Former public protector Thuli Madonsela has submitted a trail of WhatsApp messages and family correspondence to the Johannesburg high court as she contests the validity of the late businessman Richard "Dick" Foxton's 2025 will. Madonsela is seeking to have the will declared invalid and the executors removed. She claims she was Foxton's spouse when he died, a claim opposed by the estate's executors and several Foxton family members.
Madonsela's application is supported by two of Foxton's children, Amanda and Justin, and his grandson James, who are not opposing her claim. In her supplementary affidavit, filed on August 8, Madonsela cites communications exchanged between Foxton family members after his death, arguing they demonstrate she was treated as his partner and part of the family. These messages, she says, contradict the position now taken by the estate's representatives about her relationship with Foxton.
Madonsela points to a WhatsApp message from Graham Foxton and other family communications as evidence that she was treated as Richard's surviving spouse. She notes that Foxton's driver collected her from the airport after his death and took her to their Johannesburg home, which she claims was their principal residence during their relationship. Madonsela also mentions a family WhatsApp group where funeral arrangements were discussed, including her son and son-in-law's involvement.
The affidavit mentions a photograph of Madonsela standing with the Foxton family at Foxton's funeral on June 27, 2025. Madonsela spoke at the funeral, describing her relationship with Foxton as a permanent commitment. She also notes that a wake was held for Foxton with family, friends, and business partners, where she was again treated as his surviving spouse. Graham Foxton sent her a private WhatsApp message concerning the cremation service, referring to her as Richard's surviving spouse.
The WhatsApp evidence also includes a conversation between Justin Foxton and Douglas Taylor, one of the estate's executors, about Foxton's mental state and wishes. Justin Foxton expresses concern that there is no provision for financial support for Madonsela in the will, despite Foxton allegedly stating that she would be taken care of after his death. Taylor responds that Foxton amended his will regularly and that there was nothing wrong with his cognitive abilities at the time the last will was signed.
An October 2025 email from Taylor to the Foxton children warns of the consequences for other beneficiaries if Madonsela succeeds in her challenge to the will. Taylor notes that Madonsela has objected to the will, arguing that Foxton's signature could be a forgery and that the will was incorrectly witnessed. If Madonsela succeeds, it would mean that Foxton died intestate and the will's intestate succession applies, potentially altering the distribution of the estate.
The dispute over Foxton's estate has led to a complex and contentious court battle. Madonsela's submission of WhatsApp messages and family correspondence aims to establish her claim as Foxton's spouse and challenge the validity of the 2025 will. The court will need to consider the evidence presented and determine the rightful beneficiaries of Foxton's estate.
Key points
- Madonsela submits WhatsApp messages and family correspondence to support her claim as Richard Foxton's spouse.
- The estate's executors and several Foxton family members oppose Madonsela's claim.
- The court battle may determine the distribution of Foxton's estate and the validity of his 2025 will.
