Cape Town - Convicted murderer and fraudster Thandi Maqubela has been given more time to file papers in her fight against a court order that has frozen her multimillion-rand share of her slain husband’s estate.
A judge, however, has criticised her for not complying with the court rules.
In the Western Cape High Court on Tuesday, a lawyer for the Asset Forfeiture Unit (AFU), Muhammed Kagee, asked for an interim order to be extended until November 18.
The AFU obtained a provisional restraint order last month.
It has set its sights on her being stripped of her share – which it believes to be worth some R7.2 million – of the estate of her husband Patrick Maqubela, acting judge on the Western Cape Bench at the time of his murder five years ago.
This is on the grounds that her share constitutes the “proceeds of unlawful activities”. Alternatively, the unit is relying on the common law principle that “a bloody hand does not inherit”.
Thandi Maqubela was found guilty of Acting Judge Maqubela’s murder, as well as of fraud and forgery for falsifying his will.
She is behind bars at Pollsmoor Prison awaiting the start of sentencing procedures.
Kagee told the court that Maqubela, who is defending the matter to prevent the provisional order from being confirmed, was still consulting with Legal Aid SA to determine whether they would be assisting her with the civil case.
Judge Babalwa Mantame said that there were court rules that Maqubela was supposed to have complied with. While she had been expected to file papers last month, she had not yet filed.
“You must advise her she must comply with the rules,” said the judge.
Legal Aid SA confirmed to the Cape Times on Tuesday that Maqubela had applied for legal aid in relation to the civil matter.
“The legal aid application is being considered and the merits… are being assessed,” an e-mail response read.
“Ms Maqubela will be informed of the outcome of her application before her next appearance date which is set down for November 18.”