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Joe Sibanyoni walks free after prosecutor fails to appear
In a remarkable courtroom reversal, the high-stakes financial crimes case against Mpumalanga transport magnate Joe “Ferrari” Sibanyoni and his three co-accused crumbled on Monday morning after the state prosecutor failed to appear for what was to be a crucial bail hearing at the Kwaggafontein Magistrate’s Court.
The prosecuting officer’s absence led the presiding magistrate to strike the matter from the court roll and in an extraordinary move issue an arrest warrant for the prosecutor himself.
The courtroom
The courtroom atmosphere grew increasingly tense as hours passed with no sign of state prosecutor Mkhuseli Ntaba, despite the matter having been scheduled to commence at 9 a.m. The accused, their extensive legal teams, and court staff all remained in limbo, waiting in vain for proceedings to begin.
Former National Director of Public Prosecutions Shaun Abrahams, now representing Sibanyoni, addressed the court in visibly agitated tones. He characterized the state’s non-appearance as “egregiously disrespectful of the authority of this honourable court” and promptly moved to have the charges dismissed in their entirety.
Chief Magistrate Tully Tonjeni issued a blistering condemnation from the bench before taking action.
“The conduct of Mr Ntaba has left my mind boggled,” the magistrate declared, noting that she had previously cautioned the prosecutor about professional conduct as recently as Friday. She confirmed the matter had been struck from the roll and ordered law enforcement to bring Ntaba before the court.
Tied to wider probe
Sibanyoni’s legal troubles extend beyond this single matter. His name has surfaced repeatedly during proceedings of the Madlanga Commission of Inquiry, which is investigating alleged links between organized crime networks, legitimate business interests, and elements within South African law enforcement.
During the commission’s hearings, investigators identified Sibanyoni as a significant figure in the so-called “Big Five” cartel; an alleged criminal enterprise accused of orchestrating taxi-related bloodshed, contract killings, illicit drug distribution, and cross-border vehicle hijackings throughout the Gauteng transport sector.
The commission also heard testimony regarding an alleged relationship between Sibanyoni and a now-suspended police sergeant who reportedly forwarded confidential law enforcement documents to him.
What is the NPA saying?
The National Prosecution Authority (NPA) has instituted action against the prosecutor convicted for contempt of court. In a statement, the NPA confirmed this.
“While this is disappointing, it is not a setback as we are within our right and authority to reinstate the case once there is compliance with the legal provisions governing matters removed from the court roll in this manner. There is no room for impunity as we remain resolute in our constitutional obligation to hold those accused of criminality accountable,” said adv Mothibi.
