Son: Give Maqubela 20 years in jail

2015-03-19 18:42

Cape Town - Thandi Maqubela should be sentenced to 20 years in prison for the death of her acting judge husband Patrick in 2009, the Western Cape High Court heard on Thursday.

"We are of the view that an act of this nature needs to be dealt with as harshly as possible," said Patrick Maqubela's son Duma, who was called to testify as a State witness in aggravation of sentence.

"I would think that 20 years... the family would think there is a semblance of justice to that."
He said one family member had wished the death penalty was an option.

Prosecutor Bonnie Currie-Gamwo had asked how he felt about social worker Arina Smit's suggestion that Maqubela get a wholly suspended sentence or periodical imprisonment.

Smit, a defence witness, had recommended this in a 50-page report she compiled after looking at relevant documents and interviewing Thandi and relatives.

Wrong message

Duma said it would be highly insensitive of the court to take Thandi's personal circumstances into account and not that of the family or society.

"Periodic incarceration is something that would baffle society and send the wrong message," he said.

Duma and his dead brother were born of a marriage between Patrick Maqubela and his mother between 1977 and 1979.

They divorced around 1982 because of infidelity on his part, and Thandi and Patrick later married.

Last November, the same court found Thandi guilty of killing her husband 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.

Duma said the death had been tough for the family, and made worse by the unnecessary complications around his estate.

He had taken up commitments made by his father to family members, and travelled from the Eastern Cape to other cities to deal with estate issues at great expense.

Very happy about Bench appointment

The court heard about Patrick's rise to the Western Cape High Court bench, after serving jail time for high treason as a member of the ANC's military wing Umkhonto we Sizwe in the 1980s.

"He was very happy about his appointment [to the Bench], my lord. In his eyes he had reached the pinnacle in his law career and that is actually what he had wanted to do further and spend his last years doing," Duma said.

"To us, we remember him as a hero."

He earlier sought to correct Smit's testimony that his step-mother selflessly dedicated her time to the family and society.

Duma said it simply did not make sense that she would have decided to build a better house for her husband's mother in the Eastern Cape, if she died in 1995 and the house referred to was built only in 2005.

He said his father had bought raw materials, drew up the building plans and executed the construction.

Thomas Tyler, for Thandi, said his client certainly did her bit, He handed up a photograph of a smartly-dressed Maqubela with a wheelbarrow of cement at a building site.

After looking at the photo, Duma said: "A picture tells a thousand words. What I see is a wheelbarrow which has got its stand on the ground, its wheels on the ground. I certainly see no pushing."

The court erupted in laughter.

Tyler said Patrick's mother had been fond of Thandi. Duma said he could not dispute this. He was dismissed from the stand.

Sentencing proceedings will resume on Monday morning with Smit's cross-examination.

  • Godlwayo - 2015-03-19 18:50

    She's evil give her 30years

      Hennie Vermeulen - 2015-03-20 07:40

      20-30 years for killing my dad. You kidding. Ill buy the rope. And Ill do the necessary if she did that to my dad. Wont cost the state a cent. She would have begged for the death penalty if it was my dad she did this do.

  • Richard Westviews - 2015-03-19 19:18

    this woman lacked a good devil s advocate.her case was one wher thise young lawyers make names for themselves.

  • Sihle Nyamezela Wethu Motaung - 2015-03-19 19:35

    Ya i

  • Zanemvula Dubane Nqoro - 2015-03-19 19:45

    I believe thandi can still go all the way and win this case, the court its self fail to give a benefit of doubt to the accused in this case. As it was plain clear that the cause of dead suggest two possibilities.

      Janine Filmer - 2015-03-20 01:18

      She's already been found guilty!

  • Akuku Juju - 2015-03-19 19:54

    Trial and error. This woman is innocent. Only if she hired a real lawyer, a competent lawyer.

      Terrylin Backpackers - 2015-03-19 20:05

      Innocent of what?

      Zebron Henry Banda - 2015-03-19 20:29

      She had him murdered and forged the will to cash up, and you think she is innocent?what are you?next you 'll be killed;go 6feet under and,perhaps you 'll realise the one who killed you is innocent.

  • Zebron Henry Banda - 2015-03-19 20:09

    Social workers reports are problematic at worst as they tend to favour cold- blooded killers than victims.fraud,murder and what have you, and yet someone calls for her freedom.that's nuts!25+, finish and klaar.

      Ria Cook - 2015-03-20 08:55

      Must say social worker Arina Smith's testimony reminded me of the psychiatrist who tried to tell us that the Modimole monster was actually a very nice guy.

  • Bonginhlanhla Sithole - 2015-03-19 20:16

    25+ Behind Bars was Apropriate.. She robbed us of an Intellectual, Judge, Father, Man, Etc...

  • Victor Mapulanga - 2015-03-19 21:25

    Theres no conclusive forensic evidence linking her to the crime, yes she committed fraud etc but this lady is mo murderer. She must be let loose and given an opportunity to grieve her fallen hubby.

  • Paige Turner - 2015-03-20 02:44

    "He said one family member had wished the death penalty was an option." Agree 100%. Lock her up, put an end to all her shenanigans and throw away the key.

  • Solomon Matli - 2015-03-20 09:09

    Let the judge decide

  • Recky Kgatla - 2015-03-20 12:09

    Please save that women, maybe she will marry our president soon and save our beautiful country, lol.

  • Sandy Lange - 2015-03-20 13:14

    In the good ol' days, if you were found guilty of murder, you received the appropriate sentence. There are far too many "extenuating circumstances today, which do no good for the victim's family. Throw her in jail and lose the key

  • Art Conde - 2015-03-20 15:29

    Hang the lying murderer

  • Rick Meijer - 2015-03-23 08:45

    gotta love the sunglasses..

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