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[ALERT] Thandi Maqubela wins appeal against murder conviction

Her lawyers have confirmed to 'Eyewitness News' that her appeal was upheld today.

FILE: This undated file photo shows Thandi Maqubela in the High Court dock before her sentencing was carried out. Picture: Thomas Holder/EWN

CAPE TOWN - The Supreme Court of Appeal (SCA) has overturned Thandi Maqubela's murder conviction on Friday, finding her not guilty

In March 2015, she was sentenced to an effective 18 years behind bars by the Western Cape High Court for murdering her husband, forging his will and then fraudulently trying to pass it off as an authentic document.

Her late spouse, acting Judge Patrick Maqubela, was found dead at a Bantry Bay apartment in 2009.

Although prosecutors believed he was suffocated to death, it was never conclusively proven.

Maqubela has always denied that she killed her husband. Her defence was, in effect, that he must have died of natural causes.

Her counsel argued if it was possible that her husband had died a natural death, the trial court could not reasonably have inferred that he was murdered. The SCA agreed.

In a judgment handed down on Friday, the appeal court said the Western Cape High Court incorrectly relied on evidence of Maqubela's shifty conduct, without further evidence to prove she was guilty of murder.

Maqubela, who was also found guilty of forging her husband's will and fraudulently presenting it to the Office of the Master of the High Court, is serving her sentence in Worcester.

She could possibly be in line for parole after having already served more than two years for the forgery and fraud conviction.

(Edited by Shimoney Regter)