The Durban High Court has halted the execution of arrest warrants issued against controversial KwaZulu-Natal taxi boss Siyabonga Thomas Getsemane, his daughter and two associates, after questions were raised about how the warrants were obtained and why arrest was pursued instead of less drastic legal measures.
The warrants, authorised by the Ntuzuma Magistrate’s Court in June, were stayed on Monday following an urgent application in which Getsemane’s legal team argued that arrest should be a measure of last resort and that the basis for issuing the warrants remained unclear.
Police had attempted to execute the warrants at Getsemane’s home on July 17, but he was not there. It later emerged that the warrants carried the same case number as a 2023 matter in which Getsemane and 12 others were arrested at the Qala Quarry in Inanda, a case that was ultimately not prosecuted.
The order followed an urgent application brought by Getsemane against the National Prosecuting Authority (NPA), the Minister of Police, and other respondents.
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In November 2023, Getsemane and 12 security guards were arrested on allegations of trespassing at the Qala Quarry in Inanda.
However, the prosecution declined to prosecute, having found that there was no case, and the matter was never enrolled. It was understood that the latest warrants related to allegations of fraud, extortion, trespassing, and harassment.
A reliable source said fraud and extortion were to be investigated because Getsemane showed police papers that he said entitled him to be at the quarry. The police at the time were of the view that those papers were fraudulent.
During Monday’s proceedings, Dlamini, of SD Dlamini & Associates, argued that the warrants issued against Getsemane, his daughter Amahle Getsemane, Clifford Sibiya, and Sibusiso Mdima must be set aside because arrest warrants should be a measure of last resort.
“It is not apparent on what basis, if indeed there was any basis, the warrants were authorised in the first place,” he submitted.
In court papers, Getsemane’s legal team argued that the Criminal Procedure Act provided for summonses or written notices as alternatives to arrest.
“It is not being argued that the police and prosecuting authorities do not have powers of arrest. What is being contended is that those powers cannot be exercised for an ulterior purpose,” the application stated.
Dlamini also pointed out that Amahle, Sibiya, and Mdima had never been arrested in 2023 and were not present at the quarry.
“Why were warrants sought for people who were not even present when the original arrests took place in November 2023?” Dlamini asked.
The court also heard that Sibiya was seriously ill, suffering from tuberculosis and a suppurating tumour in his neck.
Court papers stated that when about 30 armed police officers arrived at his home in July to execute the warrant, the investigating officer decided not to arrest him after observing his condition.
Dlamini said he was in the process of obtaining a medical report confirming Sibiya’s illness.
Regarding Mdima, Dlamini said his client had been unaware that a warrant had been issued for his arrest.
He argued that the urgency of the application arose because police obtained the warrants despite having received a letter from his firm on July 10 advising that Getsemane was willing to hand himself over voluntarily should the authorities require his attendance.
KwaZulu-Natal Deputy Director of Public Prosecutions, Advocate Lawrence Gcaba, cited as the fourth respondent, requested time to file the State’s answering affidavit.
Judge Mluleki Chithi granted the request and ordered the respondents, including the Ntuzuma magistrate and Warrant Officer Esterhuizen, to file their answering affidavits by August 13.
The applicants’ replying affidavits, if any, are due by August 14, while heads of argument must be filed by August 17. The matter will be heard on August 19.
Pending that hearing, Judge Chithi ordered that the execution of the warrants be stayed.
In a separate matter, Getsemane is pursuing a R100 million civil claim against the Minister of Police arising from his 2023 arrest and had a pending interdict application aimed at preventing what he claimed to be ongoing harassment by police against him and his wife.
