The Mpumalanga Division of the High Court was full to capacity as late former deputy president David Dabede Mabuza’s life annuity payout was contested today.

Lowvelder reports that the court heard that Mabuza, who was affectionately known as the Cat, listed his wife, Nonhlahla Patience Mnisi, as the sole beneficiary of his multi-million rand annuity payout.

The retirement annuity, held by Alexander Forbes Financial Services, was intended to cover living expenses after pension. Following Mabuza’s death on July 3, the annuity automatically changed into a death benefit.

One of his daughters, Tamara Silinda (25), wants the court to prevent Alexander Forbes from releasing the money into Mnisi’s bank account, pending an investigation into Mabuza’s other dependants.

She has applied before the court that, in the interim, she receives part of the money including R40 000 towards her well-being and R127 000 for her tuition.

Tamara and her mother, Ruth Funi (Emunah) Silinda, appointed Adv DJ Sibuyi – assisted by Adv Buyile Mdluli – as their legal representatives.

Three more of Mabuza’s children – Lindeni Innocentia Mabuza, Mandisa Vanessa Mabuza and Mxolisi David Junior Mabuza – and DD’s three sisters, Zandile, Winnie and Suzan were also in court to support Tamara and her mom.

Sibuyi told acting Judge Henk Roelofse that he and Mdluli received the nomination at the last minute.

“We were given a nomination form by the second respondent (Alexander Forbes) last night. The court must consider that the deceased had several biological children. We are saying a nomination is only a wish and we differ with it,” said Mabuza.

Alexander Forbes’ legal representative, Adv Siphesihle Moshiane from the Johannesburg Bar Group One Advocates, confirmed that DD’s R44.7m was still in the hands of her client and that Mnisi was the sole beneficiary.

Adv Victor Kruger for Mnisi concurred, but put it to the court that the money was in a form of investment and was not supposed to be distributed like an estate.

However, Sibuyi insisted that this was the only money available for all of DD’s dependants to share, regardless of the nomination.

At the end the judge ruled that Alexander Forbes must submit an affidavit by Friday, explaining a contradiction in its own set of rules regarding the payment of annuity funds when there were other beneficiaries except the nominated individual.

The applicants have been requested to submit an answering affidavit by Monday, so that based on the affidavits from both parties, the court will be able to make a ruling on a way forward.

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