Overview of the Court Decision
The Durban High Court recently paused the execution of arrest warrants that were issued in June 2026 against Siyabonga Thomas Getsemane, a well‑known KwaZulu‑Natal taxi boss, his daughter Amahle, and two other individuals. The stay came after Getsemane filed an urgent application challenging the National Prosecuting Authority, the police minister, and other respondents.
Background of the Arrest Warrants
The 2023 Qala Quarry Incident
In November 2023, Getsemane and twelve security guards were arrested on suspicion of trespassing at the Qala quarry in Inanda. The public prosecutor’s office later decided there was no case to answer, and the matter was dropped.
New Allegations in 2026
The warrants that prompted the recent court action are said to relate to claims of fraud, extortion, trespassing, and harassment. A source indicated that police questioned documents Getsemane presented that supposedly allowed him to stay at the quarry, believing those papers might be forged.
Legal Arguments by Getsemane’s Team
Alternatives to Arrest
Getsemane’s lawyer, Sibusiso Dlamini of SD Dlamini & Associates, argued that arrest should be a last resort. He pointed out that the Criminal Procedure Act allows for subpoenas or written notices instead of taking someone into custody.
Concerns About Unrelated Parties
Dlamini highlighted that Amahle Getsemane, Clifford Sibiya, and Sibusiso Mdima were never arrested in 2023 and were not present at the quarry. He questioned why warrants were issued against people who had no connection to the original incident.
Health and Personal Circumstances
Clifford Sibiya’s Illness
During the hearing, it was noted that Sibiya suffers from tuberculosis and a festering tumor in her neck. Police officers who arrived at his home in July observed his condition and chose not to arrest him. Dlamini said he is obtaining a medical report to confirm Sibiya’s illness.
Amahle Getsemane and Sibusiso Mdima
Amahle was not aware of any warrant against her, and Mdima said he had no knowledge that a warrant had been issued for his arrest. Dlamini added that Getsemane had offered to surrender voluntarily after receiving a letter from his company on July 10, suggesting the warrants were unnecessary.
Court’s Response and Next Steps
Stay of Execution
Judge Mluleki Chithi granted the application and ordered that the execution of the arrest warrants be suspended pending further proceedings.
Timeline for Filings
- Respondents (including the NPA and the magistrate who signed the warrants) must file their affidavits by August 13.
- Applicants may submit any additional affidavits by August 14.
- All arguments are due by August 17.
- The matter will be heard on August 19.
Ongoing Civil Case
Separate from the criminal proceedings, Getsemane is pursuing a R100‑million civil lawsuit against the police minister over his 2023 arrest. He also has a pending application for a restraining order to stop what he claims is continuing police harassment of him and his wife.
Conclusion
The Durban High Court’s decision to halt the arrest warrants highlights important questions about when and how law enforcement should use its powers. By emphasizing alternatives like subpoenas and pointing out the lack of connection for some of the accused, Getsemane’s legal team has sparked a debate about fairness and proportionality in the justice system. As the case moves toward its August hearing, both sides will have the chance to present more evidence, and the outcome could influence how similar situations are handled in the future.
