The National Prosecuting Authority (NPA) has confirmed that an urgent court application brought to stop the execution of arrest warrants in the case involving taxi boss Madoda Johannes Sibanyoni and others has been formally withdrawn. According to the NPA, the Director of Public Prosecutions (DPP) for the Mpumalanga Division received a notice of withdrawal on Friday, May 29, from attorneys representing Messrs Sibanyoni and Sindane.
The applicants had lodged an urgent application on Wednesday, May 27, seeking to interdict the execution of a J50 warrant of arrest against the accused. The matter was scheduled to be heard on May 28 at the Delmas Magistrates’ Court. NPA national spokesperson Kaizer Kganyago, said the application followed the prosecution’s decision to re-enrol the criminal case, which had previously been struck off the roll on 18 May 2026 in the Kwaggafontein Magistrates’ Court.
Background of the Case
Prosecutors had obtained a J50 warrant of arrest and requested that the accused be presented through their legal representatives for the matter’s re-enrolment. In response, the accused launched an urgent application against the National Director of Public Prosecutions (Adv Andy Mothibi) and the DPP, challenging both the execution of the warrants and the re-enrolment of the case.
The matter had been set down for hearing at the Mbombela High Court in Mpumalanga on June 2. Kganyago says the withdrawal of the application brings an end to the dispute relating to the re-enrolment of the criminal case and the execution of the warrants of arrest. The authority also noted that the Magistrates Commission has confirmed it is investigating a formal complaint lodged by the DPP against Chief Magistrate Tonjeni on May 26.
Investigation and Next Steps
The NPA added that it is still awaiting written reasons from Chief Magistrate Tonjeni, as well as a date for the hearing of its application for leave to appeal filed on May 22. As stated on the Department of Justice and Constitutional Development website, the NPA is committed to upholding the rule of law and ensuring that justice is served. The case against Sibanyoni and his co-accused will continue, with the next steps to be determined by the court.
Some key points to note in this case include:
- The urgent court application was withdrawn, bringing an end to the dispute relating to the re-enrolment of the criminal case and the execution of the warrants of arrest.
- The Magistrates Commission is investigating a formal complaint lodged by the DPP against Chief Magistrate Tonjeni.
- The NPA is awaiting written reasons from Chief Magistrate Tonjeni, as well as a date for the hearing of its application for leave to appeal.
