Why has former Mpumalanga speaker Khaya Segone not been arrested?

More than five years after a High Court ruling set aside his bail and ordered his arrest, former Victor Khanye local municipality speaker Khaya Segone remains free, with questions continuing over the status of the order.

Segone, a former ANC politician in Mpumalanga, faces several criminal allegations linked to incidents in Delmas. These include public violence, kidnapping, discharging a firearm on municipal premises, incitement to commit assault and crimen injuria.

He has also been accused of leading a group known as the “Yellow Overalls”, which allegedly targeted political opponents and residents. These remain allegations, and the cases are still before the courts.

The unresolved arrest warrant has raised concerns among state witness Meshack Thombeni and his legal representatives, who have sought clarification from the National Prosecuting Authority (NPA).

Questions over the arrest warrant

According to Thombeni, the High Court in Middelburg set aside Segone’s bail in a judgment delivered in January 2021 and ordered that he be arrested.

However, Thombeni says the warrant was never executed.

He recently received an update from the investigating officer, who confirmed that the matter had been followed up. The officer reportedly noted that the court had overturned the bail decision and issued an arrest warrant, but that the warrant had apparently not been carried out.

The officer also indicated that the relevant criminal cases remained active and that Segone continued to attend court.

Thombeni said he was advised to approach the director of public prosecutions to establish what had happened to the warrant.

Lawyers seek answers from the NPA

On 8 May, Thombeni’s attorneys wrote to the NPA requesting an explanation for why the arrest warrant had not been executed.

The letter stated that Thombeni was among several witnesses expected to testify against Segone in the Delmas matter, which had been pending for years.

The attorneys also sought clarification about an application for leave to appeal that, according to their letter, was filed at the Middelburg High Court on 12 November 2021.

They asked the NPA to confirm the status of the application and explain how it affected the arrest order.

The letter further raised allegations that Thombeni and members of his family had faced intimidation and threats relating to their lives and employment. The attorneys alleged that Segone, his co-accused or other individuals had continued approaching the family while the case remained unresolved.

These claims were presented by Thombeni’s legal representatives and have not been established as fact in the information provided.

His attorneys said their client was concerned about the circumstances surrounding Segone’s bail and his continued public appearances, which they said could create the impression that he was beyond the reach of the law.

NPA explains why the warrant was not executed

NPA spokesperson for Mpumalanga Monica Nyuswa said Segone had applied for leave to appeal and that the order was suspended as a result.

“The order was suspended and the arrest order was automatically suspended,” Nyuswa said.

She explained that the matter had also been assigned to a new legal representative after the previous representative died.

According to Nyuswa, the pending application for leave to appeal meant the warrant could not be executed.

Her explanation addresses the central question raised by Thombeni’s lawyers: the NPA says the arrest order was suspended while the appeal application remained pending.

Segone responds to the allegations

When approached for comment, Segone questioned the timing of the inquiry, suggesting that the matter was being raised during an election campaign despite already being before the courts.

He also said that anyone who believed they had been intimidated should report the matter to the police and the prosecutor and provide evidence.

The dispute over the warrant comes as the criminal allegations against Segone remain unresolved. The status of the appeal application is a key issue in understanding why the arrest order has not been carried out.

Follow Joburg ETC on Facebook, Twitter, TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com

Source: IOL