Mosioua Lekota, the veteran anti-apartheid activist and former defence minister, had his bank account emptied weeks before his death, the Gauteng High Court in Pretoria has heard. The court was told that Lekota’s lover, known as Adv A, had withdrawn money from their joint account from May last year up to February this year, without his consent.
Lekota’s Mental Capacity Questioned
Judge Anthony Millar delivered a scathing judgment, stating that Lekota was of unsound mind and incapable of managing his own affairs from May last year up to his death on March 4. This means that all the withdrawals made by Adv A were without his consent. The judge ordered that Lekota’s son, Kotane Lekota, be appointed as curator to manage the estate and financial affairs.
The legal feud started when Lekota’s wife, Cynthia, obtained an in-camera order for a curator to be appointed to obtain his medical records from his treating doctor. This was done to protect their joint assets, as she suspected he was not lucid. According to the Department of Justice and Constitutional Development, a curator is appointed to manage the affairs of a person who is unable to do so themselves.
Timeline of Events
The events leading up to the court’s decision are as follows:
- May last year: Adv A starts withdrawing money from the joint account.
- August last year: Cynthia visits Lekota for his birthday and notices he appears not to be lucid.
- January this year: Cynthia visits Lekota again and discusses their financial affairs with him, realizing he is not aware of their financial status.
- February this year: Adv A empties Lekota’s current account.
- March 4: Lekota passes away.
The court’s decision has significant implications for the management of Lekota’s estate and financial affairs. As the South African Revenue Service notes, the estate of a deceased person is subject to tax, and the curator will need to ensure that all tax obligations are met.
