The justice system failed me - complainant in Joe ‘Ferrari’ Sibanyoni case

The complainant in the extortion case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni says he is disappointed the court struck the case off the roll and feels he has been failed by the justice system.

The businessman, whose name is known to Sowetan, said after the court removed the case against Sibanyoni, Mvimbi Masilela, Philemon Msiza and Bafana Oupa Sindane he consulted with his legal team who informed him that the matter would be placed on the roll again.

“I am very disappointed [with how the matter was treated]. I feel like they have failed me [the justice system], I am not happy at all,” he said, adding that such judgments are the reason people are reluctant to report wrongdoings.

Magistrate Tuletu Tonjeni found senior prosecutor Mkhuseli Ntaba in contempt of court after he failed to show up for the accused’s continuation of bail.

She also struck the extortion case against Sibanyoni and his co-accused off the court roll.

Sibanyoni and his co-accused are accused of extorting R2.2m from the businessman, who was engaged in the mining industry from 2022 till 2025.

Ntaba on Friday informed Tonjeni that he would not be able to show up on Monday and asked for a new date for the matter to be head.

However, Tonjeni rejected his plea and instructed him to be in court at 9am on Monday.

But he did not show up. No one from the National Prosecuting Authority (NPA) was in court.

Former NPA boss and now Sibanyoni’s lawyer Shaun Abrahams applied for the matter to be removed from the court roll and for Ntaba to be found in contempt of court.

The lawyers for the other accused also joined the application.

Tonjeni then ruled in their favour.

“I will authorise his warrant of arrest, also the court will report his conduct to the LPC (Legal Practice Council) and his seniors at the NPA,” she said, adding she was striking the matter off the roll.

“I think this is a classic case of undue delay of proceedings and I am inclined therefore as I do now to strike the matter off the roll in terms of section 342A sub section 3C.”

When the court adjourned after her judgment, there were cheers from the public gallery.

The court last week heard that Tonjeni asked for the matter to be heard by her after the acting head of the Kwaggafontein magistrate’s court refused to preside over the matter.

Law expert Dr Llewelyn Curlewis said judgments of this nature were rare but the magistrate showed fairness to all parties “The law is there for anyone to adhere to. The prosecutor is not above the law and it is in the interest of justice that bail applications be heard on an urgent basis.”

Curlewis said Ntaba will now have to explain why he failed to show up and if he has a good reason he will be acquitted.

In terms of what will happen to the case, Curlewis said the accused were not acquitted and the state can still prosecute them in future.

NPA special director Adv Mthunzi Mhaga said Ntaba has been suspended pending a disciplinary hearing.

“While the magistrate is within his or her prerogative to invoke the relevant section of the Criminal Procedure Act, we will reflect on the order and determine if it is the best legally available mechanism to deal with the matter,” he said

Mhanga said NDPP head Adv Andy Mothibi has expressed his shock and dismay at this turn of events and appealed to the public to exercise patience while “we deal with the matter internally through appropriate disciplinary action and externally with the South African Police Service (SAPS)”.

He said they are engaging with the investigating officer with a view to facilitating the re-enrolment of the case.

Mpumalanga police spokesperson Col Mavela Masondo maintained that they have a strong case against Sibanyoni and his co-accused despite the matter being struck off the roll.

“The organised crime investigation unit’s was conducted, hence all four suspects were arrested and the case was initially enrolled, then the bail application process initiated,” he said.

“Strong evidence against the suspects with regard to the matter remains intact.”

Sowetan