Kgosi Mampuru prison head Ntsizi Qebengu avoided arrest when his lawyers served a SCA petition on Radovan Krejčír’s attorneys, effectively suspending his 90-day contempt of court imprisonment sentence, reports News24.

The petition had the effect of suspending the contempt of court order, which meant that the 90-day imprisonment term he was meant to serve was effectively stayed. 

The saga dates back to June and August when court orders required the prison to provide Krejčír with three hours of Internet access per day –  something the prison claimed was impossible because there were no study facilities.

This, after Judge Moleboheng Mdalana-Mayisela noted that prison authorities had initially ‘agreed to the court order because it is possible to execute’.

Krejčír, who is serving 35 years for kidnapping and attempted murder, successfully argued his constitutional right to education as a registered Unisa student, saying that the prison had 'stolen 11 months' from his 12-month programme.

The prison recently lost the case and Qebengu’s application for leave go appeal the ruling was also dismissed after the judge found that ‘the appeal would have no reasonable prospect of success.

However, the prison boss didn’t leave it there, according to News24.

Department of Correctional Services spokesperson Singabakho Nxumalo said: ‘We have now petitioned the SCA and the inmate has been served with papers.’

While the higher court considers the petition, the contempt order is effectively stayed and, in turn, Qebengu’s imprisonment.

According to Krejčír’s attorney, Kerishni Pillay from Otrebski Attorneys, they attempted to have Qebengu arrested, but ‘upon attempting the arrest at the prison, the police were served with an appeal to the Supreme Court’.

She said they attempted to effect the arrest the day after the prison’s leave to appeal application was dismissed.

Nxumalo said he was not aware that the police were at the prison to effect the arrest.

Full News24 report