Sunday Times

Mandela case built on a lie

Shocking claim about Nelson Mandela’s health made to sway court’s ruling on graves

- STAFF REPORTERS

THE rush to rebury three of Nelson Mandela’s children at his homestead in Qunu this week was based on a lie to the High Court in Mthatha.

David Smith, an advocate representi­ng Mandela’s daughter Makaziwe and 15 others, falsely told acting Judge Lusindiso Pakade that the Mandela family had been advised to switch off life-support systems because the 94-yearold former president was in “a permanent vegetative state”.

Yesterday, Pakade declined to discuss the process or his ruling with the Sunday Times. Smith did not return repeated calls and messages and Makaziwe told the Sunday Times to stop calling her.

Attorney Wesley Hayes, cited by Smith as the source of the report on Mandela’s perilous state, declined to say who had provided the report that doctors wanted the family to let Mandela die.

This has emerged from various sources, including Mandla Mandela, who opposed the court action for the removal of the bodies from his Mvezo homestead, as well as medical personnel connected to the team caring for the former president at the MediClinic Heart Hospital in Pretoria.

The false claim that Mandela’s doctors would attest in an affidavit that he was in a permanent vegetative state encouraged Pakade to accelerate Makaziwe’s claim against her nephew, Mandla, for control over the bodies of her three siblings.

Pakade ordered the reburial as a matter or urgency. The bodies, first buried near Mthatha, then in the village of Qunu to be nearer to other Mandela relatives and later in Mvezo were exhumed and buried for the fourth time inside the grounds of Mandela’s Qunu homestead.

The Sunday Times has now establishe­d, however, that the medical affidavit was never written.

The chairman of the Eastern Cape Bar Council, Gerald Bloem, said Smith’s conduct would be investigat­ed if a for-

A source close to the military, which oversees Mandela’s care, said it was ‘highly improbable’ that the treating physicians would have deposed the affidavit

mal complaint was made to it.

He said it was “disturbing” and “odd” that a status of urgency was sought on the basis of a medical report that was not furnished.

It is understood that Mandla’s lawyers will file a complaint with the council.

Hayes said yesterday he was contacted by the Mandela family last Monday to bring an applicatio­n to the high court for the return of the remains.

On Thursday, when it became public knowledge that Mandela’s health had taken a turn for the worse, he and Smith decided to bring the applicatio­n as one of urgency.

Hayes said that he had liaised with the Mandela family, but the certificat­e of urgency was drafted by Smith.

Hayes said he had also contacted Mandela’s physicians to file supporting affidavits pertaining to the former president’s condition.

It was only after the matter was heard in chambers on Friday last week that they received official confirmati­on that the doctors had declined to provide an affidavit.

Asked whether the family had specified that Madiba was on life support and that they had been advised to switch off the machines keeping him alive, Hayes said he could not comment.

Mandela’s family agree that he has asked to be buried with his family, including his children Makgatho, Thembekile and Makaziwe, who died before her first birthday. Where they are buried will determine where he is laid to rest when that time comes.

The Sunday Times has tried over several days to get comment from Makaziwe. All she would say was: “I don’t want to give comment to the Sunday Times. I said you guys should stop calling me.”

A source close to the military, which oversees Mandela’s care, said it was “highly improbable” that the treating physicians would have deposed the affidavit.

“The treating physicians are contracted to the military and are subject to the confidenti­ality clauses of the military. The commander-in-chief of the military is the president,” he said.

He said if a family member had asked a doctor to submit an affidavit, he would have had to first get “written, informed consent” from Mandela to divulge his medical informatio­n.

“In terms of ethics, it goes against all doctor-patient confidenti­ality. The only person who can give permission is the patient himself,” the medical source said.

But Makaziwe’s lawyer, Smith, reported to the court that she had told him the Mandela family was exploring “as a very real possibilit­y” a decision

MANDLA Mandela, who was the target of a court action by his family this week, controls millions in a trust meant to benefit his relatives and rural people.

Now the family of Nelson Mandela’s grandson and the beneficiar­ies of the multimilli­on-rand trust want an audit to reveal its assets, bank balance and investment­s. Mandla is chairman of the Mvezo Developmen­t Trust.

The trust generates money from internatio­nal donors and is a shareholde­r in a R2-billion media empowermen­t deal. It was set up by Mandla to develop Mvezo, a remote Eastern Cape village where Nelson Mandela was born.

The trust’s beneficiar­ies have accused Mandla, an ANC MP and chief of Mvezo, of using the trust as his own personal bank account.

The government reports show that state department­s, including the department­s of health, tourism and rural developmen­t, have spent more than R250-million in the past three years to improve infrastruc­ture such as roads, water and electricit­y in and around Mvezo, which has a population of about 26 000.

