LETTER FROM MVUZO NOTYESI INCORPORATED
ATTORNEYS & ADMINISTRATORS TO DEPUTY CHIEF JUSTICE OF THE CONSTITUTIONAL COURT, on behalf of Mrs NOMZAMO WINNIE MADIKIZELA MANDELA, her children and her grandchildren - RE: ESTATE LATE NELSON ROLIHLAHLA MANDELA, FAMILY PLOT, KWA
MADIBA - QUNU
LETTER FROM MVUZO NOTYESI INCORPORATED
ATTORNEYS & ADMINISTRATORS TO DEPUTY CHIEF JUSTICE OF THE CONSTITUTIONAL COURT, on behalf of Mrs NOMZAMO WINNIE MADIKIZELA MANDELA, her children and her grandchildren - RE: ESTATE LATE NELSON ROLIHLAHLA MANDELA, FAMILY PLOT, KWA
MADIBA - QUNU
LETTER FROM MVUZO NOTYESI INCORPORATED
ATTORNEYS & ADMINISTRATORS TO DEPUTY CHIEF JUSTICE OF THE CONSTITUTIONAL COURT, on behalf of Mrs NOMZAMO WINNIE MADIKIZELA MANDELA, her children and her grandchildren - RE: ESTATE LATE NELSON ROLIHLAHLA MANDELA, FAMILY PLOT, KWA
MADIBA - QUNU
Second Floor, T. H. Madala Chambers TEL : 047-531 4714 14 Durham Street FAX : 047-531 5276 Mthatha e-mail: mnotyesi@telkomsa.net 5100 DATE : 18 JULY 2014
OUR REF: MR NOTYESI YOUR REF:
THE EXECUTOR ESTATE LATE : NELSON ROLIHLAHLA MANDELA CONSTITUTIONAL COURT BRAMFONTEIN
DEAR DEPUTY CHIEF JUSTICE
RE: ESTATE LATE NELSON ROLIHLAHLA MANDELA, FAMILY PLOT, KWA MADIBA - QUNU ___________________________________________________________
We act on behalf of Mrs NOMZAMO WINNIE MADIKIZELA MANDELA, her children and her grandchildren.
Our instructions are that you are an appointed estate executor, in the estate late Nelson Rolihlahla Mandela.
Our further instructions are that as an appointed estate late executor, you are responsible for the distribution of the assets in the estate late and to give effect to the directions of the will as MR Nelson Mandela died testate.
Our client intends not to raise any issue with the will and do accept that it is indeed his last directions or at least expresses the last wish of the late Mr Mandela.
However, our clients wish to record as follows
(a) During his life time, Mr Nelson Mandela had three wives married in different circumstances and different times, namely
2 (i) Evenlyn Mase Mandela (ii) Nomzamo Winnie Mandela; and (iii) Graca Machel Mandela
The first two wives were divorced prior to the death of Mr Mandela, but all had children born out of their respective marriages. Ordinarily and in terms of African customary law, this would mean, Mr Nelson Mandela had the great wife, ( Mrs Evenlyn Mase Mandela ), ( Mrs Nomzamo Winnie Madikizela Mandela, second wife ), Mrs Graca Machel Mandela, third wife ). The children born out of these marriages, are customarily entitled to the common homes to which each of the wives is or was entitled to, according to the custom and tradition. This position becomes applicable irrespective of whether the wife was divorced or not. The sole reason being to preserve the family tree of each of the houses according to custom and tradition. The position remains the same even in instances where the children become married because, they need their common home to perform rituals and other traditions which applies to them. In other words, each of the traditional home obtained by the husband during the substance of a particular marriage, such a home must be preserved for the children born out of that marriage. The position becomes more applicable in relation to the property under communal land which is governed in accordance with the community custom and tradition. Different consideration may be applicable for houses in urban areas
In accordance with the African and Abathembu custom, each wife and children constitute their own traditional houses which will then devolve within generations and generations of that particular house, although children from other houses have a right of access to all the houses.
(b) During the substance of the marriage between Mr Mandela and Evenlyn Mase, first wife, Mr Mandela occupied his parents home in Qunu. In accordance with tradition, that home belongs to Mr Mandela and Mrs Mase Mandela and shall devolve around the children born out of marriage between Mr Mandela and Evenlyn Mase Mandela. Later on, Mr Mandela divorced Evenlyn and got married to Mrs Nomzamo Madikizela Mandela and they had two children, namely Zinzi and Zenani Mandela who both have their own children and those being the grandchildren of Mrs Nomzamo Winnie Madikizela Mandela. The issue in this matter concerns the children and grandchildren of Mrs Madikizela Mandela and their family house situate at KwaMadiba in Qunu, which 3 was first obtained during the marriage between Mr Nelson Mandela and Mrs Madikizela Mandela. In fact, the property in question was obtained by Mrs Madikizela Mandela whilst the husband was in prison. The view we hold is that the aforesaid property belongs to the generation of Mr Nelson Mandela and Mrs Winnie Madikizela Mandela as their common and parental home. It is only in this home that the children and grandchildren of Mrs Madikizela Mandela can conduct their own customs and tradition and the house cannot be given to the sole custody of an individual nor can it be generally given to the custody of any person other than the children of Mrs Madikizela Mandela and / or her grandchildren. This assertion must not be viewed as an intention or suggestion that access to the property or to this home should be excluded from other children of Mr Nelson Mandela. However, control and supervision of the property should be properly determined according to custom and tradition.
(c) During 1989, when the late Mr Mandela was still in prison, Mrs Winnie Mandela sought and obtained a residential site in the Qunu Communal Land, from the Chiefs and King of the Abathembu. All community requirements were followed and fulfilled. The land is situate in what is referred to as KwaMadiba in Qunu. Upon his release from prison during 1990, the late Mr Mandela was shown the site, which he also personally approved. Structures were built and the home became the house of Mr Nelson Mandela, Mrs Madikizela Mandela and their children. Customarily, the property and the house became the house of Mrs Madikizela as the second wife to the late Mr Nelson Mandela.
In view of the above, we seek your confirmation that
(i) The farm and house in Qunu shall be nominal handed over to the children born in a marriage between Mr Nelson Mandela and Mrs Winnie Madikizela Mandela;
(ii) The children born in a marriage between Mr Nelson and Mrs Winnie Madikizela Mandela shall be the joint custodians of the property which shall devolve amongst their generations and generations in accordance with custom and tradition of Abathembu. 4
For the above reasons, and should it prove necessary and subject to your attitude on the above, we shall file necessary affidavits from the elders of Abathembu and King Buyelekhaya Dalidyebo. We will further file affidavits by the Mandela Family to substantiate our submissions onto the matter.
We wish to record that this is by no means an attack on the will of the late Mr Nelson Mandela, and we confirm that none of our clients is contesting the will but our clients are only asserting the traditional and customary rights on what may be contentious in future. We are avoiding contestations of what need not be contested if the matter is amicable resolved. We are open for negotiations in the matter so as to find a solution that must be in the best interest of all the interested parties.
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