Executors Defend Property Bequest to Thuli Madonsela Amid Will Dispute
Johannesburg – The executors of the late businessperson Richard Edward Foxton’s estate are defending a controversial R10 million property bequest to former Public Protector Thuli Madonsela, stating they are committed to honouring what they believe were his final wishes. The dispute centres around Foxton's will, which Madonsela is contesting.
In a detailed legal response, attorneys representing executors Michael Peter Beder and Douglas Frank Paul Taylor addressed questions about the disputed 2025 will. This will bequeathed the De Zalze property to Madonsela instead of the R10 million cash bequest outlined in a 2020 will.
According to legal documents, Foxton’s 2020 will originally bequeathed R10 million in cash to Madonsela. However, after purchasing the De Zalze property in October 2021, he allegedly updated his will in 2025 to bequeath the property instead. An independent valuation report dated 25 November 2025 estimates the property’s current market value at approximately R10 million, effectively maintaining the same monetary value of the bequest. The 2025 will also stipulates that the estate must cover all costs related to transferring the property into Madonsela’s name.
The response comes amid ongoing court proceedings initiated by Madonsela, who is seeking legal relief regarding the estate. Madonsela wants both the property and the cash bequest. Madonsela is also disputing that the contested will does not reflect Foxton’s wishes when it comes to her grandchild. According to the first will, her grandchild should receive a R100 000 inheritance.
The executors have not yet filed their formal court response but indicated they remain open to mediation while prepared to defend their position if necessary. The executors indicated that if a settlement cannot be achieved, they will file the necessary court papers and seek appropriate relief in the ongoing legal proceedings.
Addressing concerns about Foxton’s capacity when the 2025 will was executed, the executors maintained that his health decline was purely physical. They stated that no concerns existed regarding his cognitive abilities and that expert evidence on mental capacity was deemed unnecessary. “Based on, inter alia, our clients’ interactions with Mr Foxton at the time of execution of the 2025 will, no concerns exist regarding his cognitive faculties,” the legal response stated.
The legal response addresses a forensic handwriting report by expert Ms Salamon, which appears to be central to the court challenge. However, the executors dismissed suggestions that this constituted a “recent development”, noting the report was filed simultaneously with the original court application. Both the 2020 and 2025 wills reportedly contain identical conditions requiring that the relationship between Foxton and Madonsela be current at the time of his death for the bequest to be valid.
The executors emphasised their commitment to fulfilling Foxton’s intentions, stating: “Neither our clients nor, indeed, in their view, any of the other respondents wishes to deprive Professor Madonsela of what has been bequeathed to her in terms of the last will and testament of the late Mr Foxton.” They described giving effect to his final wishes as “paramount” and expressed hope that the disputes could be resolved through amicable settlement or mediation.
Foxton’s son, Justin, told City Press that he does not oppose a legal probe over the contested will, but supports the initiative taken for discussions among the beneficiaries. “It is now in the public domain that my late dad’s (Richard ‘Dick’ Edward Foxton’s) surviving life partner and de facto spouse, Prof Thuli Madonsela, is contesting the validity of his most recent will. To the best of my knowledge, Thuli was the love of my dad’s life and vice versa. I consider Thuli my family, stepmother to me and grandmother to our daughter. Thuli is also the patron of our NGO, The Peace Agency. My wife Cathy, my sister Amanda Foxton and I have supported her throughout this process, in support of truth being brought to light and in honour of my late dad and his love for Thuli. To that end, we haven’t opposed her contestation of my dad’s will. I am hopeful that we can come to an amicable negotiated agreement, and this is being pursued at present,” Justin Foxton said.
He added that he has written a letter to his siblings Graham and Joanna, asking if they could resolve the dispute out of court. “My father never approached the courts or the media about any dispute; my siblings have not responded to the latter, but it would be in the best interests of his legacy to settle the dispute as a family,” he said.
Madonsela refused to comment on the dispute but confirmed that a letter was sent to all the beneficiaries. “I can only say that Justin was responding to my initial letter, which sought to ask them for a meeting between all the beneficiaries,” she said.
The matter remains before the courts, with the executors yet to file their formal response to Madonsela’s application.
The case highlights the complexities surrounding high-value estate disputes, particularly when relationships and changing circumstances affect testamentary intentions. Madonsela, who served as South Africa’s Public Protector from 2009 to 2016, has become a prominent figure in South African civil society.
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