Cape Town - The family of convicted killer Thandi Maqubela is considering challenging a report by a panel of experts on her mental health.
This emerged in the Western Cape High Court on Monday amid proceedings that went on without her because she was “not feeling well”.
Maqubela made a brief appearance in the courtroom in the morning, but when the matter came before an open court later in the day, she did not appear.
Prosecutor Bonnie Currie-Gamwo said Maqubela was down in the cells as she was “apparently not feeling well”.
She was found guilty on November 7 last year - more than a year ago - of the murder of her husband, Patrick Maqubela, who was an acting judge on the Western Cape Bench, as well as of fraud and forgery for falsifying his will.
Her sentencing procedures are yet to start.
Maqubela was referred in early September for mental observation after displaying behaviour in court that appeared to be out of character.
On one occasion, she did not give the judge direct answers when he asked her about arrangements for sentencing and, instead, repeatedly said that she wanted to go to her husband’s office. She also referred to him as if he were still alive.
Judge John Murphy said on Monday that a panel of experts had prepared a report on Maqubela, which he had had sight of.
The panel’s findings, however, were not made clear during proceedings and it is understood that the report has not yet been formally submitted to the court.
Judge Murphy said Maqubela’s family had indirectly approached the court by way of a lawyer because they wanted an opportunity to investigate the matter further with “a view to challenging the report”.
If the family decided to do so, it would involve a hearing in which the court would be asked to determine whether Maqubela was able to understand the proceedings.
An expert Maqubela was expected to consult was available only in February and would then require a month for consultation purposes.
Judge Murphy said that he was “regrettably but, I believe, in the interests of justice” postponing the matter to March 16.
Maqubela, meanwhile, is expected to remain behind bars. She currently has no formal legal representation in her criminal matter and it appeared that she was not prepared to brief legal aid.
Cape Times