Two 'wives' embroiled in a legal battle over former president David Mabuza's R44 million death benefit
Former Deputy President David Mabuza.
Image: GCIS
A significant legal battle is unfolding at the Mpumalanga High Court concerning the R44-million estate of the late former deputy president David Mabuza.
The court must navigate a complex dispute involving claims from two women who both assert their relationship to Mabuza, with each vying for the rights to inherit his substantial fortune.
Mabuza, who passed away on July 3, left behind a large estate and multiple dependants. Now, the focus shifts to a R44-million living annuity that he had invested through Alexander Forbes Financial Services. This living annuity plays a central role in determining who among those close to Mabuza will be legally recognised as the rightful beneficiary of his wealth.
The first respondent, Nonhlahla Patience Mnisi, claims to be his lawful spouse and the sole beneficiary of this annuity. She is armed with a posthumously issued marriage certificate, stirring questions regarding its legitimacy and the nature of her marriage to the deceased.
In opposition, Emunah Silinda is claiming recognition of her own longstanding customary union with Mabuza. Meanwhile, his daughter, Tamara Silinda, a first-year medical student at the University of Cape Town, seeks urgent interim financial relief to cover her educational expenses, which total R127,990 annually, along with monthly living costs.
The two also argue that Emunah’s marriage to Mabuza, established in 1999 under customary law, should be recognised, asserting that the marriage was valid and, crucially, was never dissolved. Silinda has filed for urgent relief to secure financial support, citing both her and her daughter’s rights as dependants in this troubling scenario.
At the heart of Emanuh's argument is that customary practices, including the payment of lobola and traditional celebrations, were observed during her union with Mabuza.
“The deceased expressed his intentions to marry me, initiating the traditional process of lobola negotiations between the Silinda and Mabuza families," she said.
Meanwhile, his daughter, firmly believes that her father's duty to support her did not expire with his death, citing legal principles that protect children’s rights to parental support, as reinforced by Section 28(1)(c) of the Constitution.
The mother and daughter stressed that no valid marriage can be recognised posthumously, effectively challenging Mnisi's marriage certificate. “We challenge the legality of this certificate, as no valid marriage could have been concluded or registered after death."
sinenhlanhla.masilela@iol.co.za
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