Thuli Madonsela in Legal Battle Over Late Partner's Multimillion-Rand Estate
Johannesburg – Former Public Protector and Stellenbosch University social justice chairperson Thuli Madonsela is engaged in a contentious legal dispute over the multimillion-rand estate of her deceased partner, Edward Foxton. Madonsela has lodged an affidavit with the High Court in Johannesburg, alleging that Foxton’s children and the executor of his estate are attempting to implement an invalid last will and testament, which she claims would deprive her of a significant inheritance.
The heart of the dispute lies in two conflicting wills. Madonsela is contesting a will dated 3 February 2025, which only leaves her a property in Cape Town. She is instead advocating for the implementation of a 2020 will that recognises her as the primary beneficiary of Foxton's estate, entitling her to more than R10 million. The contested will was concluded just four months before Foxton’s death on 21 June.
According to her affidavit, the 2020 will, signed on 20 February, allocates R100,000 to her granddaughter, as well as to Foxton’s granddaughters. She laments that the contested will only makes provisions for Foxton’s four adult children and nine grandchildren.
Madonsela argues that the contested will does not reflect her late partner’s final wishes. “The contested will does not reflect what Mr Foxton had expressed as his wishes to me. Notably, there are several departures when I compare the previous wills with the contested will. Foxton’s form of reference to me (fiancée versus partner) differs between the previous wills and the contested will,” the affidavit states.
The 4 February 2020 will stipulates:
- R10,000,000 was bequeathed to me, as his fiancée, with the purpose of purchasing a home in the Stellenbosch area.
- Once more, the same condition precedent was set, in that my relationship with Mr Foxton had to be current at the time of his death, failing which specified bequests would fall away.
- R100,000 was bequeathed to my granddaughter (name withheld to protect identity).
- Each of Foxton’s own grandchildren was to receive R100,000.
- The properties at 413 and 414 Walton Heath are to be divided equally between Mr Foxton’s children, Graham and Joanna.
- The residue of his estate is to be given, devised and bequeathed to the trustees of the trust, with Foxton’s four children being beneficiaries in the trust.
- The executors are only Michael Beder and Douglas Taylor.
In contrast, the 3 February 2025 will stipulates:
- A specific immovable property bequest – 12 Nicolaas Cleef Street, De Zalze Winelands Golf Estate, together with all transfer costs – is made to me as Mr Foxton’s “partner”.
- The recurring condition precedent that our relationship must be current is confirmed.
- Each of Mr Foxton’s own grandchildren is to receive R250,000.
- R1.5 million is bequeathed to Mr Foxton’s sister, Christine Mary MacRobert.
- The properties at 413 and 414 Walton Heath are to be divided equally between two of Mr Foxton’s children, Graham and Joanna.
- The residue of his estate is to be given, devised and bequeathed to the trustees of the trust, with Foxton’s four children being beneficiaries in the Trust.
- The executors are only Michael Beder and Douglas Taylor.
Madonsela further notes differences in the signatures between the two wills. She argues that the contested will may have resulted from Foxton being unduly influenced during his latter years, citing his progressive memory loss from late 2023.
“From late 2023, Foxton began exhibiting signs of progressive short-term memory loss, fluctuating cognitive function and growing dependence on me. In particular, I started noticing during that time that Foxton’s short-term memory was declining or compromised, as he often could not remember recent events from the previous day or the same day,” the affidavit states.
Madonsela ultimately seeks a directive from the court instructing the executors of the will, cited as KP Fiduciary, to implement the 2020 will instead.
The affidavit reveals that Madonsela’s relationship with Foxton started in August 2016. “On 6 May 2023, and as a symbol of our permanent union, Foxton gave me a pendant which he had converted from a ring that he had purchased for his mother with his first salary. This was in addition to the three previous rings he had given me,” the affidavit reads.
The respondents in the case are Foxton’s children, including Graham Foxton, Amanda Foxton and Jayne Foxton.
A lawyer speaking on behalf of the executors of the late estate said it would be inappropriate to respond to media enquiries. “The executors of the late estate have instructed us to answer to your media enquiry as set out below. It may be useful to note that the deceased’s name is Richard Edward Foxton, and that he and Professor Madonsela were not married. It is correct to state that the will of the late Mr Foxton is subject to pending litigation. It is therefore inappropriate to respond to your media enquiry. Our client’s rights are reserved in full,” said Tracy Sischy in a written statement on Friday.
Despite numerous attempts to elicit comment from Madonsela, she had not responded by the time of publication.
Madonsela served as the Public Protector of South Africa from October 2009 to October 2016. Among other things, she investigated allegations of state capture, which culminated in a report that was made public in 2016. This led to the establishment of a commission led by former Chief Justice Raymond Zondo. In 2018, she was awarded Germany’s highest individual honour, the Order of Merit of the Federal Republic of Germany, by German President Frank-Walter Steinmeier during his state visit to South Africa. In 2023, Madonsela was appointed by UN Secretary-General António Guterres to the UN’s scientific advisory board. She is currently a professor of law occupying the Law Trust Research Chair in Social Justice at Stellenbosch University.
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