By Lehlohonolo Lehana.
The case relating to the R44 million dispute over the late former deputy president David “DD” Mabuza’s pension money has been postponed.
Mabuza’s daughter Tamara Silinda filed an urgent application at the Mpumalanga High Court to stop Alexander Forbes from paying the R44 million to Nonhlahla Mnisi, who was the wife Mabuza.
Silinda is demanding that the insurer pay her R40 000 monthly towards her basic maintenance, including clothing, transport, and medical expenses. She says she was dependent on Mabuza’s medical aid, hence her demands for her medical expenses to be covered from his pension money.
She is also demanding that AlexForbes pay R127 990 towards her yearly tuition fees at the University of Cape Town pending the finalisation of the matter.
Her mother, Emunah Silinda, is the first applicant in the matter and Tamara is the second applicant. Mnisi has been cited as the first respondent, Alexander Forbes as the second respondent, the Master of the High Court as the third, the presidency as the fourth, the government pension administrator as the fifth and Mabuza’s six other dependents as the other respondents.
Mabuza, who served as the country’s deputy president from February 2018 to February 2023, died in July. A copy of his death certificate, attached to documents before the court, shows that he was never married, raising questions about his union with Mnisi.
During the proceedings, Adv. Doctor Sibuyi on behalf of Silinda argued that all the children were supported by Mabuza when he was alive, it can’t be allowed that they are now dependent on the state.
Sibuyi argued that the R44 million estate of Mabuza should not be directed to the nominated person.
He told the court that the interdict is grounded in Section 37C of the Pension Funds Act, which governs the distribution of lump-sum death benefits.
Sibuyi argued that the nomination form cannot override the pension law as it requires all dependents to be considered.
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.
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.
Judge Johannes Roelofse says he cannot make a decision based on two conflicting documents. The matter has been postponed to next week Tuesday for further hearing.
Judge Roelofse cited inconsistencies in Alexander Forbes’ policy documents.
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.