THE Thembu royal family has lashed out at Winnie Madikizela-Mandela's court bid for former president Nelson Mandela's Qunu home calling her application opportunistic and greedy.
Madikizela-Mandela made shocking claims in her court application, saying the marriage certificate submitted to court for the divorce proceedings from Mandela was forged.
Patricia Godwin, of Martin Vermaak Attorneys, said Madikizela-Mandela would have to prove that Mandela was a party to the alleged fraud.
"(And) that the evidence was in fact incorrect, that it was made fraudulently and with intent to mislead - that it diverged to such an extent from the true facts that the court would, if the true facts had been placed before it, have a given a judgment other than that which it was induced by the incorrect evidence to give.
"Fraud, as a ground for the rescission of an order, may take any form and is not limited to perjured evidence or fraud committed during proceedings."
But a senior member of the royal family Daludumo Mtirara said Madikizela-Mandela's claims were not recognised by the royal family because she was an ex-wife.
"Her actions are opportunistic. She is hellbent on denting Dalibhunga's (Mandela's praise name) good name and his legacy. We will not allow that to happen. She is an ex-wife.
"To us there is no challenge on Madiba's will. Such a claim comes as a shock to us," he said.
"We applauded Nkosi Dalibhunga for stating that the Qunu home would become a home for all his children and that the oldest grandson Nkosi Zwelivelile (Mandla Mandela) be the head according to our custom."
Mtirara said the Madiba clan regarded Graça Machel as Madiba's widow and Madikizela-Mandela as his ex-wife.
"They divorced many years ago and she never complained to us or with any institution that the divorce was fake," said Mtirara.
"We were informed by Madiba that they were divorced and she also confirmed, hence she no longer stayed with him.
"Now what she wants to show is that she is greedy even for things she does not have a legitimate claim over."
Mtirara said the family was shocked when Madikizela-Mandela wore mourning clothes.
"We kept quiet because we did not want to embarrass her as an elderly woman."
Cultural expert at the Icamagu Institute Dr Nokuzola Mndende said according to custom no woman should occupy another woman's marital home.
"No woman can live in another woman's home. The home belongs to the children and a new wife should have her own home built for her by the husband."
Madikizela-Mandela's lawyer Mvuzo Notyesi said the legal team was still investigating some aspects of the case, including the allegedly forged marriage certificate.
Mandela's former lawyer Ismail Ayob, who oversaw the divorce proceedings, is keeping mum on the matter.
"What is clear is that, that certificate is the one that was submitted to the court divorce hearing as an exhibit. That certificate is an annexure in the court files in the court case," he said when contacted for comment.
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