Court president’s decision criticised by stakeholders
Attempting to transfer criminal cases, mostly involving rhino poaching, from the Skukuza court to Hazyview, was contrary to an order by the judge president of Mpumalanga.
Naomi Engelbrecht, the regional court president (RCP) of Mpumalanga, is facing significant backlash for her controversial decision to transfer criminal cases, mostly involving rhino poaching, from the Skukuza court to Hazyview.
A letter dated Thursday March 6, from Judge Segopotje Sheila Mphahlele, the judge president of Mpumalanga, firmly stated that no cases would be moved from Skukuza to Hazyview.
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This instruction followed an emergency meeting on Wednesday, March 5 between Engelbrecht, Mphahlele and the National Prosecuting Authority (NPA). A directive from the judge president reinforcing this decision was issued the following day.
Engelbrecht’s move to transfer cases – communicated to the regional magistrate, Mbongeni Ngobeni, two weeks prior – sparked widespread confusion. At the time, regional court prosecutor Abednigo Mgiba, along with suspects, witnesses, and legal teams, gathered in Skukuza, while Ngobeni waited in Hazyview under the RCP’s orders.
When Ngobeni instructed everyone to relocate to Hazyview, resistance followed. Suspects out on bail, legal teams, and even the police, refused to comply. Ultimately, it was agreed that all cases would be postponed in absentia until Thursday, March 13.
Engelbrecht was further instructed by the judge president to draft a revised programme for court sittings, but at the time of publication, regional court magistrates and prosecutors had not yet received the new schedule.
This is not Engelbrecht’s first controversial action. In 2019/20, she clashed with former Judge President Francis Legodi over a similar decision to relocate the Skukuza Regional Court to Mhala. Engelbrecht’s refusal to reverse her decision led Legodi to present the matter before a panel of high court judges.
@lowvelder According to the regional ranger of Special Operations in the Kruger, Bruce Leslie, the sudden increase in rhino poaching can be attributed to various factors, but mostly to the continuous demand on the international market. #knp #rhinopoaching #krugernationalpark
The panel ruled that Engelbrecht’s decision was illegal and beyond her authority. Her application to appeal was denied by both the Supreme Court of Appeal in Bloemfontein and the Constitutional Court, with both courts stating the appeal lacked merit.
For now, all cases have been transferred back to Skukuza.
Engelbrecht has not responded to queries from Lowvelder. Her response, if received, will be published.
