Madonsela files WhatsApp evidence in court fight over Foxton's property estate

Former public protector Thuli Madonsela has placed a trail of WhatsApp messages and family correspondence before the Johannesburg high court as she fights to establish that she was the "spouse" of the late businessman Richard "Dick" Foxton when he died.

Madonsela is seeking to have what she describes as Foxton's "purported" 2025 will declared invalid and the executors removed. The respondents want the court to declare the February 3 2025 document Foxton's last valid will, or alternatively to refer the dispute to trial if it cannot be determined on affidavit. Her application is opposed not only by the executors of the estate, Michael Beder and Douglas Taylor, but also by several members of the Foxton family, although two of his children, Amanda and Justin, and his grandson James, are not opposing it.

In a supplementary affidavit filed on August 8, Madonsela relies heavily on communications exchanged between members of the family in the days and weeks after Foxton's death, arguing that the messages demonstrate she was treated as his partner and part of the family. She says Foxton's driver collected her from the airport after his death and took her to their Johannesburg home, which she says was their principal residence during their relationship, and she points to a message from Graham Foxton and other family communications as evidence that she was treated as Richard's surviving spouse.

The affidavit takes the court into the family WhatsApp group where funeral arrangements were discussed, and records a message about the cremation service: "Thank you Thuli. Just wanted to make sure that the invitation to the cremation service tomorrow has been extended to Wendy, Wanti ... as Dad would have loved them to be there - his Madonsela family." She says the messages surrounding the wake on June 27 again treated her as Foxton's surviving spouse, despite the position subsequently taken in the estate dispute.

The WhatsApp evidence goes beyond the question of whether Madonsela was accepted as Foxton's partner. One annexure contains purported messages between Justin Foxton and Taylor about Foxton's mental state and his wishes. Justin Foxton asked why there was no provision for financial support for Madonsela in the will, writing that Foxton "repeatedly said that Thuli would be taken care of after he died". Taylor is recorded as responding that the testator "amended his will at least seven times in the last five years" and that "there was nothing wrong with his cognitive abilities at the time the last will was signed". On the absence of a cash provision, Taylor said: "Our understanding is that your dad felt that leaving a substantial property to Thuli was taking care of her."

An October 2025 email from Taylor to the Foxton children records that Madonsela had objected to the will, arguing that Foxton's signature could be a forgery and that the will was incorrectly witnessed, thus rendering it invalid, and warns that if she succeeds it would mean the businessman died intestate. Taylor remarked that "it is really distasteful that matters have reached this stage, but the situation is out of our hands".