David Mabuza's 'child from another marriage' interdicts R44m pension payout

One of late deputy president David Mabuza’s children has approached the court on an urgent basis to halt the distribution of his R44m pension until she has enforced her rights as a beneficiary.

Tamara Silinda, who claims Mabuza was married to her mother Emunah in customary union, also wants Alexander Forbes to be prevented from making any payout from the estate until the matter of the rightful beneficiaries is concluded.

She also challenges the legality of the marriage certificate produced by Mabuza’s wife, Nonhlahla Patience Mnisi, after her father’s death.

In the meantime, Silinda and and her mother have requested an interim maintenance support of R40,000 for monthly living expenses to be paid to them to them, with Silinda demanding a further R127,990 for her tuition fees at the University of Cape Town.

We challenge the legality of this certificate as no valid marriage could have been concluded or registered after death.Tamara Silinda

In court papers filed at the Mpumalanga high court, the duo also challenge the nomination of Mnisi as the sole beneficiary of the pension fund, saying that unjustly excludes other dependants. 

The respondents to the legal action are Mnisi, Mabuza’s other children – Mxolisi David Jr, Lindeni Innocentia, Mandisa Vanessa, Nkosinathi, Angela and Fezile (all Mabuza by surname) – the Presidency, pension funds firm Alexander Forbes and the minister of home affairs.

Mabuza passed away on July 3, leaving behind multiple dependents. Silinda and her mother also state that Alexander Forbes revealed that Mnisi is the sole beneficiary and wants the entire fund transferred to her.

In her affidavit, Silinda says at the time of Mabuza’s death, he was married to her mother under customary law and that the marriage is still valid.

"The first respondent (Mnisi), claims to be the deceased’s wife and has produced a marriage certificate obtained posthumously from the department of home affairs. We challenge the legality of this certificate as no valid marriage could have been concluded or registered after death.

"The sudden demise of my father resulted in my loss of support and basic necessities, including tuition [fees], exacerbating my financial vulnerability.

According to Silinda, her mother is unemployed and that Mabuza had not made provisions for her needs at the time of his death and, as a result, her mother can’t help her meet her financial needs.

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