By Akani Nkuna
The National Prosecuting Authority (NPA) has filed an application for leave to appeal a contempt of court ruling and the authorisation of a warrant of arrest against prosecutor Mkhuseli Ntaba in the high-profile extortion case involving taxi boss Joe Sibanyoni and three co-accused.
“The orders that the DPP seeks to appeal are, among others, the conviction of the prosecutor for contempt of court and the order authorising a warrant of arrest against him,” the NPA said in a statement on Friday.
“In terms of our legal system, the implication of the filing of the said application is that the orders are automatically suspended pending the hearing of the application for leave to appeal and its finalisation.”
The development follows Ntaba’s failure to appear at the Kwaggafontein Magistrate’s Court on Monday, 18 May, during bail proceedings involving Sibanyoni and his co-accused.
Sibanyoni and the co-accused, who face charges of extortion and money laundering, had their case struck off the roll, prompting the NPA to institute disciplinary action against Ntaba.
His suspension took effect pending disciplinary proceedings.
The accused allegedly operated a protection-fee extortion scheme in Mpumalanga, demanding more than R2 million from local businesspeople between 2022 and 2025.
The NPA has faced criticism over its swift disciplinary action against Ntaba, particularly after he allegedly informed the court beforehand that he would be unable to appear due to scheduling constraints.
NPA spokesperson Kaizer Kganyago said the Mpumalanga Director of Public Prosecutions (DPP) and National Director of Public Prosecutions (NDPP) Shamila Batohi had engaged on measures to reinstate the matter.
Kganyago said the NDPP had enlisted a legal team led by senior counsel to advise on the appropriate legal approach in terms of Section 342A(3)(c) of the Criminal Procedure Act 51 of 1977, under which the matter was struck off the roll.
He said the matter was being treated with urgency, adding that the NPA remained committed to serving “as the vanguard of members of the public in line with our constitutional obligation”.
Meanwhile, veteran journalist Mzilikazi wa Afrika alleged on Friday that an unnamed Member of Parliament (MP) had contacted the complainant and offered a “handsome reward” to withdraw the case against Sibanyoni.
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