Questions are mounting over the competence of the National Prosecuting Authority after a state prosecutor in the Joe “Ferrari” Sibanyoni extortion case failed to pitch for court proceedings and then became unreachable.
Image: Screenshot/TikTok
The National Prosecuting Authority (NPA) is facing growing pressure after a prosecutor handling the high-profile extortion case involving taxi boss Joe “Ferrari” Sibanyoni failed to appear in court and later became unreachable.
The dramatic no-show forced the Kwaggafontein Magistrates Court in Mpumalanga to strike the matter off the roll on Monday, bringing proceedings against Sibanyoni, businessman and taxi owner Bafana Sindane, and two co-accused to a sudden halt.
Chief Magistrate Tule Tu Tonjeni reacted sharply in court, finding the prosecutor in contempt and issuing a warrant for his arrest.
Tonjeni also indicated that the matter would be escalated to the Office of the National Director of Public Prosecutions (NDPP).
The four accused are facing one count of extortion and two counts of money laundering.
The charges stem from allegations by a Mpumalanga businessman who claims he was forced to pay R2 million over three years as a “protection fee”.
The case was expected to continue with a bail application before the State’s shocking absence disrupted proceedings.
The NPA later confirmed that disciplinary action had already been taken against the prosecutor before Monday’s court appearance.
He has now been suspended pending an internal investigation.
However, the situation has become more serious after the authority admitted it has been unable to contact him.
NPA Director of Public Prosecutions Mthunzi Mhaga said the authority currently has no explanation for the prosecutor’s disappearance.
“We are unable to even think or speculate on what could have happened in the circumstances where there is no explanation that has been forthcoming,” said Mhaga.
The unexpected collapse of the case has raised fresh concerns about the handling of sensitive prosecutions and the impact such disruptions have on the justice system.
Despite the setback, the NPA says it is working to re-enroll the matter through the Office of the Director of Public Prosecutions in Mpumalanga.
Legal experts say the case being struck off the roll does not mean the accused has been cleared.
Speaking to IOL, legal practitioner Lwando Mufune, explained that courts cannot continue with criminal proceedings if the State prosecutor is absent.
“A matter may be removed if the party who initiated the case, or their legal representative, fails to appear when the case is called,” she said.
She stressed that a case being struck off the roll is not the same as an acquittal because no ruling is made on guilt or innocence.
Mufune added that the Constitution guarantees accused persons the right to a trial within a reasonable time, placing responsibility on the NPA to ensure prosecutors are present and ready to proceed.
Meanwhile, the Minister of the Department of Justice and Constitutional Development, Mmamoloko Kubayi, welcomed the swift action taken to suspend the prosecutor pending the institution of appropriate disciplinary action by the prosecuting authority.
However, Kubayi expressed disappointment and regret in the manner the events turned out at the Kwaggafontein Magistrate Court.
“It is in the interest of justice that the accused persons are given an opportunity to respond to the charges brought against them in the court of law.
“Technical lapses of this nature, especially by state institutions, must be avoided so that the public does not lose confidence in our justice system,” she said.
Kubayi called on the NPA to put in place systems and processes in place to ensure that such incidents do not happen again in the future.
IOL News