Winnie Madikizela-Mandela failed to gain former state president Nelson Mandela’s home in Qunu when her application was dismissed by the Mthatha High Court yesterday.
Mthatha Deputy Judge President Zamani Nhlangulela also ordered Madikizela-Mandela to pay the legal costs of the executors of Mandela’s estate and those of the minister of land affairs.
Contacted for comment yesterday, Madikizela-Mandela’s lawyer Mvuzo Notyesi said they would launch an urgent appeal. Madikizela-Mandela shocked the nation two years ago when she launched the claim for her late ex-husband’s Qunu property a year after his death.
The Daily Dispatch previously reported that the property was bequeathed to the Nelson Rolihlahla Mandela Family Trust by Mandela 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 by the Ebotwe Tribal Authority while Mandela was still in prison.
She argued that she acquired the land in 1989 while Mandela was still in jail.
Those who supported her claim included imprisoned AbaThembu King Buyelekhaya Dalindyebo, who argued that the government had never sought permission from him for the deed of grant (of the Qunu property) to be issued in favour of Mandela.
But according to yesterday’s judgment Madikizela-Mandela’s claim had been made nearly 17 years later.
“The period of the delay 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,” the judgment stated.
“He (Mandela) 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.”
In a texted response to Dispatch questions yesterday, Notyesi said: “Mrs Mandela maintains that she could not have conceivably foretold that Mr Mandela would not leave the house for the children and grandchildren when he knew the history of the acquisition of the land by her. For these and other reasons the court decision will be urgently appealed”.
The Mandela family welcomed the ruling.
Speaking on behalf of the family‚ Chief Mandla Mandela said the ruling honoured his grandfather’s final wishes that the Qunu residence be managed by the executors of his estate.
“The family is grateful that this saga has now come to a close and trusts that uMakhulu Winnie will make peace with the judgment and desist from any further actions that may be perceived as amounting to deep Madiba’s legacy and final wishes.
“We respect the right of every citizen to legal recourse‚ but it is deeply regrettable that this challenge to his final wishes should have come from someone of her stature and proximity to the family‚” Mandla said.
He said the family was relieved that the court had left his grandfather’s legacy and estate intact and safe in the hands of the executors he appointed in his last will and testament.
“The Qunu residence symbolises important phases in his early and late history. Qunu is a symbol of hope to our family‚ the South African people‚ all who supported the international anti-apartheid movement‚ and the global community of peace-loving people at large.”
The royal family of the AbaThembu kingdom yesterday also welcomed the High Court judgment.
“We believe that Nkosikazi Nobandla Winnie Madikizela-Mandela was misled by some members of the family.
“We further believe that she did not receive a legal advise she mostly required. We want this judgment to be used as a frame of reference for learning purpose because we are guided by custom, tradition and trends,” spokesman Daludumo Mtirara said.
He said the matter should have been addressed by the Mandela family and if no agreement was reached, elevated it to the royal family of the kingdom of AbaThembu.
“Even though she lost the case in court, she remains a member of the Mandela royal family by virtue of her former marriage and the Mandela children whom she gave birth to.
“However, she must respect our traditions and the functioning of the traditional royal structures,” Mtirara said.
Cultural activist Nomboniso Gasa said she was not surprised by yesterday’s judgment.
“It’s very simple and straightforward. It is also consistent with what I have said about my understanding of customary and civil marriages.”
Political analyst Professor Somadoda Fikeni agreed that Madikizela-Mandela had never stood a chance in her claim.
“Why was not raised while he was still alive? Why did it take so long?” he asked.
Fikeni said Mandela had been careful in his will not to grant ownership of the house to Machel.
“It’s a conditional grant incumbent on her opening it up for use by the whole family and children,” he said. — sikhon@dispatch.co.za
Winnie loses Qunu: judge throws out bid to acquire ownership of Mandela's home
Mthatha Deputy Judge President Zamani Nhlangulela also ordered Madikizela-Mandela to pay the legal costs of the executors of Mandela’s estate and those of the minister of land affairs.
Contacted for comment yesterday, Madikizela-Mandela’s lawyer Mvuzo Notyesi said they would launch an urgent appeal. Madikizela-Mandela shocked the nation two years ago when she launched the claim for her late ex-husband’s Qunu property a year after his death.
The Daily Dispatch previously reported that the property was bequeathed to the Nelson Rolihlahla Mandela Family Trust by Mandela 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 by the Ebotwe Tribal Authority while Mandela was still in prison.
She argued that she acquired the land in 1989 while Mandela was still in jail.
Those who supported her claim included imprisoned AbaThembu King Buyelekhaya Dalindyebo, who argued that the government had never sought permission from him for the deed of grant (of the Qunu property) to be issued in favour of Mandela.
But according to yesterday’s judgment Madikizela-Mandela’s claim had been made nearly 17 years later.
“The period of the delay 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,” the judgment stated.
“He (Mandela) 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.”
In a texted response to Dispatch questions yesterday, Notyesi said: “Mrs Mandela maintains that she could not have conceivably foretold that Mr Mandela would not leave the house for the children and grandchildren when he knew the history of the acquisition of the land by her. For these and other reasons the court decision will be urgently appealed”.
The Mandela family welcomed the ruling.
Speaking on behalf of the family‚ Chief Mandla Mandela said the ruling honoured his grandfather’s final wishes that the Qunu residence be managed by the executors of his estate.
“The family is grateful that this saga has now come to a close and trusts that uMakhulu Winnie will make peace with the judgment and desist from any further actions that may be perceived as amounting to deep Madiba’s legacy and final wishes.
“We respect the right of every citizen to legal recourse‚ but it is deeply regrettable that this challenge to his final wishes should have come from someone of her stature and proximity to the family‚” Mandla said.
He said the family was relieved that the court had left his grandfather’s legacy and estate intact and safe in the hands of the executors he appointed in his last will and testament.
“The Qunu residence symbolises important phases in his early and late history. Qunu is a symbol of hope to our family‚ the South African people‚ all who supported the international anti-apartheid movement‚ and the global community of peace-loving people at large.”
The royal family of the AbaThembu kingdom yesterday also welcomed the High Court judgment.
“We believe that Nkosikazi Nobandla Winnie Madikizela-Mandela was misled by some members of the family.
“We further believe that she did not receive a legal advise she mostly required. We want this judgment to be used as a frame of reference for learning purpose because we are guided by custom, tradition and trends,” spokesman Daludumo Mtirara said.
He said the matter should have been addressed by the Mandela family and if no agreement was reached, elevated it to the royal family of the kingdom of AbaThembu.
“Even though she lost the case in court, she remains a member of the Mandela royal family by virtue of her former marriage and the Mandela children whom she gave birth to.
“However, she must respect our traditions and the functioning of the traditional royal structures,” Mtirara said.
Cultural activist Nomboniso Gasa said she was not surprised by yesterday’s judgment.
“It’s very simple and straightforward. It is also consistent with what I have said about my understanding of customary and civil marriages.”
Political analyst Professor Somadoda Fikeni agreed that Madikizela-Mandela had never stood a chance in her claim.
“Why was not raised while he was still alive? Why did it take so long?” he asked.
Fikeni said Mandela had been careful in his will not to grant ownership of the house to Machel.
“It’s a conditional grant incumbent on her opening it up for use by the whole family and children,” he said. — sikhon@dispatch.co.za
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