- Urgency was granted after the court found delays would harm dependent children and beneficiaries.
- The Master must appoint a neutral interim curator within five court days with powers limited to maintenance and asset protection.
- Estate funds may be used for subsistence and education, with all bank balances consolidated and costs paid by the estate.
Children and other dependants of the late David Mabuza will not be left without food, household expenses or school fees while disputes over his R44 million estate are resolved.
This follows an urgent intervention by the High Court in Mbombela, which made it clear that the immediate needs of those relying on the estate must come first.
The order came after Emunah Silinda, formerly known as Ruth Funi Silinda, and Tamara Silinda approached the court. They asked for access to funds to provide basic support, warning that delays had left children and family members without means for essentials. Their application sought not only to prevent hardship but also to ensure the estate did not stagnate without oversight.
With the estate’s administration in limbo and family members and Standard Bank among the respondents, the court found that waiting for the usual process could have left dependants in dire straits.
Recognising the urgency, the judge set aside procedural technicalities, allowing the case to proceed immediately. The court’s order explicitly condoned any prior non-compliance with the rules, stating the matter would be heard as one of urgency under Rule 6(12). The judge acknowledged that administration delays are not just legal technicalities. They interrupt groceries, transport and schooling for real people.
Neutral interim curator to safeguard and support
At the heart of the order is a requirement that the Master appoint a neutral and independent interim curator within five court days. This interim executor will have powers strictly limited to safeguarding assets and providing maintenance. The appointment will last only until a permanent executor is named.
The court’s intent was to shield the estate from disputes and competing interests, ensuring an impartial professional answers to the Master while dependants’ day-to-day needs are met.
The interim curator’s powers are confined to matters of maintenance and protection. The order allows the release of money and property to cover food, utilities, transport and other essentials for the deceased’s family or household. Special emphasis is placed on children’s education. The curator is directed to process and pay school-related expenses as a priority.
To prevent abuse, the court required all assistance to be administered equitably and transparently, in line with the Administration of Estates Act, and demanded that the estate’s assets be protected until final administration.
To ensure transparency, all funds must be moved into a central Estate Late account, from which maintenance and education expenses can be paid with the Master’s approval. The costs of the application are to be paid from the estate, not by those seeking protection for dependants.
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