- Attorney and Acting Magistrate Sithembiso Nkatha has been sentenced to 12 months in prison or a R10,000 fine, with half of the sentence suspended for five years.
- The court found that he repeatedly missed scheduled hearings even after being warned and consulted about the dates.
- Judge Henriques said that, as an experienced legal practitioner, Nkatha’s disregard for court orders was especially serious.
An experienced attorney who also worked as an Acting Magistrate has been sentenced for contempt of court. The High Court in Durban found that his repeated absences and ongoing disregard for judicial instructions undermined the administration of justice.
Judge IJ Henriques handed Nkatha a 12-month prison sentence, with the option of a R10,000 fine. Six months and R5,000 of the fine were suspended for five years, provided he is not convicted of contempt of court during that time.
Repeatedly failed to appear
Throughout the contempt proceedings, Nkatha repeatedly missed court appearances and failed to comply with court instructions.
After arguments ended in October 2025, the court set judgment for 30 January 2026, on a date agreed upon with both parties. Nkatha was specifically told to attend but did not show up.
When contacted that morning, he sent a WhatsApp message saying he was ill and thought the judgment would be delivered and emailed to him. Judge Henriques rejected this explanation, finding it did not match what had been said in open court when the date was set.
His absence meant the court had to postpone the matter to 19 February 2026. On the next hearing date, Nkatha again did not arrive on time. He sent an email and WhatsApp message explaining that he had been delayed while travelling on public transport. The court waited until he eventually arrived and apologised.
Court granted repeated indulgences
Despite these delays, the court continued to accommodate Nkatha’s requests. Nkatha asked to submit extra affidavits from his traditional healer and said he planned to apply for Legal Aid. The court set deadlines for submitting the affidavits, applying for Legal Aid and, if that failed, finding private legal representation.
When the case returned to court, Nkatha confirmed he had dropped the idea of a joinder application, had not applied for Legal Aid and would continue to represent himself.
No remorse or responsibility
During sentencing, Nkatha insisted he was not in contempt and tried to challenge the court’s earlier findings. He cited illness, financial hardship and alleged threats to his life as reasons for a lighter sentence.
Judge Henriques said Nkatha’s statements showed no genuine remorse. Instead, she said he refused to take responsibility and mixed up his reasons for leniency with an attempt to reargue the contempt finding itself. The court found that his behaviour showed a continuing defiance towards judicial authority.
Rule of law at the centre
Judge Henriques stressed the constitutional principle that every court order must be obeyed unless it is properly set aside, no matter what a party thinks of its merits.
The judgment explained that punitive contempt penalties are meant to protect the authority and dignity of the courts and to deter others from similar behaviour. Nkatha’s position as both an attorney and Acting Magistrate made his defiance even more serious.
The court also ordered that the judgment be sent to the Legal Practice Council and the Magistrates’ Commission for them to consider any further action.
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