Capacity: Regional Magistrate
First Appointed as Magistrate: 2010
Further Appointments: 2020 (Regional Magistrate)
Gender: Man
Ethnicity: African
Date of Birth: August 1974
Qualifications: B.Juris (1997) LLB (1999) (University of KwaZulu-Natal)
Key judgments:
- Gumede v Gumede
- Buthelezi v the State (Case No: 153/2023)
- Moodley v James and Others (D6046/2023) [2023] ZAKZDHC 71 (4 December 2023)
- Webstar v Hasthibeer and Others [2024] ZAKDHC 82
- S v Gcabashe and Another [2023] ZAKDHC 54
Candidate Biography | Updated September 2025:
Mr. Sanele Hlatshwayo is a Regional Magistrate and has been such since 2020.
Mr. Hlatshwayo began his legal career as a Candidate Attorney at Harkoo, Brijal and Reddy in the year 2000. He had completed his legal education at the University of KwaZulu-Natal the year prior. In 2004 Mr. Hlatshwayo became Director of Hlatshwayo and Nair, and then in 2007 became the Director of Hlatshwayo and Associates.
Hlatshwayo was appointed as a District Magistrate in 2010, and then to Regional Magistrate in 2020, sitting at Verulam Regional Court. Over the course of his fifteen years as a Magistrate, Mr. Hlatshwayo has sat in the Durban, Pinetown, Ndwedwe and Verulam courts, and has been exposed to a wide variety of both civil and criminal matters. These matters span a wide variety of fields of law, from commercial contract disputes, and family court matters to domestic violence and murder cases. Mr. Hlatshwayo has also had five stints acting in the Durban High Court between 2023 and the current year, totaling 20 weeks of bench time. This speaks to the breadth of, not only, Mr. Hlatshwayo’s knowledge, but also his practical judicial experience, which serves him well as an applicant.
Mr. Hlatshwayo has demonstrated a dedication to community upliftment through his membership of various committees and bodies dedicated to the protection and vindication of children’s rights, such as the KwaZulu-Natal Child Justice Forum. Further, he considers his greatest contribution to South African law, as it stands, to be his years of work vindicating the rights of pensioners and other vulnerable groups whose social welfare grants were unjustifiably cut off. This speaks to his understanding of the importance of fostering a brighter future for the next generation, while still having care and compassion for the previous.
Mr. Hlatshwayo further demonstrated this dedication to protecting the vulnerable in the Gumede case. In this case, an elderly rural woman was at risk of being left destitute by divorce, as her marriage was not recognized under the Recognition of Customary Marriages Act, owing to the fact that it fell outside the allotted time frame. In this case, where Mr. Hlatshwayo was arguing on behalf of Ms. Gumede, he was able to persuade the court to not grant judgment until the constitutionality of the Act’s time provision could be tested. It was subsequently declared unconstitutional, and Ms. Gumede was entitled to half of the estate.
As an Acting Judge, Mr. Hlatshwayo, in the Buthelezi case demonstrated clear ability to engage in a thorough and detailed examination of all elements of an appeal (of both sentence and conviction) while maintaining the dignity of the parties involved. This case dealt with an appeal from Mr Buthelezi, who had been sentenced to life imprisonment for the rape of an eleven-year-old girl. In this matter, Mr. Hlatshwayo had to contend with a variety of substantive, evidential and procedural questions, all of which required intensive engagement with the testimony of a minor child, which he balanced with skill.
Mr Sanele Hlatshwayo has shown a history and willingness to engage with law in a nuanced, respectful and holistic way over his many years of legal service and is a strong candidate for appointment to the bench.
October 2025 JSC Interview
The Judicial Service Commission interviewed candidates for five vacancies in the KwaZulu-Natal Division of the High Court. Following deliberations, the Commission had resolved to recommend Mr S D Hlatshwayo for the position.
Mr S D Hlatshwayo ’s interview was successful.