Mabirimisa Bus Services, a R3m life insurance payout, a 1982 Mercedes Benz, a tractor and goats are at the centre of a family feud over an estate which is expected to be heard by the Supreme Court of Appeal (SCA) next month.   

The fight is between Nyamukamadi Mabirimisa, 91, and her late husband's son, Arnold, from the deceased's first wife, Denga Denga. Nyamukamadi, who had seven children with bus company owner Josiah Mabirimisa, claims that Arnold took over the estate and did not share the spoils equally with the rest of the family.

Josiah, who died in 1998, had three wives and owned a thriving bus company in Nzhelele, Venda, with 25 vehicles, some of which still service various areas in Limpopo. He also had cattle.

According to court papers, Arnold was appointed as the administrator of his father’s estate as the first son of the deceased in line with section 23 of the Black Administrations Act. Nyamukamadi has argued in court papers that the act has since been repealed because it was considered unconstitutional, and had discriminated against her and other relatives.

Nyamukamadi, from Mamvuka village in Nzhelele, and her children claim that Arnold has since used the proceeds to enrich himself and his relatives from the first house. Nyamukamadi is the only surviving widow from Josiah’s customary wives. 

The case is set to sit before the SCA in two weeks, after Nyamukamadi lost her initial bid to have the Limpopo High Court in Polokwane declare that the estate had not been shared fairly.

The court found that they had not proven that the estate was not properly administered. The family from the third house are listed as respondents because they are an interested party in the matter. 

Arnold has, in court papers, refuted claims that he stole the inheritance and left his relatives penniless. 

Speaking to the Sowetan, Nyamukamadi said she had been left in poverty after Josiah’s death.

“My husband was a good man who looked after all of us. But now I have nothing. I am old and poor,” Nyamukamadi said.

In her founding affidavit, Nyamukamadi told the court that only the family of the first wife had benefited. “I’m an old widow. I would not like to die before I know what has become of my late husband’s estate. I am a pensioner and I am depending on pension grant for survival, whereas my late husband left a fleet of buses,” she stated.

Her daughter, Masindi, claimed the only thing that Arnold had done for her mother was offer her R200 and a bag of mealie meal.

“My heart breaks every time I see one of my father’s buses driving around knowing that I am suffering while my brother is living the high life. His children are driving fancy cars while we have nothing,” said Muvhulawa, Nyamukamadi's son.

However, in court papers Arnold said he had tried to assist Nyamukamadi. He also said he paid a deposit of R50,000 and R15,000 monthly into a trust account to benefit the family.

“I also bought an 80kg maize meal and delivered it to the house of the 1st Applicant but the 1st Applicant returned the 80kg maize meal to the shop where I bought it,” he stated.

However, Arnold declined to comment when contacted by the Sowetan yesterday. 

Frans Mabirimisa, Josiah’s youngest son with his third wife, said: “It is true that Arnold took everything and left the rest of us with nothing. But now the second wife and her children have left us out. They are going to court without us, which has left us surprised.”

He said they were shocked that they were listed as respondents in the case. 

mahopoz@sowetan.co.za