His former wife, Winnie Madikizela-Mandela, whom he divorced
in 1996, is challenging Mandela’s will, demanding that the Qunu homestead and
land should be hers, according to reports in South African newspapers Tuesday.
Mandela, who died in December, left Madikizela-Mandela
out of his will, leaving his $4.3 million in property and belongings to his
wife, Graca Machel, children, grandchildren and great grandchildren, with small
bequests to his staff and doctors. He left money to several educational
institutions.
"The Qunu property should be used by my family in
perpetuity to preserve the unity of the Mandela family," his will said.
However, Madikizela-Mandela’s lawyers have written to the
will’s executor, Deputy Chief Justice Dikgang Moseneke, issuing a challenge.
One of the lawyers, Mvuyo Notyesi, said in the letter that her claim wasn’t an
attack on the will, but an assertion of customary and traditional rights.
The letter said that under African traditional law the
property was rightfully Madikizela-Mandela’s, even if she was divorced from
Nelson Mandela. Tha lawyer added that the customs of Mandela’s aba-Thembu clan
dictated that Madikizela-Mandela and her family should get the family home.
Why would she expect to be maintained after his passing when
she was never maintained during his lifetime? - Tweet by Zindzi Mandela, the
daughter of Nelson Mandela and Winnie Madikizela-Mandela
News about the letter was first published Tuesday in an
Eastern Cape newspaper the Daily Dispatch and subsequently reported by other
South African media. The
letter was reportedly written two weeks ago.
"This position becomes applicable irrespective of whether
the wife was divorced or not," the letter said, according to South
Africa’s City Press newspaper. "It is only in this home that the children
and grandchildren of Mrs. Madikizela-Mandela can conduct their own customs and
tradition."
Machel waived her right to half of Mandela’s estate left to
her in his will, instead taking ownership of four properties the couple owned
in Mozambique, plus vehicles, jewelry given her during the marriage and money
in various financial institutions.
At the time that Madikizela-Mandela was left out of the
will, her daughter with Nelson Mandela, Zindzi, said her mother never expected
any bequest from her former husband.
“Why would she expect to be maintained after his passing
when she was never maintained during his lifetime?” Zindzi Mandela tweeted at
the time.
After the will was read to the family in February, South
Africa’s Mail and Guardian reported that Madikizela-Mandela wanted half of
Mandela’s assets, worth about $2.1 million. Madikizela-Mandela’s claim to the
Qunu property was supported by the controversial Aba-Thembu king, Buyelekhaya
Dalindyebo.
In an unrelated development, South African President Jacob
Zuma recently gave the king 30 days to prove why he should not be dethroned
after complaints from the Aba-Thembu people.
Mandela's property in Qunu had already been the subject of a
bitterly fought court case.
Fifteen members of his family went to court last year in a successful effort to
force the exhumation of family bones from Mandela's birthplace, Mvezo, to Qunu,
where he grew up. At the time, critics charged that family members were trying
to gain control over future tourist revenue from his memorial site.
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