Late former deputy president David Mabuza. (Delwyn Verasamy/M&G)
The Mbombela High Court has ordered that an interim executor be appointed to handle the R44.7 million pension of former deputy president David Mabuza.
In his judgment, Judge Hank Roelfse said the interim curator was authorised and directed, as a matter of priority, to consider and process dependent children’s educational expenses and make payment to the relevant institutions within five days of his or her appointment, having regard to the availability of liquid funds in the deceased estate.
“The interim curator so appointed shall, subject to the supervision and control of the Master of the High Court, Mbombela, exercise powers solely for the purposes of interim maintenance,” the judgment read.
“The interim curator so appointed shall, subject to the supervision and control of the Master of the High Court, Mbombela, exercise powers solely for the purposes of interim maintenance, including the authority to consider requests for interim maintenance by all dependent children and beneficiaries of the deceased estate who are in need of assistance.”
In September, Mabuza’s daughter, Tamara Silinda, filed an urgent application in the Mpumalanga High Court to stop Alexforbes from paying the R44m to Nonhlahla Mnisi, who was the country’s second lady when Mabuza was President Cyril Ramaphosa’s deputy.
Silinda demanded that Alexforbes pay her R40 000 a month towards her basic maintenance, including clothing, transport and medical expenses. She said she was dependent on Mabuza’s medical aid, hence her demand that her medical expenses be covered from his pension money.
She is also demanding that Alexforbes pay R127 990 towards her annual tuition fees at the University of Cape Town, pending finalisation of the matter.
Her mother, Emunah Silinda, is the first applicant in the matter and Tamara the second. Mnisi has been cited as the first respondent, Alexforbes as the second, the Master of the High Court as the third, the Presidency as the fourth, the Government Pension Administrator as the fifth and Mabuza’s six other dependants as further respondents.
Silinda said her mother, Emunah, had been married to Mabuza under customary law and that the marriage was valid and subsisting.
“My mother was married to the deceased in terms of customary law, and the marriage was never dissolved during the lifetime of the deceased,” she said.
However, that has been denied by Mnisi.
Mnisi’s lawyers argued that her nomination as the sole beneficiary under the living annuity was correct, adding that maintenance claims should be submitted against the estate and not the annuity held by Alexforbes.
While Mnisi argued in her papers and through her lawyer that she was the sole beneficiary of Mabuza’s pension fund, Silinda’s lawyer, advocate Doctor Sibuyi, told the court that Alexforbes had not done its work properly and should have ensured that, before any payment was made, all dependants were considered.