Nomzamo Winifred Zanyiwe Madikizela Mandela v The Executors, Estate Late Nelson Rolihlahla Mandela and Others

In 1997 the Minister of Land Affairs donated a large property at Qunu to Nelson Rolihlahla Mandela. The donation occurred after the civil divorce between Mr Mandela and the appellant, Nomzamo Winifred Zanyiwe Madikizela Mandela, was finalised in 1996. The property was later transferred into Mr Mandela’s name and substantially developed. Mr Mandela died in 2013, leaving the property to the Nelson Rolihlahla Mandela Family Trust in his will. In 2014, almost 17 years after the donation decision, the appellant launched review proceedings seeking to set aside the Minister’s decision and to invalidate the bequest in the will, alleging lack of community consent under land tenure legislation and claiming rights to the property based on an alleged subsisting customary marriage. The High Court dismissed the review application due to unreasonable delay and refused to condone it, awarding costs against the appellant. She appealed to the Supreme Court of Appeal.

The appeal against the dismissal of the review application was dismissed. The appeal against the costs order in favour of the Minister was upheld, and that costs order was replaced with an order that each party bear its own costs. The appellant was ordered to pay the first respondent’s costs, including the costs of two counsel.

The case reaffirms the application of common-law principles governing unreasonable delay in administrative review for decisions taken before PAJA came into force. It emphasises the duty of reasonable vigilance on the part of litigants, the importance of finality in administrative decisions, and the decisive role of potential prejudice in refusing condonation for delay. It also clarifies that prospects of success are secondary to the consequences of setting aside an administrative decision where severe prejudice would result.