The judge postponed his judgment, citing discrepancies in the Alexander Forbes policy.
The battle over the R44.7 million pension of late deputy president David Mabuza played out in the Mpumalanga High Court in Mbombela on Tuesday, ending with unexpected drama.
Mabuza’s daughter, Tamara Silinda, is seeking an urgent interdict to prevent financial services company Alexander Forbes from paying out the former deputy president’s pension until the matter is finalised.
Silinda also wants Alexander Forbes to cover R127 990 for her university tuition fees, as well as R40 000 per month for her living expenses.
Her mother, Ruth Funi “Emunah” Silinda, who is alleged to be Mabuza’s customary wife, is listed as the second applicant, while his widow, Nonhlanhla Patience Mnisi, is the first respondent.
Mabuza, who died in July after serving as South Africa’s deputy president from 2018 to 2023, was reportedly listed as unmarried on his death certificate.
The department of home affairs issued a marriage certificate to Mnisi posthumously.
Legal arguments in Mabuza’s R44m pension battle
On Tuesday, advocate Doctor Sibuyi, representing Silinda and her mother, argued that the interdict is grounded in Section 37C of the Pension Funds Act, which governs the distribution of lump-sum death benefits.
Alexander Forbes, as the second respondent, had provided documents showing Mnisi as the nominated beneficiary of the R44.7 million.
However, Sibuyi argued that the nomination form cannot override the pension law as it requires all dependents to be considered.
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He also said that Section 37C restricts a member’s freedom to allocate death benefits in the same way they would other assets in their estate.
“The fund is only bound by the empowering provision of Section 37C in distributing the death benefits,” Sibuyi said.
The lawyer further argued that Mnisi was not the only dependent, pointing out that six other respondents – Mxolisi David Junior Mabuza, Lindeni Innocentia Mabuza, Mandisa Vannesa Mabuza, Nkosinathi Mabuza, Angela Mabuza and Fezile Mabuza – are all biological children of the late deputy president.
“It is better to clarify for the benefit of the court that each and every one of the dependents have their own mother,” he added.
‘Only a wish’
Sibuyi maintained that a nomination is “only a wish” and not a “peremptory provision”.
“That wish is directed by the person giving such a wish and, obviously, decided case laws have been with us in saying that a nomination is only a guide,” The legal representative told the court.
He noted that Silinda was “happy” the funds remain with Alexander Forbes and have not been released to Mnisi.
If the interdict is granted, Sibuyi argued, Alexander Forbes must reassess the dependents and act in line with its policies.
“If they don’t do their duty, then we can come back to court and say they have not done their work.”
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Sibuyi further said that Mabuza supported all of his children while alive and that they should not now be left dependent on the state.
“We are fortunate because through the application of this court, Alexander Forbes has not paid the money directly to the account of the nominee because once the money is paid to the account of the nominee then we should definitely expect dissipation.
“We are submitting to this honourable court that once that is done, then it means that we will be violating our own constitutional principle because the court should guard against the children suffering, going to despair and relying on the state for their life, while the deceased was looking after them when he was alive.”
Judge reserves ruling
Judge Johannes Hendrickus Roelofse had planned to deliver his judgment on Tuesday afternoon, but postponed the ruling to 30 September, citing inconsistencies in Alexander Forbes’ policy documents.
“I cannot give a judgment today. I will have to look at further evidence,” he said.
The judge said that he wanted clarity on whether Mabuza’s funds were invested in a life insurance policy or a pension fund.
“I cannot sit here and decide things I don’t know,” he said.
He ordered Alexander Forbes to file affidavits explaining the discrepancies between the schedule of benefits and policy document, giving the company until 4pm on Friday, 26 September.
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Meanwhile, two of Mabuza’s daughters, Mandisa and Lindeni, voiced support for their sister’s case, expressing surprise that Mnisi was nominated as the sole beneficiary.
“We knew how the relationship was for the past five years so it didn’t sound right,” Lindeni told eNCA.
She added that they had not spoken to Mnisi since Mabuza’s state funeral on 12 July.
The siblings said they continue to stand together.
“We know each other. That’s one thing Papa made sure that we know each other so we are good. We are supporting each other.”
