Johannesburg - Winnie Madikizela-Mandela’s battle to regain Nelson Mandela’s Qunu property has taken a sharp twist.
An Eastern Cape chief filed an affidavit on Thursday in the Mthatha High Court, corroborating Madikizela-Mandela’s assertion that the land on which the property was built belongs to her.
“As far as I can recall, the Mandela home was allocated in terms of tribal law to the applicant (Madikizela-Mandela) as early as 1989 and/or 1990. I was present during that time,” Chief Zwelidumile Mbande says in the affidavit.
Mbande made the claim amid mounting affidavits before court, rejecting Madikizela-Mandela’s contention that the land was hers.
Last month, the executors of Mandela’s estate filed papers, disputing Madikizela-Mandela’s version of events regarding the property and also accusing her of opportunistically waiting until Mandela had died to claim its ownership.
Rural Development and Land Reform Minister Gugile Nkwinti also wrote an affidavit in which she said Mandela had acquired “full, registered ownership” of the property and its title deed.
However, Mbande, who is the tribal chief of the Mthentu Administrative Area, says papers filed on behalf of the Rural Development and Land Reform Department have suggested that he signed a resolution on behalf of the Ebotwe Tribal Authority for the issue of a deed of grant and the donation of the land to Mandela.
Mbande, who was the deputy head of the Ebotwe Tribal Authority when the land was supposedly donated to Mandela, says in the court documents that he wants to set the record straight.
“As I can recall, that document was presented to me for confirmation that the extension (at the property) were for farming in the Mandela homestead. The document was never intended to be a resolution but it was an identification of the extension for purposes of farming, which the attorney indicated was for agricultural purposes.”
Mbande continues: “Since that was an honourable home and I had knowledge of that home, I signed. I am surprised today that the document is claimed to be a resolution of the tribal authority for the donation of the land.”
He says there was never any meeting convened by the Ebotwe Tribal Authority to decide on an application for the donation of land to Mandela.
Mbande says he was also shocked to learn that a deed of grant in respect of the property existed, whereas ownership of land in rural areas was nominal and not real.
The chief says in his affidavit the property is the only one of about 600 homes that has a title deed.
The executors of Mandela’s estate said Mandela donated R150 000 to the Ebotwe Tribal Authority for the community’s benefit after the land was donated – something Mbande denies.
“There was no such donation received by the Ebotwe Tribal Authority. I do not deny that the late president Nelson Mandela must have made the donation to another tribe or community, but certainly not the Ebotwe Tribal Authority during 1995 and 1996.
“I was the deputy head of the Ebotwe Tribal Authority and certainly would have known about the donation.”
The Star