Attorney and acting magistrate sentenced for contempt after court absences.
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A KwaZulu-Natal attorney who also acts as a magistrate has been sentenced to 12 months in prison, with the option of paying a R10,000 fine, after the Durban High Court found him guilty of contempt of court for repeatedly failing to attend proceedings and comply with court orders.
In a strongly worded judgment, Judge Jacqueline Henriques said Sithembiso Nkatha, who represents alleged hitman Sbonelo Wiseman Shangase, had repeatedly disregarded court directives during the proceedings. The judge also noted that Nkatha showed no remorse, even after being convicted of contempt.
Shangase is standing trial alongside Thalente Mkhize. The pair face 28 charges, including 15 counts of murder, robbery, attempted murder, unlawful possession of firearms and ammunition, and kidnapping. The charges also relate to the execution-style killings of six people in Nanda.
Nkatha is accused of contributing to delays that pushed the high-profile murder trial back by more than a year. The pre-trial proceedings were also delayed over disputes surrounding Shangase’s ability to pay Nkatha’s legal fees.
Repeated absences frustrated court proceedings
Judge Henriques detailed a pattern of repeated non-compliance, noting that Nkatha failed to attend several court appearances despite being warned that his attendance was compulsory.
The judgment records that after arguments were heard in October 2025, the date for the delivery of judgment was arranged in consultation with Nkatha. However, he failed to appear on 30 January 2026, later claiming he had misunderstood the court's order and believed the judgment would simply be sent to him.
The judge rejected that explanation, finding it inconsistent with what had transpired in court, where Nkatha had been specifically instructed to attend. Further delays followed after he arrived late for subsequent hearings and repeatedly failed to comply with court-imposed deadlines.
One of Nkatha’s explanations for failing to attend court when the trial began was that he was serving as an acting magistrate in another court.
**Nkatha's heath and financial struggles **
During sentencing, Nkatha told the court that he had suffered trauma after allegedly being poisoned and threatened, was receiving both medical and traditional treatment, and had experienced severe financial hardship.
Affidavits from his office manager and an assistant to his traditional healer were submitted in support of his mitigation. He also said he had lost income, surrendered his vehicle and struggled to pay rent, urging the court to impose a lenient sentence rather than imprisonment.
Court not impressed
Despite those submissions, Judge Henriques found that Nkatha continued to deny that he had acted in contempt of court and instead attempted to challenge the court's earlier findings during the sentencing proceedings.
The judge said his conduct demonstrated a failure to accept responsibility and reflected a continuing disregard for the obligations expected of both a legal practitioner and an acting magistrate.
According to the judgment, Nkatha's attempts to revisit the merits of the contempt finding during mitigation reinforced the court's view that he remained defiant and showed no genuine remorse.
Sentence includes suspended imprisonment
The court sentenced Nkatha to 12 months' imprisonment or, alternatively, a R10,000 fine. Six months of the prison sentence and R5,000 of the fine were suspended for five years on condition that he is not convicted of contempt of court during that period.
The suspended sentence means Nkatha will avoid serving the suspended portion provided he does not commit a similar offence within the next five years. The fine may be paid in instalments as directed by the court.
Professional bodies to take further action
Beyond the criminal sentence, the High Court ordered that both the original contempt judgment and the sentencing judgment be sent to the Legal Practice Council and the Magistrates' Commission.
The referral allows the two professional oversight bodies to consider whether further disciplinary or regulatory action should be taken against Nkatha in light of the court's findings.
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