate George Bizos will today meet regarding Madikizela-Mandela’s letter.
If a decision is not made in her favour she will approach the courts, her attorney Mvuzo Notyesi said.
Meanwhile, lawyers for Dalindyebo have responded to President Jacob Zuma’s July 23 letter to the king in which he instructed Dalindyebo to respond within 30 days on why he should not be dethroned.
In response they requested Zuma to withdraw his demand and issue a public statement “with the view to allay the fears induced upon AbaThembu as a result of the said letter, and that Zuma publicly apologies to him (Dalindyebo) and AbaThembu.
“Failure to comply on or before 16.00 on Monday 11 August will result in the institution of urgent proceedings in the constitutional court or any other appropriate forum aimed at protecting the violated rights of the King and AbaThembu at large.” — abongilem@dispatch.co.za
King backs bid by Winnie for Qunu
ABATHEMBU King Buyelekhaya Dalindyebo has come out in support of Winnie Madikizela-Mandela’s bid for Nelson Mandela’s Qunu home.
During a media briefing at Bumbane Great Place yesterday Dalindyebo said he was 100% behind Madikizela-Mandela and that no one should contest her claim.
Madikizela-Mandela’s lawyers have written to the executors of Madiba’s estate saying that according to custom, the property she had acquired while Madiba was in jail belonged to her and her direct descendants.
“Mam’uWinnie legally contested the divorce meaning she was not the initiator of the divorce (Madiba was),” said Dalindyebo.
“According to custom the family was never approached (to explain) whether the marriage had ended or not – the status of the marriage in the Madiba clan still remains.”
Dalindyebo is stated as one of the people to be approached to submit written affidavits to the executors supporting Madikizela-Mandela’s rights to the property if the need arises.
The king said when a man initiates the divorce, the family regards it as null and void and that it is only when the woman’s family initiates such action that the divorce is upheld and the woman relinquishes her rights as wife and member of her husband’s family
“It is the same thing that happened in the Maxhwele family in Zimbane. The family fetched the wife to come and mourn for her husband and act as a chief on behalf of her son.
“The differences between the (couple) involved do not affect the family,” he said.
Dalindyebo said if Mandela’s divorce decree did not mention anything about the Qunu home, custom should prevail.
“She remains the head of that home. In the case between Madiba and mam’uEvelyn the same situation may exist, where Madiba initiated the divorce, but there is a difference because Evelyn married another man.
“That marriage nullifies any status (of her previous marriage), meaning even her children would belong to mam’uWinnie because she has the most senior status in the family.”
Dalindyebo said Madikizela-Mandela’s claim was legitimate in that she was the one who had asked for the Qunu property from him.
“It was around 1989 after the reburial of my father when mam’uWinnie requested the plot from me and my elders who were then working in Johannesburg.
“The regent approached the chief of the area and she was given the property. She is on the right track; she is contesting on customary grounds.”
The executors of Madiba’s estate, deputy chief Justice Dikgang Moseneke, Judge President Themba Sangoni and advocate George Bizos will today meet regarding Madikizela-Mandela’s letter.
If a decision is not made in her favour she will approach the courts, her attorney Mvuzo Notyesi said.
Meanwhile, lawyers for Dalindyebo have responded to President Jacob Zuma’s July 23 letter to the king in which he instructed Dalindyebo to respond within 30 days on why he should not be dethroned.
In response they requested Zuma to withdraw his demand and issue a public statement “with the view to allay the fears induced upon AbaThembu as a result of the said letter, and that Zuma publicly apologies to him (Dalindyebo) and AbaThembu.
“Failure to comply on or before 16.00 on Monday 11 August will result in the institution of urgent proceedings in the constitutional court or any other appropriate forum aimed at protecting the violated rights of the King and AbaThembu at large.” — abongilem@dispatch.co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos