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MVUZO NOTYESI INCORPORATED


ATTORNEYS & ADMINISTRATORS

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

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(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
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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.
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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.


We hope you will find the above to be in order.



Yours faithfully


___________________
MVUZO NOTYESI INC.

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