Ngwenya’s lawyer Shani van Niekerk confirmed that the matter will be heard before the Pretoria domestic violence court on Thursday.
The warrant was issued by the Pretoria magistrate’s court on Friday authorizing police to arrest Ngwenya in accordance with having violated a protection order issued by the family court on December 12 after a complaint laid by Mabena.
“The purpose is to approach the court on an urgent basis to have the warrant of arrest that is issued against my client certified,” Van Niekerk said.
“To date I have still not seen a copy of the warrant nor the application which was drafted in substantiation of such a warrant of arrest. We don’t know why the warrant is issued against my client or if it’s truly issued.”
However, according to the protection order Ngwenya is not to commit the following acts:
• [Not to] assault, threaten, and verbally abuse the complainant [Mabena]. Not to emotionally abuse the complainant. Not to stalk the complainant.”
• [Not to] withhold household effects and beds for complainant and children. [Not to withhold] fridge, a television and house as well as car keys for the ML63 utilized by the complainant and children.
• The respondent [Ngwenya] not to withhold household necessities like food, clothing, and electricity supply to the complainant and minor children.
• A warrant is authorized for the arrest of the respondent, the execution of which is suspended subject to the respondent’s compliance with the provisions of the Protection Order as stated above.
The terms of the protection order also states that Ngwenya should not enter their shared residence in Centurion.
Mabena’s lawyer Joshua Lazarus said the application was irregular and he was confident that the court would dismiss it.
“I’m very confident that the matter will be dismissed, his application is an abuse of court. So the application is for the warrant and protection order. But the application is irregular,” Lazarus said.
“There is a strong possibility that he will be arrested tomorrow morning because he has been evading us. We still don’t know where he is and his attorney refuses to give his address. Tomorrow hopefully he comes to court and the warrant of arrest could be executed.”
Police spokesperson Kay Makhubela told the publication on Monday that they had received the arrest warrant, but could not find Ngwenya at the address that was stated.
“Police can confirm that a complainant who had a protection order approached the police in Akasia saying that her husband had assaulted her. She had a warrant of arrest which was issued with protection order,” Makhubela said.
“Police went out to look for the husband and he was not found at the address pointed out. There are other cases of assault and malicious damage to property that are still under investigation. Dockets were taken to SPP for decision.”
The latest development in the couple’s airing of their dirty linen comes almost a week after Mabena was jailed for alleged conspiracy to murder Ngwenya. She was freed after the National Prosecuting Authority said the court had decided that more investigation was needed before Mabena’s case could be put on the roll.
Her arrest was related to Ngwenya surviving an attack when gunmen apparently opened fire on his vehicle in Centurion, killing his bodyguard.
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