Late President Nelson Mandela’s divorced wife, Winnie Madikizela-Mandela has filed papers in court in support of her demand for control of her former husband’s home at Qunu as a base for her children and grandchildren.
Respondents in the case are: the executors of Mandela’s estate, the registrar of deeds in Mthatha, the minister of rural development and land reform, President Jacob Zuma, the Nelson Mandela family trust, the master of the Johannesburg High Court and Mandela’s widow, Graça Machel.
Only “Certain portions of the will are being contested, it’s not the entire will being contested,” said attorney Mvuzo Notyesi, acting for Madikizela-Mandela.
He said the immovable and movable property at Qunu were as claimed. Notyesi called the claim complex, saying there were no formal deeds for such rural properties, as they were held by the chiefs.
“There was an error in that the late former president bequeathed property that did not belong to him.”
Notyesi said there was “ample evidence” to back Madikizela-Mandela’s claim, and some of this was in the confirmatory affidavits filed with the court papers.
One of those confirmatory affidavits backing the claim is by King Buyelekhaya Dalindyebo, the traditional king of the area that includes Qunu.
He said Madikizela-Mandela wanted control of the property so that her children and grandchildren would have access to it.
“She is not intending to take the house herself”, the King added.
Winnie Madikizela-Mandela has claimed in papers filed in the High Court in Mthatha that her divorce from former president Nelson Mandela was fraudulently obtained and the divorce order should be rescinded.
She also claimed that her marriage certificate was also a fraud.
Madikizela-Mandela previously wrote to Mandela’s executors to claim the property, and the case has now progressed to court.
She claimed that she was not in the country when the divorce was finalised, and only saw the divorce order for the first time in August 2014.
“The certificate is clearly a fraudulent document and is quite obvious that (during) the divorce hearing the court was misled and the divorce order was obtained through fraud or misrepresentation,” she submitted in her affidavit, according media reports.
She pointed out inaccuracies in the marriage certificate, purportedly issued by the then Republic of Transkei for the marriage in June 1958.
Madikizela-Mandela said the Transkei Republic did not exist in 1958 as “independence” was only granted in 1976. The signatures on the certificate did not belong to her or Mandela, she alleged.
“Our marriage officer was Reverend Gamndana and not GGK Madikiza,” as stated on the certificate.
The certificate stated they were married in Bizana, and that community of property was excluded.
Madikizela-Mandela contended that the court never ordered the forfeiture of the Qunu property as they never engaged in any settlement negotiations on their properties.
Mandela’s will was filed with the master of the Johannesburg High Court, and his family trust oversees the Qunu property for the family.
The court papers are understood to run to about 200 pages.
