An attorney who also acts as a magistrate has been found guilty of contempt after he failed to come to court and represent his client, who is charged with 15 murders.
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An acting magistrate, who was found in contempt of court for deserting a client facing 15 murder charges, is seeking a traditional healer’s help with mitigation while simultaneously applying for Legal Aid representation.
Sithembiso Nkatha, who also works as an attorney, appeared before Judge Jacqueline Henriques at the Durban High Court on Thursday morning, seeking a postponement of his sentencing, after the judge found him guilty of contempt in January.
Following his failure to appear in court on July 21, 2025, to represent his client, alleged hitman Sibonelo Shangase, an inquiry was mandated against Nkatha. This action was taken due to concerns that Nkatha had interfered with the functioning of the court, a violation of Section 165(3) of the Constitution, which explicitly prohibits any person or organ of state from interfering with the courts.
Shangase and his co-accused, Thalente Mkhize, face a total of 15 murder charges, including the execution-style killings of six people in Nanda.
“I want to file an affidavit from a traditional healer, who is currently in Johannesburg and is indisposed. I can file it by next week,” Nkatha told the court.
He further announced his intention to apply for Legal Aid despite having previously failed the means test. When Henriques questioned him on his announcement, as he previously did not qualify, Nkatha said he wants to make the application either way, “I must at least try.”
The judge granted the postponement to April 23.
“You must advise the court of the outcome by 13 March and, should you wish to appeal the decision, that is, if your application is unsuccessful, you are to make your appeal by 20 March and advise the court of the outcome by 1 April,” Judge Henriques said.
In her ruling, Henriques found that Nkatha had committed multiple acts of contempt by failing to attend the scheduled trial date and not properly withdrawing from the case. His failure to withdraw from representing the alleged hitman prevented Shangase from applying for Legal Aid.
The court found Nkatha's explanations for his absence were inconsistent, tardy, and inadequately supported, particularly his claims about hospital appointments and threats. The judge noted that Nkatha said his life was at risk and that he had been robbed; however, he failed to report the incidents to the authorities.
Henriques concluded that his late documentary evidence and inconsistent affidavits undermined his credibility, with the court suggesting some withdrawal documents may have been created after the fact.
Judge Henriques highlighted the severe consequences of non-compliance with court directions: “As a result of his conduct, the trial did not proceed, huge expenses were incurred by the State in securing the attendance of witnesses, both lay and expert witnesses, and it impacted on the administration of justice. The family of the deceased has had to wait for four years since the incidents before the trial could even proceed.”
The judge also found that Nkatha did not provide a satisfactory explanation for his actions.
“I am of the view that Nkatha has not discharged the evidentiary burden that he has contravened Section 165(3) and interfered with the proper functioning of the court and thus impugned the dignity of the court.”
nomonde.zondi@inl.co.za