Maqubela’s appeal still on the cards

JAILED widow Thandi Maqubela, convicted of killing her husband in 2009 in the Bantry Bay apartment where he lived while he was an acting judge in Cape Town, has still not filed the record of her murder trial at the Supreme Court of Appeal (SCA) – even though she was sentenced more than a year ago.

The Joburg businesswoman’s advocate has however given an assurance his client has not given up her fight to clear her name.

“Mrs Maqubela does not think that all is lost at all and is pursuing the matter,” advocate Thomas Tyler said.

Maqubela was convicted of the murder in the Western Cape High Court in 2013, as well as of fraud and forgery for altering her husband’s will so she stood to benefit handsomely from his estate.

It took another year and four months before the court could sentence her to an effective 18 years in prison – 15 years for murder and three years for the fraud and forgery convictions.

In August last year Judge John Murphy granted Maqubela leave to appeal her murder conviction, but refused her bid to appeal the fraud and forgery convictions.

He refused to grant her leave to appeal her sentences.

Judge Murphy said at the time he was “convinced beyond any shadow of a doubt” the method he had applied was correct. He said he was however unable to say no other court would come to a different conclusion. This week – three-and-ahalf years after she was found guilty of the murder – Maqubela’s lawyer confirmed there was still no sign of an appeal date. He said the record of her trial was voluminous and the period for the lodging of the record with the SCA had been extended twice. The record should be filed next month and the parties would then be given time to file their arguments before a date for the hearing was allocated. “We are on the longish track for allocation in Bloemfontein,” he said. Western Cape spokesman for the National Prosecuting Authority ( NPA), Eric Ntabazalila, confirmed the delays. He said the State agreed to give the defence an extension because the delays were the result of difficulties transcribers had experienced and were not the defence’s fault, The NPA had no reason to expect the defence would not meet the deadline. “If there are challenges with the deadline again, all parties will communicate to see how we resolve the challenges,” Ntabazalila said. fatima.schroeder@inl.co.za

PICTURE: CINDY WAXA MURDERER: Thandi Maqubela makes her way to the Cape Town High Court during her trial.