Joe Sibanyoni in the magistrate's court in Kwaggafontein.
Image: Supplied
The National Prosecuting Authority (NPA) has launched an urgent legal challenge to block the arrest and conviction of one of its prosecutors who was found guilty of contempt of court in the Kwaggafontein Magistrate's Court.
This comes after prosecutor Mkhuseli Ntaba failed to appear in court for the extortion and money laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni.
The case, involving Sibanyoni, businessman Bafana “King of Sky” Sindane and two co-accused, was struck off the court roll on Monday following Ntaba's absence.
In a statement on Friday, the NPA said the Director of Public Prosecutions (DPP) for the Mpumalanga Division formally filed an application for leave to appeal the severe sanctions imposed by the Magistrate.
The Magistrate convicted prosecutor Ntaba for contempt of court and subsequently authorised a warrant for his arrest.
However, NPA's application effectively freezes the situation, automatically suspending both the contempt conviction and the execution of the arrest warrant until the application for leave to appeal can be formally heard and finalised in court.
The NPA said the DPP has additionally filed a formal request demanding written reasons for the magistrate's orders as the prosecuting authority intends to use those judicial explanations to supplement and strengthen their grounds for appeal if required.
The prosecuting authority further added that the National Director of Public Prosecutions Advocate Andy Mothibi has stepped in, consulting extensively with the regional DPP and securing an external legal team led by a reputable Senior Counsel.
This elite legal team has been tasked with formulating a sound approach to challenge the striking of the criminal case off the roll and to defend the state's provincial interests.
Meanwhile, the NPA said it was hopeful that the Kwaggafontein Magistrate's Court will expedite its written reasons due to the high-stakes urgency of an endangered prosecutor.
In the meantime, the NPA is preparing to re-enroll the extortion and money laundering case against Sibanyoni and his co-accused.
Interview with eNCA on Tuesday, NPA spokesperson Kaiser Kganyago said, “We will re-enroll the matter and the NDPP has already talked to the team in Mpumalanga to facilitate all the processes”.
“They are outside on technicalities. They are not out on the merits of their case,” Kganyago said at the time.
The four accused face allegations of extorting more than R2 million in so-called protection fees from a local mining entrepreneur. These claims have intensified scrutiny on alleged criminal networks operating within parts of the taxi industry.
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