• The R2-million extortion case against taxi boss Joe Sibanyoni was struck from the roll after prosecutor Mkhuseli Ntaba failed to appear in court on Monday.
• National Director of Public Prosecutions, Advocate Andy Mothibi, said that Ntaba has been suspended.
• Chief Magistrate Tule-tu Tonjeni issued an arrest warrant for Ntaba, finding him guilty of contempt and disobeying the court order.

National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi has confirmed that Mpumalanga prosecutor Mkhuseli Ntaba, who failed to appear in court on Monday in the Joe “Ferrari” Sibanyoni extortion case, has been suspended pending disciplinary proceedings.

This drastic action follows his failure to appear at the bail application for Sibanyoni and his co-accused, Mvimbi Daniel Masilela, Philemon Msiza, and Oupa Josiah “Bafana” Sindane, who also faced charges of extortion and money laundering.

He was late to court on Friday, and the magistrate warned him to be on time on Monday.

The prosecutor’s absence left the court with little choice but to strike the matter off the roll, with the magistrate subsequently authorising a warrant of arrest.

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Mothibi noted that while the magistrate had the prerogative to invoke the Criminal Procedure Act, the National Prosecuting Authority (NPA) would reflect on the order to determine whether it was the best legally available mechanism.

Because the matter was struck, the case can now only be reinstated upon written authorisation by the Director of Public Prosecutions (DPP) in the Mpumalanga division, said Mothibi.

Mothibi appealed to the public to exercise patience while the NPA deals with the matter internally, as well as externally through the South African Police Service. The DPP is already engaging with the investigating officer to facilitate the re-enrolment of the case.

Mothibi said:

“There is no room for impunity as we remain resolute in our constitutional obligation to hold those accused of criminality accountable.”

Hours-long wait

The Kwaggafontein Magistrate’s Court waited for hours, despite a strict judicial order that the R2-million extortion case resume at 09:00.

Chief Magistrate Tule-tu Tonjeni told the court:

Tonjeni will also report Ntaba to the Legal Practice Council and to his seniors at the office of the Director of Public Prosecutions.

The bail applications of Sibanyoni, Masilela, Msiza and Sindane had been scheduled to resume on Monday.

They faced charges of extortion and money laundering after they allegedly demanded more than R2 million in “protection money” between 2022 and 2025 from a Mpumalanga businessman.

The order was issued after the legal teams for the four men argued that Ntaba disobeyed a court order and that his absence was disrespectful to the court proceedings.

Addressing the court shortly after midday on Monday, Advocate Shaun Abrahams, who represents Sibanyoni, said Ntaba’s absence amounted to “contemptuous” and “egregiously disrespectful” conduct towards the court and the administration of justice.

Abrahams told the court that all parties, including the accused, defence lawyers and court staff, had arrived before proceedings were due to start.

READ | ‘I’m a man of God’ – Taxi boss Joe ‘Ferrari’ Sibanyoni says he will preach gospel in jail

However, when Tonjeni entered the courtroom at 09:00 and called the matter, Ntaba was absent.

By 13:00, Ntaba had still not arrived in court.

Abrahams argued that, if the court did not wish to strike the matter from the roll, it should grant the accused bail.

“The prosecutor had knowledge of the extant court order, and the non-compliance was wilful. As an officer of the court, the prosecutor had a duty to obey this court’s order, yet he chose the alternate route,” he said.

Abrahams further argued that Ntaba’s conduct amounted to “obstructing and or defeating the administration of justice”.

Simon Setsoalo, the attorney for Masilela and Msiza, argued that the matter should be treated as “an unopposed bail application”.

“The main purpose of that order was to afford the State an opportunity to provide reasons why it is opposing bail. It is clear that the State is not willing to oppose bail. Hence, I am saying that the matter must be treated as unopposed,” he said.

Advocate Mpati Lebakeng, for Sindane, argued that Ntaba’s conduct was “deliberate tardiness”.

“We have witnessed what I call deliberate tardiness and willful non-compliance. The prosecutor was here; he was personally present, and the court order was made.

“He was given notice on time and on date; he nonetheless is not here today,” Lebakeng said.

She argued that the failure of a prosecutor to obey a court order ought to and must constitute a serious breach that triggers contempt.

The four men embraced their legal teams and one another, sharing hugs and high-fives as smiles spread across their faces following the order. Their supporters also rushed to the front of the courtroom to congratulate them with hugs and handshakes.

Meanwhile, Mpumalanga police believe there is still a strong case against the four suspects, despite what has transpired in court.

Police spokesperson Colonel Mavela Masondo said the Mpumalanga Organised Crime Unit had conducted its investigation and obtained strong evidence against the group.

“Strong evidence against the suspects with regard to the matter remains intact,” Masondo said.

He further disputed reports alleging that SAPS investigating officers were not present in court, calling them false.

“The investigating team arrived in court at 08:45 this morning,” he said.

“The SAPS will continue with engagement with the [NPA] regarding the case.”