By Marcus Moloko
The extortion and money laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused has been re-enrolled and will return to court on Wednesday at the Delmas Magistrate’s Court.
Sibanyoni, along with Oupa Josiah “Bafana” Sindane, Mvimbi Daniel Masilela, and Philemon Makhaya Msiza, face allegations of extorting more than R2 million in protection fees from a local mining entrepreneur.
The matter was struck off the roll last week at the Kwaggafontein Magistrate’s Court after prosecutor Mkhuseli Ntaba failed to appear for bail proceedings.
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Magistrate Tuletu Tonjeni found Ntaba in contempt of court and issued a warrant of arrest. Ntaba has since been placed on precautionary suspension pending an internal investigation.
But the National Prosecuting Authority (NPA) has now filed a formal complaint against Magistrate Tonjeni with the Magistrates Commission, arguing that her conduct was “uncourtly” and legally unacceptable.
National Director of Public Prosecutions (NDPP) Andi Mothibi defended the NPA’s actions, saying the case fell under the banner of organized crime.
“I think the public needs to know that we remain committed to ensuring that we contribute to the fight against organized crime. This matter is one of those that really finds itself under the banner of organized crime. It’s about extortion, it’s about ensuring that we take action.”
Mothibi explained that Ntaba had informed colleagues he received information about a plot to kill him on his way to court, prompting him to turn back for his own safety.
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“That is a natural instinctive way to react when your life is in danger, you go back. And the magistrate was informed by the senior prosecutor who was there that the prosecutor would be late because of the circumstances. To our surprise, the magistrate was in court, she called the case, and when the prosecutor wasn’t there… Without any further inquiries, the matter was struck off the roll, and our colleague was issued with a warrant of arrest and found guilty.”
The NPA has since filed appeal papers challenging the legality of Tonjeni’s ruling.
“We have now launched an appeal. The papers have been filed. We are appealing against the order and the legality of all that happened. What we are also doing is that we have reported the magistrate to the Magistrates Commission because we found her conduct to be injudicious.” said Mothibi.
He emphasized that the suspension of Ntaba was not premature.
“…we didn’t act prematurely. We were faced with a situation where a prosecutor was found guilty of contempt of court, and because we respect our courts, if we are to question our courts, there’s a process that we need to follow, and we are following that process. So we had to respond and react in a manner that serves the public interest to ensure that we demonstrate that we take this situation seriously.”
Mothibi acknowledged the dangers prosecutors face in organized crime cases.
“Our prosecutors and investigators on a daily basis, face risks. We have ensured that from a prosecution perspective, we empower and ensure that the security measures are in place. Our security department acts proactively. They identify the prosecutions, and the measures are in place to protect them.”
Despite last week’s collapse, Mothibi confirmed the case is back on track.
“The matter will be enrolled. They have planned for tomorrow.”
