The family members of former deputy president David “DD” Mabuza have thrown their weight behind his 25-year-old daughter, Tamara Silinda, after she took legal steps to halt what she calls an unfair R44-million pension payout.
Tamara’s urgent interdict was heard at the Mbombela High Court on Tuesday, where she outlined why investment firm Alexander Forbes should be stopped from disbursing the funds to one nominated beneficiary while other children of the former deputy president remain excluded.
Judge Johannes Reolofse postponed the case to September 30, directing Alexander Forbes to file an affidavit by Friday, explaining its pension payout policy and why the money was earmarked for a single claimant.
Outside court, Mabuza’s sister, Zandile Mabuza, told reporters that she was proud of her niece for taking the matter to court.
“My brother’s kids [should] get an equal and fair share of their father’s estate. We are giving special thanks to Tamara for standing up,” said Zandile.
“If it wasn’t for her, this money would have been paid and gone. We want to see justice for all of them. The majority of them are not working.”
Mabuza’s other children, listed as respondents in the case, also publicly sided with Tamara.
“We came to support our half-sister Tamara in her case against Mama Mnisi. All the items she wanted to address, we [also] wanted to address,” said Lindeni Mabuza.
Fight for equitable distribution
In her affidavit, Tamara describes herself as a dependent child of the deceased who requires immediate support to continue her studies at the University of Cape Town, where she is enrolled for a degree in medicine.
She told the court that her late father left behind several dependants, including children and family members who relied on him financially.
Tamara argues that South African law recognises equitable distribution of pension and annuity benefits, especially when multiple dependants are left behind.
She said it would be unjust and unconstitutional for one person to benefit exclusively from the R44-million living annuity, while children of the deceased face dire financial strain.
She is seeking interim relief to cover tuition of R127 990 a year and monthly upkeep of R40 000, which includes groceries, accommodation, transport, and medical needs.
She cautions that without this relief, she could face expulsion from the university and face a “shattered” life.
Tamara also told the court that her family has been denied access to the Mabuza homestead in Barberton and to the grave of the former deputy president, arguing that this violates their cultural and constitutional rights.
Validity of marriage certificate
Mabuza died on July 3 and was afforded a state funeral in Barberton.
His death certificate and annuity details confirm that the former deputy president held a living annuity with Alexander Forbes valued at about R44-million.
The first respondent, Nonhlanhla Patience Mnisi, claims to be Mabuza’s lawful wife and was listed as the sole nominated beneficiary of the annuity.
However, Tamara and her mother, Emunah Silinda, dispute Mnisi’s claim, challenging the validity of a marriage certificate that was allegedly obtained posthumously.
The applicants argue that equitable distribution is a constitutional obligation, backed by precedent from the Supreme Court of Appeal and the Constitutional Court, which have repeatedly ruled that nomination forms do not override the rights of lawful dependants.
The case resumes on September 30.
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