Joe “Ferrari” Sibanyoni in die hof. (Foto: Justice, Crime Prevention and Security/ X)
Mmamoloko Kubayi, the minister of justice and constitutional development, welcomed the swift action of the national director of public prosecutions to suspend the prosecutor in the case against Joe “Ferrari” Sibanyoni (60), taxi boss from Mpumalanga, and his three co-accused.
This suspension follows after the case was struck off the roll in the Kwaggafontein Magistrate’s Court on Monday after Mkhuseli Ntaba, the prosecutor, did not turn up for the court proceedings.
The magistrate hearing the case also issued a warrant for Ntaba’s arrest and considered his actions to be “unprofessional” after she had previously told him to be at the court promptly at 09:00.
Sibanyoni and his co-accused would have continued their application 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.
According to the indictment, the four are suspected of having demanded money from a businessman in the mining industry between 2022 and 2025. The businessman claims they eventually demanded almost R2.2 million from him.
Kubayi expressed her disappointment at the way the events unfolded.
“It is in the interest of justice that the accused be given the opportunity to respond to the charges brought against them in court. Technical errors of this nature, especially by state institutions, must be avoided so that the public does not lose faith in our legal system,” says Kubayi.
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)
Also read: Joe Sibanyoni | ‘Police still have strong case’
Kubayi also appealed to the National Prosecuting Authority (NPA) to implement systems and processes to ensure that such incidents do not happen again.
Meanwhile, ActionSA has also written to the national director of public prosecutions.
Dereleen James, ActionSA MP, says Monday’s incident raises serious concerns about Ntaba’s accountability and the state of justice in South Africa.
James says Ntaba apparently already indicated last week that he is not available to handle Monday’s proceedings.
“The total failure of the prosecutor and the investigating officer to appear in court or communicate properly with the court is unacceptable. ActionSA believes that serious questions must now be asked as to why alternative arrangements were not made to ensure that the case continued.
“Why wasn’t another prosecutor appointed? Why wasn’t the case transferred to another court or formally adjourned? Most importantly, why was a case involving serious allegations of extortion and money laundering simply dropped?” asked James.
Maroela Media reported earlier that the magistrate said that the controlling prosecutor apparently received a call from Ntaba on Monday morning. He apparently indicated that he was on his way to court but was delayed due to paperwork.
Col. Mavela Masondo, spokesperson for the police in the province, strongly denied that the relevant investigating officers were also not present in court on Monday.
According to him, the investigation team was already at the court at 08:45 on Monday.
He says the police will remain in discussion with the National Prosecuting Authority (NPA) regarding the matter.