Alexforbes
In a fresh twist to the heated family battle over the late former deputy president David Mabuza’s estate, financial services firm Alexforbes has issued a statement addressing an interim order from the Mpumalanga High Court. The ruling, delivered on Tuesday, halts any payout from Mabuza’s R44-million living annuity amid claims from his daughter and former partner. While the company respects the court’s decision, it has signalled plans to challenge aspects of the order, particularly a cost order deemed unfair. This case shines a light on the complexities of estate distribution, especially when involving high-value annuities and disputed family ties.
Mabuza, who served as South Africa’s deputy president from 2018 to 2023, passed away on 3 July 2025 at the age of 64 after a prolonged illness. His death has sparked multiple legal wrangles over his assets, including this substantial pension fund. The dispute underscores ongoing tensions in South African families over inheritance, particularly in cases blending customary and civil marriages.
Background to the Family Dispute
The legal action stems from an urgent application brought by Tamara Silinda, Mabuza’s 19-year-old daughter and a first-year medical student at the University of Cape Town, along with her mother, Emunah Silinda (also known as Funi Ruth Silinda). They are contesting the distribution of the R44.7-million living annuity held with Alexforbes, claiming it should consider all dependants rather than solely the nominated beneficiary.
Emunah Silinda asserts that she entered into a customary marriage with Mabuza in 1999, complete with lobola negotiations and traditional celebrations, which was never dissolved. This claim challenges the status of Nonhlahla Patience Mnisi, Mabuza’s widow, who holds a marriage certificate issued posthumously and is listed as the sole beneficiary on the annuity policy. Mnisi maintains her position as the lawful spouse, arguing that the funds should go directly to her as per Mabuza’s wishes.
Tamara seeks interim maintenance of R40,000 per month for living expenses and R127,990 annually for her tuition and related costs. She bases her claim on Section 28(1)(c) of the Constitution, which safeguards children’s rights to parental care and support, even after a parent’s death. The application highlights the financial strain on young dependants pursuing education amid estate disputes.
Adding to the family friction, Mabuza’s sister, Zandile Mabuza, has publicly branded Mnisi as selfish in the pension battle, deepening the feud. Zandile attended court proceedings and expressed frustration over what she sees as an unfair exclusion of other family members from the inheritance.
Mabuza transferred his pension from the Political Office-Bearers Pension Fund to the living annuity with Alexforbes in early 2023, a move that shifted the funds’ regulation from pension laws to insurance and tax acts. This transfer has become central to the legal arguments, as it removes trustee discretion typically applied in standard pension funds.
Court Proceedings and the Interim Order
The matter was heard in the Mpumalanga High Court in Mbombela, presided over by Judge Johannes Roelofse. On 23 September 2025, the court addressed discrepancies in Alexforbes’ policy documents, ordering the company to submit a clarifying affidavit by 26 September. Advocates for the applicants, DJ Sibuyi and another, were to respond by 29 September.
The interim order, issued on Tuesday, prevents Alexforbes from disbursing any funds to Mnisi pending the finalisation of Part B of the application. This part will determine the proper allocation among all dependants. Judge Roelofse instructed all parties to approach the court registrar by 15 October 2025 to set dates for the next phase.
During earlier hearings, Sibuyi argued that Alexforbes should investigate all dependants, criticising the firm for potentially eroding public trust. In contrast, Advocate Victor Kruger, representing Mnisi, emphasised that the annuity is not part of the estate and must follow the nomination strictly.
The court also imposed a cost order against Alexforbes, which the company views as unjustified given its compliance with prior directives.
Alexforbes’ Statement and Legal Clarifications
In its response, Alexforbes expressed respect for the court’s ruling but announced it is reviewing legal options, especially concerning the cost order. The firm maintains that it had fully complied with the court’s directions and considers the cost order “unjustified.”
The statement sought to clarify the legal framework: “While retirement fund death benefits are distributed in accordance with Section 37C of the Pension Funds Act, a living annuity is not a retirement fund and is regulated by the Long-Term Insurance Act and the Income Tax Act.”
“Under the law, the insurer must pay the nominated beneficiaries as stated by the policyholder, and there is no discretion to depart from this.”
Alexforbes emphasised the distinction between living annuities and pension funds. Living annuities are paid strictly according to the policyholder’s beneficiary nomination form and do not form part of the deceased’s estate. Retirement funds, however, fall under Section 37C, where trustees must consider the deceased’s dependents and nominees to distribute benefits fairly.
“The difference is critical,” the company said, noting that trustees’ discretion under Section 37C may delay distribution and may not align with the member’s stated wishes.
Alexforbes concluded by reaffirming its commitment to acting within the legal framework while engaging transparently with clients and their families during what is often a “difficult and sensitive time.”
Family Perspectives and Ongoing Tensions
The Silindas argue that the posthumous marriage certificate for Mnisi is invalid, as no marriage can be registered after death. They stress the validity of the customary union, supported by traditional practices like lobola, and seek recognition for Emunah as a spouse entitled to benefits.
Mnisi, on the other hand, relies on the certificate and nomination form, insisting the annuity should proceed without interference.
Zandile Mabuza’s comments add a personal layer, accusing Mnisi of selfishness and highlighting broader family grievances over exclusion from the estate. This public spat reflects deep divisions, with some family members uniting against what they perceive as an unfair claim by the widow.
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