Court orders curator for Mabuza's R44 million pension amid family dispute

THE Mpumalanga High Court has ordered the appointment of an interim curator to manage former deputy president David Mabuza's R44 million pension fund while a bitter dispute between his two 'wives' continues.

The curator will ensure his dependent children's needs are met, particularly educational expenses, pending final resolution of his estate

In terms of the court order, issued in the Mbombela High Court on Tuesday, the Master is directed to appoint a neutral and independent interim curator within five days, pending the finalisation of the main application and the formal appointment of a permanent executor.

According to the order, the interim curator, subject to the supervision of the Master in Mbombela, will have the authority to consider requests for interim maintenance by Mabuza’s dependent children, as well as the beneficiaries of his estate who need assistance.

The court further ordered that the interim curator may release money and movable property out of Mabuza’s estate, which the curator deemed sufficient to provide for the subsistence of his family or household.

The curator must ensure that the interim maintenance is administered equitably and transparently, and safeguard the assets of Mabuza’s estate pending its final administration.

As a matter of priority, the interim curator must consider and process the dependent children’s educational expenses and, within five days, make payments to the various educational institutions, having regard to the liquid funds in the estate.

The court made it clear that any payments made in terms of this order shall constitute interim maintenance only and shall not amount to a distribution of Mabuza’s estate, nor shall it determine the rights of any beneficiary, heir, spouse, or creditor.

These orders will remain in place only pending the outcome of future proceedings relating to Mabuza’s estate.

This week’s orders followed a bitter dispute over who Mabuza's rightful beneficiaries are and a battle between his two “wives” following his death on July 3 last year.

The focus of the court proceedings was on a R44 million living annuity that he invested through Alexander Forbes Financial Services, and who among Mabuza's loved ones will be recognised as the rightful beneficiary.

IOL earlier reported that the first respondent, Nonhlahla Patience Mnisi, asserts she is Mabuza's lawful spouse and the sole beneficiary of the living annuity.

Emunah Silinda, meanwhile, claimed recognition of her longstanding customary union with the late politician. Adding to the disputes, Mabuza's daughter, Tamara Silinda, a first-year medical student at the University of Cape Town, has asked for urgent financial assistance to cover her educational costs, which total R127,990 annually, along with her monthly living expenses. This week’s interim order is due to make provision for her studies.

According to IOL, it was argued on the one hand that Silinda's marriage to Mabuza, entered into in 1999 under customary law, should be deemed valid and that it was never officially dissolved.

“The deceased expressed his intentions to marry me, initiating the traditional process of lobola negotiations between the Silinda and Mabuza families,” she stated, seeking to affirm the authenticity of their union.

Tamara Silinda, meanwhile, argued that her father’s duty to provide for her did not cease with his death and that, in terms of the Children’s Act, she was entitled to maintenance.

They also challenged the legitimacy of Mnisi's marriage certificate and argued that no valid marriage could have been concluded or registered after death.

Silinda and her daughter Tamara initially turned to court after Mnisi was nominated as the sole beneficiary of Mabuza’s pension fund.

These issues are due to be ventilated in court at a later stage.

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