Johannesburg – The simmering family feud over the estate of struggle icon Winnie Madikizela-Mandela has taken a dramatic turn, with the late Zindzi Mandela's husband, Johannes Molapo Motlhajwa, entering the fray, claiming a special power of attorney that grants him authority to act on his late wife's behalf.
Motlhajwa, who was married to Zindzi in 2013 until her untimely death in 2020, has instructed his legal team to request a meeting with all parties involved in the estate dispute. His aim, he says, is to ensure that both Madikizela-Mandela's and Zindzi's estates are dealt with concurrently, preventing further delays in winding up his wife's affairs.
In a letter dated 8 June this year, seen by City Press, Motlhajwa's lawyer, SMZ Sibiya of SM Sibiya Incorporated Attorneys, outlined his client's position. "We confirm that we act on behalf and under the instruction of Mr Johannes [Molapo] Motlhajwa who is the surviving spouse and executor of the estate of the late Zindziswa Nobuto Mandela," the letter reads. "We have attached herewith a copy of the executorship and special power of attorney, duly signed by the client. It is common cause that the late Ms Zindziswa Mandela was nominated as one of two heirs as well as one of two co-executors of the estate of the late Winnie Madikizela-Mandela through her last will."
The letter further details that Zindzi's children, Zondwa, Zwelebo and Bambatha, were appointed as co-executors in 2021, following their mother's passing. Zindzi had four children; her activist daughter Zoleka sadly died in September last year after a long battle with breast cancer.
Zondwa, who has been vocal in his desire to be involved in the settlement of his grandmother's estate, argues that he and his brothers inherited their mother's share upon her death. "We kindly request a meeting with yourselves and your client, Ms Dlamini to, firstly, establish a cordial and mutually respectful communication channel between the executors and administrators of both Ms Madikizela-Mandela’s estate and the Ms Zindzi Mandela’s estate," the letter states. "It is hoped that the proposed meeting will establish relationships which will be mindful, respectful of the globally renowned reputation and legacy of the Mandela name [and] family, and ensure that such is preserved with deserved dignity.”
Sibiya, speaking to City Press, confirmed that Motlhajwa's involvement stems from his desire to ensure the smooth and respectful handling of his late wife's estate. "It was uncovered that Ms Mandela-Motlhajwa had a valid claim in Ms Madikizela-Mandela’s estate and that there appeared to be a dispute between the relatives appointed by the Master as co-executors to administer that estate," Sibiya explained. "Subsequently, correspondence was addressed to the Master of the High Court and the lawyers of the parties in dispute, to explore the possibility of resolving the matter amicably."
He stressed that Motlhajwa's concern lies solely with the impact of the delay in concluding Madikizela-Mandela's estate on the administration of his wife's estate. "Mr Motlhajwa’s concern is that the delay in concluding the administration of the Ms Madikizela-Mandela estate inevitably results in delays on the administration of the Ms Mandela-Motlhajwa estate."
This latest development comes on the heels of a legal battle between Mandela-Dlamini and her nephews, Zondwa and Zwelebo. Mandela-Dlamini, in an answering affidavit filed at the Johannesburg High Court, has challenged the legitimacy of Zondwa's co-executorship status, arguing that the appointment process was flawed.
In her affidavit, Mandela-Dlamini stated that she was not consulted during the process that led to Zondwa's appointment as co-executor. "That was consequent upon the letter written by the applicant’s [Zondwa] attorneys … that letter was addressed to the Master [of the High Court] only and not to me or my attorneys, denying me an opportunity to comment. I was denied this opportunity notwithstanding the adverse, but incorrect, statement made concerning the letter. Had I been furnished with an opportunity to respond to the letter, I would have done so."
Zondwa, in his court application filed in January, sought to be involved in all decisions regarding his grandmother's estate, arguing that he and his brother are rightful co-executors. He asserted that they inherited their mother's share of the estate upon her death in July 2020.
The dispute between Mandela-Dlamini and her nephews has been simmering for some time, with Zondwa accusing his aunt of hiding assets and making unilateral decisions about Madikizela-Mandela's estate. The court papers have also revealed a bitter fight between former president Nelson Mandela's daughters, who have accused each other of manipulating the situation for personal gain.
The assets at the heart of this protracted family feud include Madikizela-Mandela's home in Orlando, Soweto, vehicles, sentimental artefacts, her handbags, and even funeral contributions.
The entry of Motlhajwa into the fray, armed with a special power of attorney, has injected a new element of uncertainty into the situation. His involvement, while driven by a desire to protect his late wife's interests, has the potential to further complicate the already complex legal battle. The question now is whether Motlhajwa's intervention will lead to a resolution or further escalate the tensions within the Mandela family.
