Interim curator to oversee Mabuza's R44 million pension amid family disputes
The late former Deputy President David Mabuza.
Image: GCIS
AN INTERIM curator is set to handle late deputy president David Mabuza’s over R44 million pension and to see that his dependents are cared for in the meantime.
This follows a Mpumalanga High Court order directing the Master of the High Court to appoint a neutral and independent interim curator within five days, pending the finalisation of the main application and the formal appointment of a permanent executor.
According to the order, the interim curator, subject to the supervision of the Master in Mbombela, will have the authority to consider requests for interim maintenance by Mabuza’s dependent children, as well as the beneficiaries of his estate who need assistance.
While the family of former deputy president David Mabuza is battling it out in court over his multimillion-rand pension, an interim curator was appointed to manage the financial issues for now.
Image: GCIS
The court further ordered that the interim curator may release money and movable property out of Mabuza’s estate, which the curator deemed sufficient to provide for the subsistence of his family or household.
The curator must also ensure that the interim maintenance is administered equitably and transparently, and safeguard the assets of Mabuza’s estate pending its final administration.
As a matter of priority, the interim curator must consider and process the dependent children’s educational expenses and, within five days, make payments to the various educational institutions, having regard to the liquid funds in the estate.
The court made it clear that any payments made in terms of this order shall constitute interim maintenance only and shall not amount to a distribution of Mabuza’s estate, nor shall it determine the rights of any beneficiary, heir, spouse, or creditor.
These orders will remain in place only pending the outcome of future proceedings relating to Mabuza’s estate.
The court outcome follows a bitter dispute over who Mabuza's rightful beneficiaries are and a battle between his two “wives” following his death on July 3 last year.
The focus of the court proceedings was on a R44 million living annuity that he invested through Alexander Forbes Financial Services, and who among Mabuza's loved ones will be recognised as the rightful beneficiary.
IOL earlier reported that the first respondent, Nonhlahla Patience Mnisi, asserts she is Mabuza's lawful spouse and the sole beneficiary of the living annuity.
Emunah Silinda, meanwhile, claimed recognition of her longstanding customary union with the late politician. Adding to the disputes, Mabuza's daughter, Tamara Silinda, a first-year medical student at the University of Cape Town, has asked for urgent financial assistance to cover her educational costs, which total R127,990 annually, along with her monthly living expenses. This week’s interim order is due to make provision for her studies.
Tamara Silinda, meanwhile, argued that her father’s duty to provide for her did not cease with his death and that, in terms of the Children’s Act, she was entitled to maintenance.
They also challenged the legitimacy of Mnisi's marriage certificate and argued that no valid marriage could have been concluded or registered after death.
Silinda and her daughter Tamara initially turned to court after Mnisi was nominated as the sole beneficiary of Mabuza’s pension fund.
These issues are due to be ventilated in court at a later stage.
Cape Times