The High Court in Mpumalanga is expected to deliver judgment today in the urgent application brought by the daughter and former wife of the late deputy president David Dabede ‘DD’ Mabuza.

According to Lowvelder, the application was lodged by Tamara Silinda and her mother, Funi Ruth ‘Emunha’ Silinda, against Alexander Forbes Financial Services. Tamara seeks to interdict the company from releasing her father’s R44.7m to his nominated beneficiary, his widow, Nonhlahla Patience Mnisi.

According to Alexander Forbes’ nomination form, Mabuza had listed Mnisi as the sole beneficiary. However, Tamara has also asked the court to order interim maintenance of R40 000 per month, along with R127 000 for tuition at the University of Cape Town, where she is a first-year student.

Arguments in court

Advocate DJ Sibuyi, assisted by Advocate Buyile Mdluli, argued that Alexander Forbes was obliged to investigate and consider all of Mabuza’s dependants before distributing the funds.

“The dependants have to be considered. In other words, there must be an investigation by the fund to look at who are the dependants and at the end of the day consider those dependants,” Sibuyi told the court.

He maintained that while Mnisi was the sole nominee, this reflected only Mabuza’s wish and should not exclude dependants. He added that Alexander Forbes’ own policy directives supported this interpretation.

Advocate Victor Kruger, representing Mnisi, countered that she was the sole beneficiary of a retirement fund benefit, which did not form part of Mabuza’s estate.

Judge calls for clarity

Acting Judge Henk Roelofse highlighted discrepancies in Alexander Forbes’ policy documents.

“I’ve closely considered all the documents that were presented to me, especially a policy schedule which constitutes the policy between the late Mabuza and Alexander Forbes and I’ve looked at the policy schedule that forms part of the papers before me,” he said.

“Unfortunately, there is a discrepancy between what the schedule says and the policy document. Normally I would take the policy as the guiding contract between the parties because after all, that is the way that they have contracted it, but due to a lot of discrepancies between the schedule that was annextured to the papers, I cannot make a decision at this moment,” added the judge.

He ordered Alexander Forbes to clarify its policies by way of affidavit, which was due on Friday. Advocates Sibuyi and Mdluli were directed to file their answering affidavits by yesterday.

The ruling is expected today.

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