The protracted family war over the lucrative estate of radio sports presenter Andile Ncube’s stepfather has turned ugly after the media personality’s half-brother demanded their father’s remains be exhumed to determine the cause of his death as he suspects foul play.
Sphamandla Magubane, the biological son of the late businessman Elliot Magubane, has made the demands in an affidavit he deposed shortly after the death of his father at the Johannesburg Central police station, in which he is asking the police to open an inquest docket into the death of his father.
News of Sphamandla’s demand for exhumation of Magubane’s body came to light this week after he phoned the police, who are known to Sunday World, and pleaded with them to expedite the exhumation before the dispute over the estate could be finalised.
In the affidavit, which we have seen, Sphamandla alleges his father was buried without a post-mortem conducted, which he needed to determine the cause of his death.
His father, a businessman and owner of several properties and businesses in Johannesburg, died in 2017 after getting married to Ncube’s mother, Nomsa “Nunu” Chemane, on January 12 2007.
Since his death, Sphamandla, Chemane and Ncube have been squabbling over the late tycoon’s estate and the matter has been referred to the Master of Johannesburg High Court.
In the affidavit, Sphamandla alleges that Chemane told him and her sister Makhosazana Maduna that Magubane died intestate (without a will). Chemane allegedly appointed herself as the executrix of the multimillion-rand estate, which includes three properties, shares in companies, and a fleet of luxury vehicle.
Sphamandla also alleges that Chemane told him that his father had bequeathed his shares in several companies to Ncube, and disputed that his father had died intestate. He said the tycoon left a will behind, which stipulated that 5% of his estate should be given to Chemane and 95% to him and Maduna.
Sphamandla also asked the police to open an inquest into the death of his father and said his body must be exhumed and a post-moterm conducted to determine the cause of his death. This because, reads the affidavit, his father was “well and good” when he went to attend Chemane’s brother’s wedding in KwaZulu-Natal in September 2017.
He said the following day, his father sent a message on their WhatsApp group complaining that he was on his way to the hospital for consultation, as he was not feeling well
“Around 20:00, my dad called me and told me that the doctor is admitting him just to observe him overnight. Between 22:00pm and 23:00pm, I received a call from my step-brother, Andile Ncube, telling me that my father has passed on. He didn’t explain anything to me,” reads the affidavit.
He further said after receiving the tragic news, he and his sister and uncle drove to a mortuary in Durban to identify his father’s body.
“I asked the elders including my step-mother if the post-mortem was going to be done. She then said there was no need for a post-moterm because they say in hospital that my father died of natural causes.
“I did not push for it to be done, I was grieving, shocked and in disbelief at the time. I’m requesting my father’s remains to be exhumed to confirm the cause of death,” reads the affidavit.”
He said Chemane later told him, when he enquired, that his father died intestate and that his estate was insolvent, however, he discovered that Magubane had left behind a will and that Chemane deliberately misled him.
“My father had a will that my step-mother and her son destroyed the copy that was in the house by burning it. I have proof that I got from her WhatsApp [text message],” reads the affidavit.
He further said that after she allegedly burnt the will, she nominated herself as the executor of the state. This, reads the affidavit, after lying to the administrators that he had consented to her appointment as the executor of the estate.
“She did not disclose my father’s business, cars, and properties,” according to the affidavit.
He also said Chemane transferred his father’s share in various companies to Ncube, after she claimed that his father had bequeathed them to the Metro FM sports presenter before his death.
“But I have proof that this was false. My dad never gave anyone his shares, this was done fraudulently after my father’s death,” reads the affidavit.
Sphamandla declined to comment and said the matter was sub-judice. Ncube asked us to text him but did not reply to the questions we sent. Chemane declined to comment and said she was not aware of any dispute between her and Sphamandla.
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