Former acting Judge Henk Roelofse has urged the family of the late former deputy president David Dabede Mabuza not to further scar one another over Mabuza’s millions, but to resolve the dispute amicably outside of court.

He reiterated this advice on Tuesday, September 30, while delivering a judgment in the Mpumalanga Division of the High Court that prevented Alexander Forbes Financial Services from paying out any portion of the late deputy president’s life annuity, worth R44.7m. Roelofse also announced that it was his last day in office as an acting judge.

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Mabuza had signed a contract appointing Alexander Forbes as the trustees of his money, which is currently at the centre of his family squabbles. The applicants in the matter are Emunah Silinda (formerly Ruth Funi Silinda), who seeks recognition as Mabuza’s estranged wife, and her 25-year-old daughter, Tamara Silinda.

Tamara asked the court to order Alexander Forbes to pay her R40 000 per month for her living expenses and R127 000 for her Cape Town University tuition fees. Mabuza’s other children and sisters have joined the application by submitting supporting affidavits detailing their relationships with the late Mpumalanga premier and deputy president.

In court, Adv DJ Sibuyi of the Mthunzi Law Chambers argued that the money in question should be distributed equally among Mabuza’s dependants.

We accept that DD nominated a single person to benefit from the fund. However, a nomination is only a wish and does not prevent the trustees from considering other dependants, as they are obliged to trace them within 12 months of the insurer’s death. These dependants have the right to benefit from the money,” Sibuyi said, assisted by Adv Buyile Mdluli.

Alexander Forbes’ lawyer, Adv Siphesihle Moshiane of Johannesburg Bar Group One Advocates, confirmed that DD nominated his widow, Nonhlahla Patience Mnisi, as the sole beneficiary. Mnisi’s lawyer, Adv Victor Kruger, insisted that the life annuity was a retirement fund and therefore not subject to distribution among dependants.
In his interim judgment, Roelofse barred Alexander Forbes from paying the money to Mnisi or any other person for the time being.

The Mpumalanga High Court was packed for the judgment of DD Mabuza’s life annuity payout.

The Mpumalanga High Court was packed for the judgment of DD Mabuza’s life annuity payout.“Having read the documents on record, heard counsel, and considered the matter, it is hereby ordered that the second respondent, Alexander Forbes, is interdicted and restrained from disinvesting, transferring, or paying out any portion of the Alexander Forbes Retirement Income Solution – Life Annuity Fund of the late DD Mabuza, pending the finalisation of Part B of this application,” Roelofse said.

“The parties are directed to approach the registrar of this court to manage Part B of the application, and do so before 16:00 on October 15.”

He also ordered Alexander Forbes to pay the costs of the application on a party-to-party scale. Part B of the application concerns a dispute between Mnisi and Emunah over who is legally Mabuza’s wife.

Dorris Mabuza, Nompie Ndaba, Lindiwe Dube, Zandile, Lindeni and Winnie Mabuza.

Mabuza’s youngest sister, Zandile Mabuza, later told Lowvelder that she did not support Roelofse’s advice for family negotiations.

“There is just nothing to talk about with Mnisi, because she was always aware that my brother had children. She was even the one he sent to deposit cash for them over time, but now she pretends they do not exist,” Zandile said.

DD’s other sisters, Winnie and Suzan Mabuza, and his daughters, Lindeni and Vanessa, were also present in court. Lindeni said she was relieved that the money remained secure following the judgment.