KwaZulu-Natal taxi boss and Inanda Taxi Owners Association chairperson Thomas Siyabonga Getsemane has temporarily avoided arrest after the Durban High Court halted the execution of warrants issued against him, his daughter and two others while a legal challenge unfolds.
Getsemane is wanted by police in connection with allegations of fraud and extortion dating back to 2023. However, the court has ordered that the warrants not be executed until the matter is heard on 19 August.
The warrants were issued by the Ntuzuma Magistrate’s Court on 26 June 2026. Police attempted to arrest Getsemane at his home on 17 July but were unable to find him. After contacting his attorney, the businessman launched an urgent application challenging the legality of the warrants.
The matter stems from an incident in November 2023 when Getsemane and several security guards were arrested following a dispute at the Qala Quarry in Inanda.
According to KwaZulu-Natal police spokesperson Amanda Funani, Getsemane allegedly attempted to take control of the mining operation under false pretences.
“He produced fraudulent documents claiming ownership of a quarry that belonged to a businessman in Inanda,” Funani said.
The original case was never enrolled after Getsemane instituted a R100 million civil claim against the police for what he alleges was an unlawful arrest. Police have since obtained fresh warrants relating to allegations of fraud and extortion.
Speaking to eNCA, Funani said Getsemane had initially undertaken to hand himself over to police.
“He promised police he would hand himself over on Monday,” she said.
However, on the agreed day, his legal representatives instead served police with a High Court interdict preventing his arrest pending the outcome of the legal challenge.
Funani said police intend opposing the application when the matter returns to court.
“We believe we have a strong case against him,” she said.
Getsemane’s legal team argues that the warrants were improperly obtained and that arrest was unnecessary.
In court papers, his attorney, Sibusiso Dlamini, argued that arrest warrants should be a measure of last resort and questioned the basis on which they were authorised.
“It is not apparent on what basis, if indeed there was any basis, the warrants were authorised in the first place,” Dlamini submitted.
The application also argues that the Criminal Procedure Act provides alternatives to arrest, including summonses or written notices, and contends that police powers “cannot be exercised for an ulterior purpose.”
Dlamini further questioned why warrants had also been issued for Getsemane’s daughter, Amahle Getsemane, Clifford Sibiya and Sibusiso Mdima, arguing that they were not present during the events that led to the 2023 arrests.
“Why were warrants sought for people who were not even present when the original arrests took place in November 2023?” he asked.
Judge Mluleki Chithi has directed the National Prosecuting Authority, the Minister of Police and other respondents to file their answering affidavits before the matter is heard on 19 August.
Until then, the execution of the arrest warrants remains suspended, allowing Getsemane and the other applicants to remain free while the court determines whether the warrants were lawfully obtained.
