A bitter legal battle has broken out over the R44.7 million pension of the late former Deputy President David Mabuza, with two women both claiming to be his lawful spouse. The case is currently before the Mpumalanga High Court.
Nonhlanhla Patience Mnisi, listed as the first respondent, insists she was married to Mabuza and has produced a marriage certificate issued posthumously. She argues that this entitles her to be the sole beneficiary of his pension.
Her claim is being challenged by Emunah Silinda (formerly Ruth Funi Silinda) and her daughter, Tamara Silinda. Emunah contends that she and Mabuza were joined in a customary marriage in 1999, and now seeks recognition of that union under the Recognition of Customary Marriages Act.
Tamara, a first-year medical student, is also asking the court for interim financial assistance to cover tuition fees and living expenses while the matter is being resolved.
The applicants argue that nominating Mnisi as the sole beneficiary is unlawful and unfair, as it excludes other recognised dependents. They point to Section 37C of the Pension Funds Act, which requires pension trustees to distribute death benefits equitably among dependents and nominees, regardless of the deceased’s stated wishes.
The case will be heard urgently on 23 September 2025, with legal experts warning that the outcome could have far-reaching implications for how pension benefits are allocated in South Africa, especially in cases involving multiple spouses or dependents.
