Judge Johannes Hendrickus Roelofse
Rosetta Msimango/News24
The Mpumalanga High Court has ordered Alexander Forbes to clarify discrepancies in policy documents before a ruling on a R44.7-million pension fund for the late David Mabuza can proceed.Tamara Silinda,Mabuza’s daughter,is seeking a share of the pension,while her mother’s legal battle over marital recognition complicates the case.Alexander Forbes must submit affidavits by 26 September,with the case resuming on 30 September for further hearings.
The Mpumalanga High Court has ordered Alexander Forbes to address inconsistencies in its policy documents regarding former deputy president David Mabuza’s R44.7-million pension payout.
Delivering his judgment on Tuesday,Judge Johannes Hendrickus Roelofse said he could not make a decision on the matter due to major discrepancies in the documents.
“It is a large amount of money; people are in dire need,it appears,of support. But I cannot take a decision when I am confronted with two conflicting documents. I am of the view that the only party that can explain this difference is Alexander Forbes.
“I need Alexander Forbes to give me evidence,under oath,why there is such a discrepancy,because ultimately,the central issue to decide is what this money was invested in.”
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Essentially,before deciding,Roelofse wanted to establish whether the money was invested in a life insurance policy or a pension fund.
READ | Death certificate reveals David Mabuza never married as ‘wives’ claim R44.7m pension fund
“Unfortunately,I cannot give a judgment today; I will have to look at further evidence. The second respondent (Alexander Forbes) is hereby ordered and directed to file affidavits explaining the discrepancy between the policy schedule and the benefits and policy document.”
This must be done by no later than Friday,26 September.
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The matter has been postponed to Tuesday,30 September,for further hearing.
Last week,News24 reported that Tamara Silinda,the daughter of the late former deputy president David Mabuza,filed an urgent court application seeking a share of her father’s R44-million pension fund.
In papers submitted on 15 September,the first-year University of Cape Town student asked the High Court in Mpumalanga to interdict Alexander Forbes from disbursing,transferring,or paying out any portion of Mabuza’s R44-million retirement fund pending the finalisation of the matter.
Former deputy president David Mabuza’s funeral.
Rosetta Msimango/News24
The application lists Emunah Silinda,who claims to be Mabuza’s customary wife,as the first applicant,and her daughter,Tamara,as the second.
The respondents in the case include Mabuza’s wife,Nonhlanhla Patience Mnisi,as the first respondent,followed by Alexander Forbes Financial Services,the Master of the High Court,Minister of Home Affairs Leon Schreiber,the Presidency,and the Government Employees Pension Fund. Mabuza’s other children - Mxolisi,Lindelani,Mandisa,Nkosinathi,Angela,and Fezile - are also cited as respondents.
According to court papers filed by Tamara,Mabuza was not officially married. His death certificate,which confirmed he died of natural causes,stated he was never married.
The Mpumalanga High Court hears the case of the late former deputy president David Mabuza’s R44.7m pension.
Rosetta Msimango/News24
This revelation set the stage for what could become a lengthy legal battle as two women – his estranged customary wife,Emunah (formerly Ruth Funi Silinda),and current wife,Mnisi,who obtained a marriage certificate posthumously – vie for recognition and entitlement to his pension.
Tuesday’s court case unfolded in two parts.
On Tuesday,Tarama asked the High Court to be included when Alexander Forbes pays out the R44.7 million.
At a later stage,Tamara’s mother,Emunah,will petition the court to recognise her customary marriage to Mabuza posthumously.
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She claims the lobola negotiations were completed in August 1999 between their families,thereby solidifying their union.
However,Emunah does not have the lobola letter,which was in her late father’s possession.
Emunah had taken issue with the fact that Mnisi’s marriage certificate was granted to her by the Department of Home Affairs after Mabuza’s death.
READ | Mabuza’s R44.7m pension: Widow denies ‘ill-conceived’ claim by customary wife,daughter
Pending the finalisation of the matter,the court was asked to direct Alexander Forbes to pay a maintenance amount of R127 990 for Tamara’s university tuition fees.
Another R40 000 was requested to support the 25-year-old’s monthly expenses,including clothing,transport,and medical needs. Tamara’s unemployed mother also asked for R40 000 in maintenance until the estate is distributed.
On Tuesday,both Tamara’s lawyer,Advocate Doctor July (DJ) Sibuyi,and Mnisi’s legal representative,Advocate Victor Kruger,agreed that Tamara was entitled to be maintained by the late Mabuza and that the matter was urgent.
Sibuyi submitted that Alexander Forbes should not pay out the money to one beneficiary,Mnisi. Instead,the trustees should ensure that all the dependents equally benefit from the fund.
However,Kruger said that Tamara should claim from the estate rather than from the living annuity or pension fund held by Alexander Forbes.
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