Justice Minister Mmamoloko Kubayi has condemned a prosecutor’s failure to appear in court during the matter against taxi tycoon Joe ‘Ferrari’ Sibanyoni and others.
Kubayi welcomed Mkhuseli Ntaba’s swift suspension and the issuing of an arrest warrant as a necessary step to safeguard confidence in the criminal justice system.
The dramatic developments unfolded at the Kwaggafontein Magistrate’s Court on Monday, where the case against Sibanyoni was officially struck off the roll.
Sibanyoni and others faced charges of extortion and money laundering.
No show
Ntaba failed to appear for the continuation of the bail proceedings, prompting the court to issue a warrant for his arrest and to find him in contempt.
Sibanyoni’s legal representative, former national director of public prosecutions (NDPP) Shaun Abrahams, indicated that he would pursue a contempt of court application against Ntaba for failing to attend court.
‘Unprofessional’
Abrahams described Ntaba’s conduct as unprofessional, noting that Mpumalanga Chief Magistrate Tule-tu Siphokazi Tonjeni had specifically instructed that the prosecutor be present in court on Monday, despite Ntaba’s attempts on Friday, 15 May, to indicate that he would be unavailable.
Disappointment
Minister Kubayi expressed disappointment and regret at how the events unfolded at the Kwaggafontein Magistrate’s Court.
“It is in the interest of justice that the accused persons are given an opportunity to respond to the charges brought against them in the court of law. Technical lapses of this nature, especially by state institutions, must be avoided so that the public does not lose confidence in our justice system,” said Kubayi.
The Minister implored the National Prosecuting Authority (NPA) to put in place systems and processes to ensure such incidents don’t occur again in the future.
Suspension
The NPA has since decided to suspend Ntaba and initiate disciplinary action.
“While the magistrate is within his or her prerogative to invoke the relevant section of the Criminal Procedure Act, we will reflect on the order and determine if it is the best legally available mechanism to deal with the matter,” the NPA said.
The incumbent NDPP, Andy Mothibi, also expressed his concern over the developments.
“While this is disappointing, it is not a setback as we are within our right and authority to reinstate the case once there is compliance with the legal provisions governing matters removed from the court roll in this manner.”
Charges
Sibanyoni, together with Bafana Oupa Sindane, Phillmon Makhaya Msiza and Mvimba Daniel Masilela, were charged with extortion as well as two counts of money laundering.
The state claims that from 2022 to 2025, the trio allegedly forced a businessman in the Nkangala district to pay more than R2.2 million as a so-called protection fee.
It is also alleged that the victim was threatened with the shutdown of his business operations if he refused to comply.
Three of the four accused were apprehended by law enforcement on 12 May, while Sindane, who had allegedly tried to evade arrest, later surrendered himself to police on Friday.
