A lawyer who also acts as a magistrate has been given until Monday to submit affidavits to the Durban High Court to defend himself in allegations of contempt, as he failed to pitch for the trial of his murder accused client in July 2025. 

Attorney Sithembiso Nkatha is representing Sbonelo “Madanon” Wiseman Shangase, 32, who is charged with 15 murders. The trial was scheduled to proceed in July; however, it was delayed due to Nkatha’s no-show in court. The investigating officer had spotted him earlier in the court building, but when proceedings were called to order, Nkatha had vanished.  

Shangase was to appear alongside his co-accused, Thalente Mkhize, 36 but due to Nkatha’s absence the trial could not proceed.

Shangase told the court he could not afford Nkatha’s fees and applied for Legal Aid, but Nkatha had failed to withdraw from the case formally. 

When fee payment issues surfaced during pre-trial proceedings, Judge Bruce Bedderson had explicitly told Nkatha that continuing with Shangase’s representation meant he was “handcuffed” to the matter until trial completion. In response Nkatha committed himself into representing Shangase for the trial.

However, his failure to come to court resulted in Judge Jacquiline Henriques conducting an inquiry into the attorney’s conduct, demanding answers for his abandonment of Shangase.

“There were a number of pretrials. Why did you arrange trial dates and participate in a full-blown pre-trial?  When did you realise you couldn’t continue with this matter?” Henriques asked Nkatha on Wednesday.

Henriques pressed further about the commitment Nkatha made to Judge Bedderson: “Why didn’t you withdraw in the subsequent appearance if your commitment to Bedderson was a mistake. When you saw the trial date looming, what did you do? The family members of the deceased have been waiting for years for the trial to begin. The accused have been in custody for years; this (your actions) is not in the interest of justice.” 

In his defence, Nkatha said he had no intention of being in contempt. He claimed that since July last year, Shangase’s family had accused him of colluding with the State. 

The attorney also cited personal safety concerns and depression from mugging incidents as factors in his decision.  However, armed with little proof of these claims, he requested additional time to file supporting affidavits. 

Senior prosecutor Shah highlighted how the delays had damaged the State’s case preparation.  

“Subsequently, one of the witnesses was shot, and the shooter was killed in a gun battle with police. That shooter is allegedly related to accused one (Shangase). The delay is not in the interest of justice,” he explained. 

The violence surrounding the case has forced extraordinary security measures. 

Shah indicated that when the trial eventually proceeds, it will be conducted in segments with witnesses testifying via a screen monitor out of court. 

On October 30, the accused is expected to appear for pre-trial with Shangase’s new Legal Aid representative, where new trial dates will be set. 

The indictment against Mkhize and Shangase contains a total of 28 counts, comprising charges of armed robbery, attempted murder, kidnapping, and multiple violations of the Firearms Control Act.

Among their alleged victims is Overport businessman Zeyn Moideen, who was shot on Brickfield Road in 2022. 

The accused also face charges for the 2021 murders of Brendan Thandroyen, his daughter Bianca Afrika, and his brother Craig Thandroyen.  

The most serious charges relate to a January 2022 incident in Amaoti, Inanda, where six people were allegedly executed.

The victims included four young men: 17-year-old Wandile Fanaphi, 20-year-old Qhaphelani Mkhovu, 22-year-old Mlondi Getane, and 25-year-old Mlondi Kunene, as well as Lindo Sphambo and Philip Hinsa.

The court is expected to decide next week if Nkatha is in contempt. 

nomonde.zondi@inl.co.za

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