A National Prosecuting Authority (NPA) prosecutor has been suspended and faces disciplinary action after failing to appear in the Kwaggafontein Magistrates Court in Mpumalanga, resulting in the case against taxi kingpin Joe ‘Ferrari’ Sibanyoni being struck off the roll. The prosecutor was supposed to appear in court for the continuation of a bail application in the extortion case against Sibanyoni and three other accused.
The NPA said the prosecutor’s absence led to the collapse of the bail application, forcing the court to strike the matter from the roll and authorize a warrant of arrest against the prosecutor. The authority further explained that the case cannot simply resume without proper legal steps being followed, and that it would require formal intervention before it can proceed again.
Case Details
Sibanyoni, Bafana Sindane, Mvimbi Daniel Masilela, and Philemon Msiza face charges of money laundering and extortion. It is alleged that the group extorted more than R2 million in ‘protection fees’ from a mining businessman between 2022 and 2025. According to the Department of Justice and Constitutional Development, the prosecutor’s actions were in contravention of the Criminal Procedure Act.
Next Steps
The Director of Public Prosecutions in Mpumalanga is currently engaging with the investigating officer to facilitate the re-enrolment of the matter. National Director of Public Prosecutions (NDPP), Adv. Andy Mothibi, expressed concern over the incident, describing it as both serious and regrettable. Mothibi said that while this is disappointing, it is not a setback as the NPA is within its 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.
Here are the key points in the case:
- The prosecutor failed to appear in court, resulting in the case being struck off the roll.
- The prosecutor has been suspended and faces disciplinary action.
- The case against Sibanyoni and three other accused will require formal intervention before it can proceed again.
For more information on the Criminal Procedure Act, visit the Wikipedia page on the topic.
