‘An error in good faith’
Expert says she can sue but has to prove NPA knew all along she was not guilty
Thandi Maqubela could sue the National Prosecuting Authority for malicious prosecution after the Supreme Court of Appeal (SCA) overturned her murder conviction.
Maqubela, 62, who was dubbed “the black widow”, had been sentenced to 15 years imprisonment in 2015 for the murder of her husband, acting judge Patrick Maqubela. He died in June 2009.
On Friday, the SCA found the judge, whose body was found in his luxury apartment in Bantry Bay, Cape Town, could have died of natural causes.
Legal expert Ulrich Roux said Maqubela’s options for civil action were “open” and could include suing the NPA for “malicious prosecution”.
Roux said Maqubela had to endure “emotional trauma and legal expenses” as a result of the case. “She’s at liberty to pursue a civil action to try to recover any losses incurred as a result of the case.”
A full bench of five judges of the SCA found the Western Cape High Court had “incorrectly relied on the evidence of guilty conduct” by Maqubela to prove her guilt for murder.
Maqubela, who fainted several times in court during her trial, was also found guilty of fraud and forgery after forging her late husband’s signature to alter his will.
She was sentenced to three years for each of the two counts. The sentences are running concurrently. She has already served two years, which makes her eligible for parole.
The SCA set aside her murder conviction and sentence, leaving her to serve three years effectively for fraud and forgery.
Duma Maqubela, the acting judge’s son who testified as a state witness in aggravation of his stepmother’s sentence, said he accepted the Supreme Court’s judgment even though it did not change much for the family.
“It does not matter whether Thandi spends 15 years or two years in prison, the reality is that my father has been dead since June 2009,” Duma said.
Maqubela’s lawyer, Stephen Lamprecht, could not be reached for comment.
Professor James Grant of the Wits School of Law, said for Maqubela to sue successfully she needed to prove that the prosecution was pursued knowing she was not guilty.
“The error that was made (by the trial court) is pretty easy to make because circumstantial evidence is very complicated to deal with. It seems like an error made in good faith,” Grant said.
She’s at liberty to pursue a civil action to recover any losses