Periodical imprisonment for Maqubela – social worker

2015-03-18 20:24
Thandi Maqubela (Nardus Engelbrecht, Sapa)

Thandi Maqubela (Nardus Engelbrecht, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Cape Town - The most appropriate sentence for convicted killer Thandi Maqubela would be periodical imprisonment, a social worker told the Western Cape High Court on Wednesday.

Arina Smit, called as a defence witness, said this sentence attempted to balance the interest of society, the seriousness of the offence, and Maqubela's rehabilitation or healing.

According to the Criminal Procedure Act, a person given a periodical sentence had to serve not less than 100 hours (four days) and no more than two thousand hours (83 days).

In her 50-page pre-sentencing report, Smit had also recommended as an alternative a wholly suspended sentence.

However, she acknowledged that this sentence could be viewed as too lenient for murder, by the courts and society.

The wholly suspended sentence would be on condition that Maqubela, 60, pay for at least 20 sessions with a clinical psychologist to deal with the trauma of the crime, trial, detention in prison and public humiliation.

She would also have to submit to the supervision and control of a correctional or probation officer, and perform no less than 800 hours of community service.

Not a danger to society – social worker

Thomas Tyler, for Maquebela, had called Smit to the stand in mitigation of sentence.

She has worked for the National Institute for Crime Prevention and the Re-integration of Offenders (Nicro) for 18 years.

Smit said Maqubela was not a danger to society and had a low risk of re-offending.

She should be offered the chance to remain productive in society, especially as she had started up 24 businesses, mostly aimed at enhancing social welfare.

"If she is to spend a number of years in prison, she will not be able to benefit the community and her children. It is important that she actually contributes to society," Smit said.

Last November, the same court found Maqubela guilty of killing her acting judge husband Patrick Maqubela in June 2009, despite not having conclusive medical evidence pinpointing a cause of death.

She was found guilty of forging her husband's will and committing fraud by causing potential prejudice to his estate.

The acting judge was based at the Western Cape High Court at the time of his death.

Unable to cry - Maqubela

Smit said Maqubela was likely to develop medical and health issues if detained since she presented as blunted and numb in her interviews.

Maqubela had told her she had not been able to cry since being incarcerated.

"She has dissociated from her current experience as a coping mechanism... she hasn't had the opportunity to grieve and for her, it is as if he is still alive."

Although her two youngest daughters were not minors, Smit believed they were still psychologically and emotionally immature and needed guidance and approval from parental figures.

With both parents unavailable, they had suffered a double loss and this had impacted on their ability to finish their studies.

"Having been a social worker in practice, I have quite a few concerns about families and the disintegration of families. Family preservation would be important with regards to the accused."

The report was based on three face-to-face interviews with Maqubela, interviews with her family and collateral information from other documents.

Smit will be cross-examined when sentencing proceedings resume on Thursday.

Read more on:    thandi maqubela  |  cape town  |  crime

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
35 comments
Comments have been closed for this article.

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
 

Man scores date with tennis superstar after Twitter bet

It’s a modern day Cinderella story, but one American man took ‘shoot your shot’ seriously in 2017.

 
 

You won't want to miss...

6 myths about male cancer
Who are the highest paid models of 2017?
10 gorgeous plus-sized models who aren't Ashley Graham
5 top leg exercises for men
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.