Winnie loses court case over Mandela home
The former wife of Nelson Mandela, Winnie Mandela Madikizela, leaves the Medi Clinic Heart hospital in Pretoria on July 3, 2013. She has had her application for the ownership of the former statesman’s Qunu home dismissed. AFP PHOTO | FILIPPO MONTEFORTE
What you need to know:
- Ms Madikizela-Mandela’s lawyer had argued that abaThembu tribal custom dictated that the rights to the property should go to her and her descendants, irrespective of whether she was divorced or not.
- But a Mthatha High Court in the Eastern Cape province which was Mr Mandela’s birthplace dismissed the application and ordered Ms Madikizela-Mandela to pay costs.
- Her lawyers had argued that the property was the only home where her children and grandchildren can conduct their own customs and traditions.
- In his will, the anti-apartheid icon left the house to his family trust, but Ms Madikizela-Mandela claimed it belonged to her under customary law because it was bought in 1989 while they were still married.
Nelson Mandela’s ex-wife Winnie Madikizela-Mandela has had her application for the ownership of the former statesman’s Qunu home dismissed.
Ms Madikizela-Mandela’s lawyer had argued that abaThembu tribal custom dictated that the rights to the property should go to her and her descendants, irrespective of whether she was divorced or not.
But a Mthatha High Court in the Eastern Cape province which was Mr Mandela’s birthplace dismissed the application and ordered Ms Madikizela-Mandela to pay costs.
Her lawyers had argued that the property was the only home where her children and grandchildren can conduct their own customs and traditions.
It’s unclear if Ms Madikizela-Mandela will appeal Thursday’s ruling.
In his Will, Mr Mandela left the house to his widow Graca Machel of Mozambique and others of his family.
Nelson Mandela spent much of his childhood in Qunu after being born nearby, and he returned there regularly after his retirement. He was buried in Qunu in 2013.
CUSTOMARY LAW
In his will, the anti-apartheid icon left the house to his family trust, but Ms Madikizela-Mandela claimed it belonged to her under customary law because it was bought in 1989 while they were still married.
The couple wed in 1956 and divorced in 1996.
“The family is grateful that this saga has now come to a close and trusts that Winnie will makes peace with the judgement,” the Mandela family said in a statement.
“It is deeply regrettable that this challenge to his final wishes should have come from someone of her stature and proximity to the family.”
Mandela was arrested in 1962 and spent 27 years in jail before becoming South Africa’s first black president in the post-apartheid elections of 1994.
On his death, he left his assets to family members, personal staff, schools and the ruling African National Congress party.
Mandela’s will, which did not mention Madikizela-Mandela, said that he wanted the Qunu homestead to “be used by my family in perpetuity in order to preserve the unity of the Mandela family”.
Mandela married his third wife Graca Machel, the widow of Mozambique president Samora Machel, in 1998.