Internatio­nal funders, including the US-based Family Health Internatio­nal (FHI), have paid for setting up a mobile clinic.

Siemens, the global electronic­s company, is sponsoring the constructi­on of a hi-tech school — the Mandela School of Science and Technology.

The trust’s beneficiar­ies, who spoke to the Sunday Times on condition of anonymity, are questionin­g how money from the trust is being used.

Details of the trust are so closely guarded that none of the trustees, apart from Mandla, know about its finances.

Even documents lodged at the Competitio­n Commission by the consortium Sekunjalo Independen­t Media, which is poised to buy out Independen­t News & Media — the owners of 18 newspaper titles, including The Star, Pretoria News and Cape Times — do not disclose the trust’s interests and members.

Instead, the documents, dated April 30 2013, describe Mandla as the “main trustee”.

Mandla was this week embroiled in a court dispute with his family over the exhumation of the remains of three of Nelson Mandela’s chil- dren from Qunu and the reburial of those remains in Mvezo in 2011 without consulting the rest of the family.

Mandla had prepared part of his homestead, Mvezo Great Place, as a place of pilgrimage for people who would want to visit his ailing grandfathe­r’s grave.

The trust’s beneficiar­ies accused Mandla, who in June 2009 had been accused of selling the exclusive television rights to his grandfathe­r’s funeral for R3-million to the SABC, of making decisions on behalf of the trust and trustees without proper consultati­on.

“He is an intimidati­ng man ... and no one in this community — apart from him — knows how much is in the trust’s account, where the money comes from and how it is being spent. No one has the courage to oppose or question his decisions,” said a former trustee, sup- porting a bid for the audit.

“Until recently, the trust had one signatory [Mandla] and five trustees who were clueless about the trust’s finances. Mandla made all the decisions,” he said.

Mandla said in papers that form part of a divorce action against his estranged wife, Tando MabunuMand­ela, that his assets included

He is an intimidati­ng man . . . no one in this community knows how much is in the trust’s account, where the money comes from and how it is being spent

more than R5-million in two bank accounts.

The papers, submitted in the Mthatha High Court, list physical abuse and adultery among the reasons for the divorce. They also show that R3-million in the accounts was a gift from Nelson Mandela.

Mandla, one of about 266 chiefs in the Eastern Cape, did not respond to questions about the trust soon after telling a press conference that his “grandfathe­r has always been my role model. He’s an inspiratio­n to the work I do today.”

Matthew Mpahlwa, Mandla’s legal representa­tive, referred the Sunday Times to the chief’s spokesman, Freddy Pilusa, who declined to comment on the trust’s finances.

“Matters of the trust are accounted to the community via [its elected] trustees and not to the media,” he said, adding that it had two signatorie­s, one being Mandla.

Asked about assets owned by the trust, Pilusa said: “It only owns a Mercedes-Benz Sprinter.”

The audit is the latest in an increasing­ly hostile battle between Mandla and his family, whom he has accused of taking his grandfathe­r to court “to get his money”.

Nelson Mandela’s daughters Makaziwe and Zenani launched a case in April. They alleged that Mandela’s aides, including the respected human rights lawyer George Bizos, had no right to be on the boards of two companies, Harmonieux Investment Holdings and Magnifique Investment Holdings, which are used to channel the proceeds of Madiba’s hand prints.

The proceeds are estimated at more than R15-million.

The Sunday Times has estab- lished that apart from a fleet of cars registered to the Mvezo Developmen­t Trust, it has also taken ownership of a state-funded developmen­t featuring a cultural centre, backpacker­s’ lodge, a restaurant, administra­tive offices and an amphitheat­re.

The R43-million developmen­t, funded by the Department of Tourism, also has traditiona­lly themed rondavels, entertainm­ent facilities, a community hall and a traditiona­l court.

The R8-million museum on the property was funded by the National Lottery Board.

Mandla’s plans for the resort-styled developmen­t neighbouri­ng his homestead included building a private cemetery for his grandfathe­r that would feature a giant bronze statue of the man.

The landscaped developmen­t is expected to generate millions of rands from tourists for the trust.

Mandla is said to be wealthy in his own right. Comment on this: write to tellus@sundaytime­s.co.za or SMS us at 33971

www.timeslive.co.za

 ??  ?? DON’T CALL ME: Makaziwe Mandela refused to answer questions when the Sunday Times contacted her
DON’T CALL ME: Makaziwe Mandela refused to answer questions when the Sunday Times contacted her
 ?? Picture: REUTERS ?? The Mandela family graveyard near the home of former South African president Nelson Mandela in Qunu in the Eastern Cape
Picture: REUTERS The Mandela family graveyard near the home of former South African president Nelson Mandela in Qunu in the Eastern Cape

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