WIN­NIE AC­CUSES MADIBA OF land fraud

Late states­man’s for­mer wife this week filed pa­pers in court in a bid to wrest con­trol of the prop­erty away from the Man­dela Fam­ily Trust

CityPress - - Front Page - LUBA­BALO NGCUKANA luba­balo.ngcukana@city­press.co.za

W in­nie Madik­izela-Man­dela claims that her late for­mer hus­band, Nel­son Man­dela, acted “ir­reg­u­larly and un­law­fully” – and may even have com­mit­ted fraud – when he regis­tered a plot of land in Qunu in his own name. Madik­izela-Man­dela, who di­vorced the for­mer pres­i­dent in 1996, this week filed pa­pers in the Mthatha High Court in a bid to wrest con­trol of the prop­erty away from the Nel­son Rolih­lahla Man­dela (NRM) Fam­ily Trust.

The trust over­sees the East­ern Cape prop­erty on be­half of Man­dela’s widow, Graça Machel.

The strug­gle veteran and ANC MP is chal­leng­ing the State Land Dis­posal Act, which Man­dela al­legedly used to ac­quire the prop­erty.

The act, passed in 1941, al­lows the sit­ting pres­i­dent to do­nate land to peo­ple.

Madik­izela-Man­dela ar­gues in her pa­pers, which City Press has seen, that Man­dela used this act to do­nate the land in Qunu to him­self and that this is a clear con­flict of in­ter­est.

She claims that abaTh­embu king Buyelekhaya Dalindyebo gave her the land when Man­dela was still im­pris­oned and that it is right­fully hers.

“The pres­i­dent can­not use the act re­lied upon for his own per­sonal ben­e­fit, and to al­low that would be con­trary to the pro­vi­sions of the act and the pro­vi­sions of the Con­sti­tu­tion for

The Qunu prop­erty re­mains my house and, there­fore, the tes­ta­ment in so far as it seeks to dis­pose of that prop­erty is in­valid and li­able to be set aside from [Nel­son Man­dela’s] will

WIN­NIE MADIK­IZELA-MAN­DELA

the Repub­lic of South Africa … The deed of grant was ir­reg­u­larly ob­tained, and ob­vi­ously there was mis­rep­re­sen­ta­tion or fraud since the prop­erty was ob­tained by me and not Mr Man­dela.

“At the least, the deed of grant could have been law­fully ob­tained in my favour.”

She also claims the re­liance on the act is “clearly wrong” be­cause it only al­lows the pres­i­dent to do­nate state land and not “take land for him­self”.

In pa­pers filed be­fore the court, Madik­izela-Man­dela ar­gues: “The ap­pli­ca­tion con­cerns the va­lid­ity of clause 4.5.3 in the will at­tested by the late Mr Nel­son Rolih­lahla Man­dela in terms of which he be­queathed the Qunu prop­erty in the fol­low­ing terms: I be­queath the Qunu prop­erty and the mov­able as­sets in or on it at the time of my death to the Nel­son Rolih­lahla Man­dela Fam­ily Trust.”

The ex­tract from Man­dela’s will con­tin­ues: “It is my wish that trus­tees of the NRM Trust ad­min­is­ter the Qunu prop­erty for the ben­e­fit of the Man­dela fam­ily, and my third wife and her two chil­dren, Malen­gane Machel and Josina Machel. The Qunu home should be used by my fam­ily in per­pe­tu­ity in or­der to pre­serve the unity of the Man­dela fam­ily.” But Madik­izela-Man­dela is hav­ing none of it. “The Qunu prop­erty re­mains my house and, there­fore, the tes­ta­ment in so far as it seeks to dis­pose of that prop­erty is in­valid and li­able to be set aside from the will,” she said in her pa­pers.

She said in the court pa­pers that she in­tended to use af­fi­davits from Dalindyebo to prove her case. The king has al­ready said pub­licly that Madik­izela-Man­dela is the right­ful owner of the Qunu land.

Pres­i­den­tial spokesper­son Mac Ma­haraj said he could not com­ment at this stage.

Man­dela’s el­dest grand­son, Mandla Man­dela, said it would be pre­ma­ture for him to com­ment on the mat­ter be­cause it was still be­fore the court.

Nel­son Man­dela’s home in Qunu, East­ern Cape

PHOTO: MUNTU VI­LAKAZI

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