Mandela maintenance battle .
This single mom has hauled Mbuso Mandela to court because she’s determined to do right by their young daughter
IT’S an all-too-familiar sight in towns and cities around South Africa, where nearly 50% of households are run by single mothers: an anxious young mother sitting outside the courtroom, waiting for her child’s father to pitch up for a maintenance hearing. The mother we’re talking to today saw her child’s father spend a fortnight in prison earlier this year for not attending a maintenance hearing and, she claims, it’s been a year since he’s paid any maintenance for their three-year-old.
But while Gugu Keswa’s struggle might be common, her child’s lineage isn’t. Her little girl is Nelson Mandela’s greatgranddaughter. And her father is Mbuso Mandela – son of Madiba’s son Makgatho, who passed away in 2005.
Gugu (29) and Mbuso (26) have been at each other’s throats over child support for the past two years. Now the family court in Joburg will be investigating whether Madiba’s estate can be held responsible for child support as Mbuso claims he’s broke and unemployed.
Gugu and Mbuso met six years ago when she was a dancer at a Sandton nightclub. At the time she was also trying to make it as a singer and had been working with veteran musician and producer Sello “Chicco” Twala.
After the child was born, Mbuso denied he was the little girl’s father and insisted on a paternity test – which proved he was indeed the father.
In the beginning Mbuso saw his baby regularly and paid R4 000 a month in maintenance. When that dried up Gugu took him to court to force him to pay and “things started fizzling out” between them, she says.
“He hasn’t seen his daughter for months,” says Gugu, a dance instructor and artistic director at Ballex Dance & Entertainment, which specialises in events management and creating exotic costumed themes for functions.
She alleges Mbuso has a R4-million inheritance from Madiba’s will and also gets money from his older brother, Ndaba. Because Mbuso says he can’t pay maintenance the court is looking at other avenues – hence the investigation into the Nelson Mandela Trust.
“I’m happy,” Gugu says. “For the first time in two years I have a magistrate who’s prepared to resolve this matter.”
If a father can’t support his child, the
courts must assess whether the grandparents can provide financial assistance (see page XX) but in this case the child’s grandparents have passed on. The court has also subpoenaed Ndaba to shed light on his brother’s financial affairs.
“Mbuso got a R4-million inheritance from Tata’s estate but says he can’t pay maintenance because he’s not working. When I asked Mbuso what the problem was he told me he was waiting for Ndaba to help him pay the [child] support money. But his bank account shows money coming in and going out,” she adds. “The court is going to find out what’s really happening.”
SEATED on a bench on the second floor of the family court in Joburg, Gugu looks at pictures of her daughter on her phone and wonders out loud, “How do you raise a powerful girl and what does it mean?”
Turning to us, she adds, “Powerful girls grow up feeling secure. This isn’t a personal attack or a fight – just a mother taking a stand for her child. This case has been dragging for two years.”
Gugu claims a clause in Madiba’s will makes it clear that every child who is a descendant of the great man must get something from his estate. “And my child is a direct descendant of Tata Madiba,” she says. “I want my daughter to know her mother stood up and fought, like her great-grandfather Madiba, who stood up for all of us and fought for a just society. I idolise the man,” she says.
Dikgang Moseneke, the former Deputy Chief Justice of South Africa and an executor of Madiba’s estate, said he could not comment on the will as the case was to be heard in court on 15 August.
Gugu hopes her case will inspire mothers who battle to get maintenance out of their children’s fathers. “I decided to take a stand for all women because this thing – men failing to support their children – is a social illness.”
She and a friend picketed outside the court recently while waiting for Mbuso and Ndaba to arrive and will do so again if necessary, she says.
“Men must learn to take action and make positive choices and do positive things for others. This is important because it’s Women’s Month. I’m speaking out for all the women suffering in our country and for our daughters to grow up with a ‘can-do’ attitude,” she says. Gugu is interrupted by her phone ringing. It’s Mbuso. “Hi, yes, remember I notified you about today. I told you we must be in court. Okay, see you later,” she says.
“He wants to know if he has to be here today,” she tells us. “They have to be here, he and his brother. This is what a lot of women at the family court experience. They wake up in the morning to be here, but the men fail to appear. This is why I want to be the voice for all the women who’re suffering and not taken seriously.”
MBUSO was arrested in January on contempt of court charges for failing to attend a maintenance hearing and was released after spending 14 days in Sun City prison in Joburg.
“I don’t want him to be locked up again for contempt of court,” she says.
“But they are coming today,” she adds.
Gugu had no problem with Mbuso insisting on a DNA test to prove he was her daughter’s father.
“I agreed to the paternity test because I wanted what was best for my child. I was happy when it was confirmed he was the father. Now I want the court to force him to support his daughter.
“The whole thing has been tedious and draining. It’s time it came to an end and for my daughter to get what she’s entitled to and needs.”
A few minutes later, Mbuso and Ndaba arrive in court. They sit down next to Gugu and stare straight ahead – no pleasantries are exchanged. They enter the court but we have to stay outside – the media isn’t allowed in the family court.
Mbuso refuses to comment on the case but later tells YOU that “nothing much happened in court”.
“The court is trying to get more details about the trust,” he says. “We’re going back again and we hope this matter will eventually come to an end.”
Gugu is adamant she’ll get justice for her daughter. “To raise a child alone isn’t easy. We, the mothers, must stand up and fight for our rights and the rights of our children.”
‘This isn’t a personal attack or a fight – just a mother taking a stand for her child’