By Marcus Moloko
The R2.2 million extortion and money laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused has taken another dramatic turn, with the defence team moving to block the re-enrollment of the matter.
On Thursday morning, Sibanyoni, Bafana Sindane, Philemon Msiza, and Mvimbi Masilela were expected to appear in the Delmas Magistrates Court as the National Prosecuting Authority (NPA) sought to re-enrol the case.
The NPA confirmed that Sibanyoni’s legal representatives served papers in an effort to halt proceedings.
NPA spokesperson Kaizer Kganyago said the NPA was served with papers on Thursday morning.
“Yes, I can confirm that the papers have now been served. And as we speak, it is now set to sit on 2 June, which is next week.”
“[B]ut as far as we are concerned, most of the matters will be ventilated in court as to how we are going to move forward. But the papers are now set, and the matter will be heard in Bombela and the High Court in Bombela….”
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Kganyago said that despite the legal manoeuvre, the accused were still expected to present themselves in the Delmas Magistrates’ Court.
“As far as we are concerned, they have to be here because this is not an interdict, as yet. It is that they have just served papers. Therefore, the court will then take it from there to see on the basis of what has happened, how we are going to take it further.
He added that the NPA would respond formally in an affidavit.
“Our lawyers will have to read and respond. Therefore, you will see our response in the affidavit that we will file in response to those papers. Therefore, there is nothing that stops the proceedings from happening today (Thursday).”
The case has already been marred by delays and controversy, including the suspension of senior prosecutor Mkhulise Ntaba.
Kganyago confirmed that Ntaba remains suspended and that a new prosecutor has been appointed to lead proceedings.
“[T]he decision was made by the DPP of Mpumalanga. And purely it was made on the basis of security concerns, and obviously in each and every case, high-profile case, an assessment is done by our security and then they look at what is feasible, and that is what informed the decision. So a new prosecutor will be in charge of proceedings today as Ntaba is still on suspension.”
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“The new prosecutor will be coming in on our site, and obviously Ntaba is not going to be here today. We will be seeing a change as well on the presiding officer on this matter.”
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