Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused Bafana Sindane have filed an urgent application to interdict the re-enrolment of the extortion case against them.
Sibanyoni, Sindane, Mvimbi Masilela and Philemon Msiza were arrested earlier this month and charged with extortion and money laundering.
The matter was struck off the court roll after the prosecutor Adv Mkhuseli Ntaba failed to show up during bail application.
On Wednesday the National Prosecuting Authority (NPA) announced that the matter would be re-enrolled on Thursday at Delmas magistrate’s court.
In the application which Sowetan has seen, the applicants want the court to interdict the police from executing the J50 warrant of arrest against them.
“The applicants will suffer irreparable harm if the warrants are executed, including but not limited to unlawful deprivation of liberty; the indignity and trauma of arrest; further reputational damage (additional to that already caused by the NPA’s media strategy); and the undermining of the applicants’ constitutional rights,” the application reads.
“This harm cannot be remedied by an award of damages.
“There is no alternative remedy available to the applicants that would be adequate in the circumstances. The immediacy of the threatened arrest necessitates the intervention of this honourable court on an urgent basis.”
The applicants further argue that the alleged offences fall under the Kwaggafontein magistrate’s court and not Delmas.
“The magistrate at Delmas had no authority, power or jurisdiction to issue warrant of arrests in respect of offences committed within the Thembisile Hani sub-district.”
Sowetan understands that the application will be heard at the Mbombela high court.
However, NPA spokesperson Kaizer Kganyago said: “As far as we are concerned, they [accused] have to be here [Delmas]. This is not an interdict yet. They’ve just served us with the papers.”
Kganyago said the urgent application will be heard on June 2.
This is a developing story.
Sowetan
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.