MTHATHA – Winnie Madikizela-Mandela is back in the Mthatha High Court on Tuesday, to contest her former husband Nelson Mandela’s will.
The ANC stalwart is attempting to claim ownership of Madiba’s home in Qunu, Eastern Cape.
Her lawyers says she acquired the property in 1989 when Mandela was in jail.
They argue that even though she was divorced under civil law in 1996, she remained married to the former statesman under customary law.
Further, according to Abathembu tradition, when a man re-marries he must give the jointly-owned property to his former wife and children.
“She herself acquires some sort of customary law right, which the courts are enjoined to protect because not to do so would result in scores of women being rendered homeless because courts take up a position and an attitude and they uphold the rights of the man at the expense of the women and his family,” says Advocate Kameshni Pillay.