By Marcus Moloko
Mpumalanga taxi tycoon Joe “Ferrari” Sibanyoni and his three co-accused may soon return to court after the National Prosecuting Authority (NPA) confirmed that their extortion and money laundering case is likely to be re-enrolled.
The Kwaggafontein Magistrate’s Court struck the matter off the roll earlier this week when state prosecutor Mkhuseli Ntaba failed to appear for bail proceedings, despite a direct order from the magistrate.
ALSO READ: Home Affairs intensifies crackdown on corruption, illegal immigration – Schreiber
National Director of Public Prosecutions (NDPP) Adv Andy Mothibi confirms that Ntaba was suspended and that the Office for Ethics and Accountability was instructed to investigate the circumstances surrounding his absence.
“So the prosecutor has received a suspension letter. But when I spoke to him, he was indicating that he was still to speak to the prosecutor because you know when you’re on suspension of course you’ve got to be called in and so on, right? So he’s gonna call him in again this morning. I’m expecting a report at two o’clock (May 20).”
Mothibi confirmed that information reaching his office suggested Ntaba may have felt unsafe.
“As they talk to me, it is that the prosecutor, amongst others, felt unsafe. So that’s the information that reached them. Then I said it’s important that we collate and gather credible information. We’ve got a division here that is called the Office of Ethics and Accountability. It investigates internally on matters of this nature. So they are on instruction to investigate speedily. I need a report from them that will then inform us.”
ALSO READ: Court makes final defamation order protecting Malema from Mchunu claims
NPA spokesperson Kaiser Kganyago maintained that the case was far from being over. “… I want the public to understand that when it is struck off the roll, it means we can bring it back onto the roll,” he said.
“That can only be done when the Director of Public Prosecutions in Mpumalanga brings it right back to the court to re-enroll this matter. And that is going to happen.”
Kganyago confirmed Ntaba’s suspension while indicating ongoing probes into the matter.
“We don’t want to jump to conclusions because we are still in the investigation stage. The prosecutor has been suspended so that he can be given a fair opportunity to explain what really happened. But we are also doing our own investigation,” he said.
Legal expert Zola Majavu said Sibanyoni and his co-accused Bafana Sindane, Mvimbi Daniel Masilela, and Philemon Msiza, were “not yet out of the woods.”
“While the court may find the prosecutor in contempt, he has been referred to the LPC and the NPA. As matters stand, he was not in court. The magistrate then granted the prayer to strike the matter off the roll. It was treated as though it were unopposed.” said Majavu.
“Is this the end of the case? The answer is no. They have to get authorisation from the Director of Public Prosecutions. On a 14-day notice, do present yourself, and we are back to square one,” he said indicating that Sibanyoni and co-accused, may still be summoned back to court.
Majavu stressed that answers should emerge within days, given the urgency of the matter.
