‘If there is anyone who can show cause why these two people should not be joined in holy matrimony, speak now or for ever hold your peace.”
Instead of waiting for the priest to say these words before objecting to her estranged husband’s intended wedding this weekend, Tando Mabunu-Mandela secured an interdict from the Mthatha High Court on Thursday, interdicting Mandla Mandela from marrying his Pietermaritzburg-born sweetheart.
The interdict means that preparations for Mandela, grandson of Nelson Mandela, to marry Mbali Makhathini, of Pelham, Pietermaritzburg, should be put on ice, but it was unclear on Thursday if the couple would heed the court order.
Mandela had not responded to Mabunu-Mandela’s application or sent lawyers to the court to defend the action. He and his lawyers were nowhere to be seen when Judge Gloria Mjali ruled against him.
The wedding ceremony was due to take place tomorrow at Mvezo village, outside Mthatha, where Mandela is a chief.
According to the order handed down by Judge Mjali, Mandela and Makhathini are interdicted from marrying on December 24, or on any other date.
The court also ordered that Mandela and Makhathini pay the costs of the application.
On Thursday Mandla Mandela said Mabunu-Mandela was intentionally delaying divorce procedures.
“My attorney... made a generous offer to the legal representatives of Ms Mabunu this week in full and final settlement of the divorce she seeks, including maintenance payments,” he said.
His lawyers offered to grant Mabunu-Mandela the divorce, with the agreement that a monetary settlement be determined by the court.
“Instead of engaging these offers seriously, Ms Mabunu appears intent on delaying the matter indefinitely while attracting negative publicity.”
Makhathini refused to comment.
Mabunu-Mandela’s lawyer, Wesley Hayes, said he was pleased with the ruling.
“This order means that they cannot have any wedding ceremony or celebration, because it would be against the law.”
Mabunu-Mandela says in court papers that she and Mandela were in a civil marriage, and that civil and customary marriages can never coexist between one spouse and his other spouses.
She was still married to Mandela and does not want Makhathini to benefit from money which should be hers.
This is not the first time Mabunu-Mandela has gone to court to have her husband’s marriages declared illegal.
Seven months ago, she was successful in a court application to have Mandela’s marriage to Reunion Island-born Anais Grimaud-Mandela declared illegal. The court ordered that the marriage be expunged from the Department of Home Affairs’ registers.
Mabunu-Mandela has been in running battles with Mandela since she filed for divorce in 2009.
Their divorce proceedings are still pending. She also had R100 000 of Mandela’s assets attached, as he failed to pay her maintenance. - The Mercury