NPA to reinstate case against Joe ‘Ferrari’ Sibanyoni after court setback

The case, heard in the Kwaggafontein Magistrate’s Court, was removed from the court roll on Monday after a prosecutor failed to appear.

This prompted the court to issue a warrant of arrest for the official on charges of contempt of court.

NPA spokesperson Kaizer Kganyago told SABC News the prosecuting authority is now awaiting a full report from its Mpumalanga office, while taking steps to ensure the matter is brought back before court.

"At the moment we are awaiting a full report from the province, but in the meantime, we have communicated with the Director of Public Prosecutions to give us that report, and also to look at reinstating this matter."

He stressed the seriousness of the situation, adding that the case must proceed to uncover what led to the prosecutor’s absence.

"It is very important that this matter gets reinstated because we need to get to the very bottom of what happened with this prosecutor. At the time we issued a statement, we were not in possession of any information or explanation, and therefore we couldn’t act swiftly or suspend him pending an internal investigation."

Kganyago confirmed that instructions have already been issued by the National Director of Public Prosecutions to revive the case through the proper legal channels.

"One of the instructions that the National Director has given to the prosecuting authority in Mpumalanga is to reinstate the case. The only way it can be reinstated is with a written consent of the Director of Public Prosecutions through the court, and that instruction has been carried out. The matter will be reinstated."

He added that the NPA will also conduct an internal probe into the incident, describing it as unprecedented.

"We will be looking at what really happened because we do not want to pre-empt the reasons that may be put forward. But we will do an internal investigation and make sure that we get to the bottom of this. Something like this has never happened before in the NPA, and therefore we take it very seriously."

The case involves Sibanyoni and three co-accused, who were arrested following an organised crime investigation linked to alleged extortion activities.

Despite the court setback, South African Police Service (SAPS) in Mpumalanga maintains that the case against the accused remains strong.

Police spokesperson Mavela Masondo said investigators had completed their work and were present in court on the day the matter was struck off the roll.

“Strong evidence against the suspects remains intact,” Masondo said, adding that the investigating team had arrived at court early Monday morning and that any claims to the contrary were false.

The police have also confirmed ongoing engagement with the NPA to ensure the case proceeds.

Meanwhile, National Director of Public Prosecutions (NDPP) Advocate Andy Mothibi has expressed shock and concern over the incident, urging the public to remain patient while internal processes unfold.

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