Joe “Ferrari” Sibanyoni in die hof. (Foto: Justice, Crime Prevention and Security/ X)
Joe “Ferrari” Sibanyoni (60), taxi boss from Mpumalanga, and his three co-accused’s case was struck off the roll in the Kwaggafontein Magistrate’s Court on Monday after the prosecutor did not turn up for the court proceedings.
Sibanyoni, Phillmon Makhaya Msiza (55), Mvimba Daniel Masilela (45) and Bafana Sindane entered the dock for the first time last week where they stood trial on a charge of extortion and two charges of money laundering.
According to the indictment, the four are suspected of having demanded money from a businessman in the mining industry between 2022 and 2025. He claims that in the end they demanded almost R2.2 million from him.
The four were expected to continue their applications for bail on Monday and proceedings were due to start at 09:00. However, after the prosecutor did not show up, the case was thrown out.
“It is now 13:19 and the prosecutor is still not in court. For the reasons that have been laid before the court, the case is thrown out of court. The action of the prosecutor amazed me. I saw him for the first and last time last week. I also addressed him at one stage and made headlines that he is unprofessional,” said the magistrate.
According to the indictment, the four are suspected of having demanded money from a businessman in the mining industry between 2022 and 2025. (Photo: Justice, Crime Prevention and Security/ X)
According to the magistrate, the controlling prosecutor apparently received a call from the prosecutor in the relevant case on Monday morning. He apparently indicated that he was on his way to court but was delayed due to paperwork.
“He has not given any time when he would appear in court. It would not be unreasonable for this court to find him guilty of contempt of court in his absence. I will issue the warrant for his arrest,” said the magistrate.
Shaun Abrahams, Sibanyoni’s legal representative and a former national director of public prosecutions, was visibly upset about the delay during Monday’s proceedings. He made it clear that he was going to file a complaint against the prosecutor over what he labeled as the prosecutor’s “unprofessionalism”.
However, supporters in the public gallery cheered and welcomed the magistrate’s decision.
Joe “Ferrari” Sibanyoni. (Foto: Justice, Crime Prevention and Security/ X)
Adv. Mthunzi Mhaga, the national director of public prosecutions, has meanwhile confirmed that the prosecutor is suspended pending the initiation of disciplinary proceedings against him.
Mhaga says that because the case has been deleted from the roll, it can only be put back on the roll with the written authorization of the director of public prosecutions in Mpumalanga.
The NPA will also study the magistrate’s order and decide on the appropriate way to deal with the issue.
Mhaga also expressed his shock and dismay at the events and appealed to the public to be patient while the matter is dealt with internally, as well as externally with the police.
“Although it is disappointing, it is not a setback, as we are within our right and authority to put the case back on the court roll as soon as there is compliance with the legal provisions for cases that have been removed from the court roll in this way.
“There is no room for impunity as we remain resolute in our constitutional obligation to hold accountable those accused of criminality,” says Mhaga.