Bus tycoon wins estate appeal against father’s second wife
Widow says she was left destitute
Mabirimisa Bus Service company tycoon Arnold Mabirimisa has been vindicated by the courts once again after the Supreme Court of Appeal (SCA) in Bloemfontein ruled that he had not not prevented his father’s widow, 91, and her children from benefiting from his late father’s estate.
Sowetan previously reported that the Limpopo businessman was dragged to court by his late father Josiah Mabirimisa’s second wife, Nyamukamadi and her children, over the estate. Arnold is Josiah’s first son with his first wife, Denga Denga, also deceased.
The late Josiah was the owner of the popular Mabirimisa Bus Service company based in Nzhelele, Venda.
Nyamukamadi had accused Arnold of taking over the estate and leaving her and her seven children destitute after her husband’s death 34 years ago. At the centre of the dispute were assets including a R3m life insurance payout, a 1982 Mercedes Benz, a tractor, an orchard and goats.
Nyamukamadi first lost the case in the Limpopo High Court in 2021 after it found that the estate had been properly executed under the Black Administrations Act.
Nyamukamadi then approached the SCA this year to reverse the high court judgment but on Monday the court dismissed the appeal.
The SCA found that Arnold hadproved that the administration of the estate was properly concluded under the supervision of a magistrate.
Arnold and his legal representative declined to comment on the outcome of the case but Nyamukamadi’s daughter, Masindi, said the family was shattered after losing the appeal.
“Our mother cried when she heard the news and she has not been doing well since Monday. We feel that the justice system in SA favours those with money and when you are poor you will be left out,” Masindi said.
She said their mother had never benefited from their late father’s estate and had continued to suffer financially. “Even the settlement they claim was made, my mother was never a part of,” Masindi said.
Masindi said this was not the end of their fight, adding that they were discussing their options with their lawyers.
In the SCA judgment, judge MB Molemela said Arnold had submitted concrete evidence reflecting how a settlement agreement was drafted for the estate, which included a payment of R1.4m into a trust account to benefit all three houses.
The arrangement was that a deposit of R50,000 would be paid in March 2006, followed by R15,000 monthly instalments to benefit the widows and children of the late Josiah.
“The first respondent [Arnold] averred that he had fully complied with his obligations under the settlement agreement. Proof of cheque payments was attached to the answering affidavit. Also attached was [a] letter by the magistrate,” Molemela said.
However, the court, said it would not make an order on costs as it would not be in the interests of justice.