Acting magistrate representing alleged hitman sentenced for repeated failure to appear in court

Attorney and acting magistrate sentenced for contempt after court absences.

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.

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.

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.