Maqubela's sentencing postponed

Cape Town - Sentencing proceedings of convicted killer Thandi Maqubela were postponed in the Western Cape High Court on Monday.

Judge John Murphy said Maqubela would remain in custody until 29 September, when she would have to tell him whether she was representing herself or had hired Legal Aid.

She would also have an opportunity that day to apply for bail.

"If you are unable to proceed on the 29th of September, my circumstances are such that I will only be available in October 2015. You need to deal with the sentencing and outstanding applications," he warned.

Maqubela, dressed in a black suit and fuchsia turban, would be held at Pollsmoor Prison until next month.

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

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

Her sentencing had been postponed to give her new defence team time to prepare.

‘Moved the goalposts’

But the court heard on Monday that her private lawyers had withdrawn due to a lack of funds.

In an affidavit by Stan Fanaroff, read out by his Cape Town correspondents during sentencing proceedings, it was revealed that the fees she had submitted were "totally inadequate".

His firm had been under the impression that their mandate was only to argue in favour of mitigation of sentencing, based on obtaining a record of around 2 000 pages.

But Fanaroff said Maqubela "moved the goalposts" and wanted them to argue for her to be released on bail and to represent her on appeal.

In addition, when they had finally received the record, it was 4 500 pages.

He said Maqubela had also insisted that she only wanted advocate Kenny Oldwadge to represent her.

Fanaroff said he re-paid the balance of funds owing to her and withdrew.

Murphy assented to the withdrawal and confirmed that Maqubela was aware of the withdrawal.

Unfairly treated

Maqubela addressed the court on Monday, insisting that Fanaroff had mistreated her and that she wanted an investigation into his conduct.

"It's on record that he said to my lord that he has got sufficient funds. In June, Mr Fanaroff wanted R1m from me. So that prejudiced me," she told Murphy.

"R1m in June, when I am in custody, I think is really putting me in a difficult situation. I didn't plan not to have a legal representative."

Murphy said he understood her predicament but that she had to decide now whether to represent herself or hire Legal Aid for sentencing.

For the next 30 minutes, Maqubela tried to describe her "pain" at being unfairly treated by her lawyers.

She referred to evidence she had brought along in a folder.

When Murphy pressed her to decide what to do, she asked to apply for bail so that she could represent herself and consult her witnesses.

Murphy said he was disinclined to grant bail at this stage.

"I have considered it and for the same reasons I refused you bail previously, I would refuse you again now," he said.

He believed she would be able to consult witnesses in the court's holding cells or at Pollsmoor Prison.

Ann Murray 2014-08-04 03:28:47 PM
Another lawyer - amazing how many times this is now being postponed. Time to face the music and stop postponing the inevitable.
Stephen Mulomba 2014-08-04 03:43:26 PM
Wow this killer is pulling out all the cards she can. Good thing she was not granted bail, obviously this is something she was hoping for by shifting goal posts. Kenny is still making a couple million on the Oscar case why would he be bothered bout your broke murdering a_s.
Mr T. 2014-08-04 03:44:14 PM
May her hubby rest in pies whiles his worth is being abused on layers.
Lebohang Molefe 2014-08-04 03:58:38 PM
This Xhosa woman is a crook. One DNA we would want to destroy and not clone.
Nico de Jongh 2014-08-04 04:07:16 PM
She thought the lawyers was going to get her a Shaik special, meanwhile they sucked her dry.. shame, but what gets me is 'no evidence pinpointing a cause of death', although she was found guilty of killing the judge.. anyone with an explanation?.
Stephanes Heunis 2014-08-04 04:16:20 PM
Maphoka Mokutle Beloved 2014-08-04 05:05:11 PM
Tannie go to jail already
Maphoka Mokutle Beloved 2014-08-04 05:06:20 PM
Kwaaaaaa looool Nico
Mr T. 2014-08-04 07:52:19 PM
This will give her a chance to commit suicide. She is already fixed her daughter whose step father is her former murdered husband.
Alex Thanto Sizwe 2014-08-05 10:10:03 AM
she wastng her time long ago plea guilt whn that time u have money moms nw u will c ur friend NAJWA PETERSON u mst suffer till u die