Mandela family back in court only day after global birthday celebrations

makimandla
The two feuding parties

The Mandela family feud ostensibly about graves, continued unabated on Friday.

Lawyers for former president Nelson Mandela’s grandson Mandla Mandela returned to the High Court in Mthatha on Thursday to seek the return of the remains of three family members to Mvezo.

“We brought an application on July 3 to rescind a court decision and the matter was set down for today 1/8Thursday 3/8,” said his lawyer Gary Jansen.

The court had ordered Mandla Mandela to move the remains from Mvezo back to Qunu.

Lawyers for other members of the Mandela family filed a notice opposing this application. They had 14 days to file opposing papers.

On July 3 the court ordered him to return the remains of his grandfather’s three children to Qunu from Mvezo, where he moved them two years ago. It then dismissed his application to rescind its decision as frivolous.

The remains are those of Mandela’s eldest son Madiba Thembekile, who died in a car accident in 1969; Mandla Mandela’s father Makgatho Mandela, who died in 2005; and Mandela’s first daughter Makaziwe Mandela, who died as an infant in 1948.

Wesley Hayes, for Makaziwe Mandela and 14 other Mandela relatives, confirmed the matter was in court on Thursday.

“I can confirm that the matter was erroneously placed on the roll by the respondent’s (Mandla Mandela’s) attorneys,” he said.

“Today saw the removal of the matter. The next step for us would be to file the opposing affidavit in due course.”

On July 6, Jansen said a complaint would be lodged against the Mandela family’s lawyers for misleading the courts on the condition of former president Nelson Mandela’s health.

The complaint relates to an affidavit submitted by the 15 members of the Mandela family in an application to exhume the remains of the three.

Jansen said the Mandela family’s lawyers had used the affidavit to mislead the court. – Sapa

Mandela’s legacy: Fighting about money

makimandlaSince Nelson Mandela’s hospitalisation, his daughter Makaziwe and grandson Mandla have emerged as the two bulls in the kraal. And it’s about money.

Since the hospitalisation of former state president Nelson Mandela last month, his eldest daughter, Makaziwe Mandela (60) and eldest grandson, chief Mandla Mandela (38) have engaged in a public spat about ownership of the icon’s legacy, or rather income.

This week, Mandla, officially head of the Mandela clan, denied that there was tension between him and his aunt. A few days later, Makaziwe and 16 other family members filed an interdict with the Eastern Cape High Court, ordering Mandla to return the remains of three family members he controversially exhumed two years ago and re-buried in Mvezo.

The matter was first raised at a family meeting held in Qunu last week. Mandla allegedly walked out and refused to answer why he had taken such a huge decision without consulting the family.

When he moved the graves, Mandla said that Mvezo was the birthplace and traditional home of the Mandelas and therefore held historic and heritage significance.

Mandla, who is based in the family homestead in the Transkei, became the chief of Mvezo after the death of his father Makgatho Mandela in 2005. He was chosen as a successor at the age of 32. He graduated with a degree in politics from Rhodes University and is a Member of Parliament for the ANC.

In recent years he has become increasingly vocal politically as a member of the ANC and a traditional leader. In an interview this week with Cii, an Islamic radio station, he spoke of how people needed to embrace their traditions and culture, especially when it came to the treatment of the elderly. “Ubuntu needs to be our guide to everything we do towards senior citizens. There is a lot of disrespect and abuse suffered by the vulnerable,” he said, adding that the topic was close to his heart because of his grandfather’s advanced age and health.

Mandela’s daughter Makaziwe is no stranger to bad publicity either. She and her sister Zenani made news last month by announcing their intent to sue their father’s trust. They went to court in an attempt to remove their father’s choices of directors and trustees of the Mandela Trust, namely attorney George Bizos SC, Human Settlements Minister Tokyo Sexwale and lawyer Bally Chuene.

In his replying affidavit, Chuene reportedly said he, Bizos and Sexwale had, in 2011, refused to release the trust’s money to the daughters without a legal justification. Critics slammed the daughters’ move as desperate and an act of greed. The case was clouded by the recent ill-health of the elder statesman.

Recently, Makaziwe has set her sights further, extending her intervention in the family’s public image and administration. She has added her voice to the ongoing Mandela family graves debacle, moving to make sure that the exhumed remains are returned to and reburied in Qunu.

Makaziwe is also taking a firmer hand with family matters, going as far as addressing not only Mandla, but the media as well. In a recent interview with the SABC she spoke on behalf of the family, accusing the international media of being “racist vultures”.

Her recent unapologetic stance has led to speculation that she is vying to be the new head of the clan.

Makaziwe, affectionately known as Maki, is the daughter of Mandela and his first wife Evelyn. She was named after her older sister who was born in 1947 but who died before her first birthday. She is the only remaining child from Mandela’s first marriage.

Like her father, she attended the University of Fort Hare in the Eastern Cape. She later earned a PhD in anthropology from the University of Massachusetts. She has been in positions of power at the University of the Witwatersrand, the Development Bank of Southern Africa, and now heads the Industrial Development Group, with interests in mining and petroleum.

Last year, Mandla was taken to court by a community member who claimed he dug up private graves (separate to the family graves) in order to build a hotel and a stadium on the land. The case is still in court.

Mandla, however, emphasised the developmental aspect of project, as the stadium is needed for activities such as the Mvezo Komkhulu Youth Tournament, an annual soccer and netball tournament that has been running for six years.

“The tournament is aimed at exposing the talent of rural boys and girls and fighting alcohol and substance abuse. We want the youth to live in clean, healthy environments. Through sport we can have a healthy nation and disciplined future leaders,” he said at the time to local media. However, thanks to flouting correct procedure, the project landed him in court and has further deepened his unpopularity.

Ultimately, one of the two has to start behaving like a leader, or run the risk of the Mandela name being increasingly mired in scandal. – Mail&Guardian