Maqubela’s son testifies on will

INLSA

EMOTIONAL: Duma Maqubela breaks down during his testimony yesterday. He began to weep after Judge John Murphy asked him when last hed spoken to his father, Acting Judge Patrick Maqubela, but he could not remember. Photo: Greg Maxwell

Leila Samodien

Justice Writer

THERE was no reason for Acting Judge Patrick Maqubela, whose wife Thandi is alleged to have killed him, to disinherit two of his own children, his son has testified.

Duma Maqubela said that both he and his half-sister, Patiwe, had “good” relationships with their father.

However, evidence presented earlier in the murder trial shows that the two were left out of the acting judge’s last will and testament – a document the State alleges is fraudulent – while his wife’s daughter from a previous relationship, Sfundiseni, was included in the will.

“At the time of his death, I see no reason for him to disinherit any of us,” Duma testified.

He and Patiwe had regularly spoken to their father over the phone.

Duma said that his father would sometimes visit him in East London, where he lived.

His father had also made him a director in one of his companies shortly before he was appointed as an acting judge at the Western Cape High Court.

The acting judge had four living children, excluding Sfundiseni, who, according to previous testimony, he had never legally adopted.

Two daughters were from his relationship with Thandi Maqubela, Duma was born of his father’s first marriage – as well as another son who had since died – and Patiwe was born of a previous relationship.

It emerged during the trial last year that, at the time of his death, the acting judge’s R20 million estate would effectively be split among three of the children and his wife.

This was in accordance with his will, which Thandi Maqubela is accused of altering. For this, she also faces charges of fraud and forgery.

Her co-accused, Vela Mabena, faces only a charge of murder.

Duma testified that he had not had a relationship with Thandi Maqubela.

Under cross-examination, however, Maqubela’s advocate, Marius Broeksma, suggested otherwise.

He put it to Duma that she had sometimes driven him to university, that she had included him in an insurance policy she had taken out and that she had wanted him to be a director in a new business she was starting.

Broeksma also put it to Duma that his father, together with Thandi Maqubela, had given him R50 000 for lobola when he’d been married.

Duma denied this, saying that he had received R50 000 from his father but that it hadn’t been for lobola, which had been a separate R20 000 loan.

“If she wants to testify to that, she will be lying,” Duma told the court.

He was one of three State witnesses who took the stand yesterday. The other two were high court manager Lindile Kolosa and Count Maqubela, a nephew of the acting judge.

Count Maqubela testified how he had broken the news to Thandi Maqubela, at about 5pm on June 7, 2009, that her husband was dead. She had been at their home at Qumbu in the Eastern Cape at the time.

The acting judge was allegedly suffocated to death two days earlier. “I didn’t really explain the circumstances because the moment I broke the news, Thandi showed signs of being shocked,” said Count Maqubela.

She had run outside and said: “This can’t be true; this can’t be true.”

“I would say she was sort of hysterical,” he said.

Kolosa confirmed that a fax, which was discussed in court on Monday, had been received by the Western Cape judge president.

The State alleges the fax was sent by Thandi Maqubela, but it proclaims to be from a “call girl” associated with Acting Judge Maqubela.

leila.samodien@inl.co.za