Prosecutor in Sibanyoni extortion case to return to work after suspension lifted

Prosecutor in Sibanyoni extortion case to return to work after suspension lifted

The suspension letter against the prosecutor in the Joe ‘Ferrari’ Sibanyoni extortion case has been withdrawn.

Andy Mothibi
National Director of Public Prosecutions Advocate Andy Mothibi/NPA

Advocate Mkhuseli Ntaba was suspended after he failed to pitch for proceedings in the Kgwaggafontien Magistrates Court last month, where Sibanyoni and his co-accused Daniel Masilela, Philemon Msiza, and Bafana Sindane had applied for bail.

“The decision to withdraw the suspension letter is based on the verified version of Ntaba relating to his safety and by the OEA’s view that Ntaba has cooperated with them and that there is no likelihood that he will interfere with the outstanding investigations,” the National Prosecuting Authority (NPA) said in a statement, after receiving an interim report from its Office for Ethics and Accountability.

“Upon consideration of the interim report, the National Director of Public Prosecutions Adv Andy Mothibi, in consultation with the Director of Public Prosecutions in Mpumalanga Adv Sonja Ntuli, directed that the letter of suspension in respect of Adv Ntaba be withdrawn and that he be allowed to return to work,” confirmed NPA spokesperson Kaizer Kganyago.

He said the report noted that there were outstanding investigations that were yet to be conducted before the report was completed.

READ: Magistrate Tonjeni retires after controversial Sibanyoni ruling

Meanwhile, Mothibi said he asked the OEA to consider including recommendations regarding measures to be put in place to further improve the provision of security to prosecutors and other staff in its final report.

“I have further implored them to consider further recommendations regarding adequate quality assurance measures to be put in place to avoid recurrence of this unprecedented situation anywhere in the NPA”.

Sibanyoni and his co-accused face charges linked to allegations that they demanded more than R2.2 million in protection fees from a local businessman between 2022 and 2025.

The men were granted R70 000 bail following their appearance before the Delmas court last week, after the NPA successfully re-enrolled the case.

APPEALING CONTEMPT OF COURT ORDER

Chief Magistrate Tuletu Tonjeni issued a contempt of court order against Ntaba, along with a warrant for his arrest.

After indicating its intention to appeal the order, the NPA said its legal team received written reasons that were requested from Chief Magistrate Tonjeni.

“We are awaiting date of the hearing of the leave to appeal from the Clerk of the Kwaggafontein Magistrates Court,” Kganyago added.

“The state attorney also wrote to the attorneys representing accused numbers 1 and 5, demanding that they tender costs for the withdrawal of the urgent application for an interdict against the execution of the J50 warrants of arrest in line with the Uniform Rules of Court.”

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