If jailed widow Thandi Maqubela thought that she was any closer to getting her hands on her husband's cash, after securing a directive from the Master of the High Court, she should probably think again.
According to the Justice department, the administration of his deceased estate is far from over.
Maqubela is in jail for the murder of her husband, former Acting High Court Judge Patrick Maqubela.
His estate is being administered as intestate (without the existence of a will), after the Western Cape High Court found that a single-page will Maqubela presented as her husband's had been forged.
During the administration process, the proceeds of a R20-million Liberty Life policy the acting judge took out was listed as an asset excluded from the joint estate he and Maqubela shared.
The first liquidation and distribution account showed that, once the policy was added and the estate's considerable debts were settled, a balance of about R11m was left for distribution
The account did not include Maqubela as an heir, and the executor pointed out that she was disqualified from inheriting as a result of her involvement in her husband's death.
However, Maqubela objected on several grounds, including the fact that the policy was not included as one of the couple's joint assets.
In March this year, the Master of the South Gauteng High Court overrruled most of Maqubela's objections, but sustained the one relating to the policy.
“The executor is hereby directed to amend the account to reflect Liberty Life Policy 56102778500 as an asset in the estate,” the Master said in correspondence sent to her attorneys.
It is this document which Maqubela attached to an affidavit filed in June in response to an Asset Forfeiture Unit (AFU) application to have her share of the estate placed under restraint.
It is the unit's argument that she caused her husband’s death, and that the money represented the proceeds of crime.
But Maqubela says that, by virtue of her marriage to the deceased in community of property, she is entitled to half the balance of the estate.
The jailed widow used the Master's directive to support her argument.
But she’s in for a fight because the Justice department says the saga is far from over.
A final decision on the acting judge's insurance policy had not yet been made, spokesman Mthunzi Mhaga said.
He told Weekend Argus: “As a way forward, the Master has authorised the executor to advertise the Liquidation and Distribution account. Once it is advertised, interested parties, including the spouse of the deceased, will be afforded an opportunity to raise their objections.”
Once the advertisement processes and interaction with interested parties was concluded, a final decision would be made.
The AFU application was postponed to next month.
Pretoria News Weekend