The Mpumalanga High Court sitting in Middelburg has overturned a contempt-of-court conviction and arrest warrant issued against state prosecutor Mkhuseli Ntaba.
The court found that there was no proper legal basis for Ntaba to be convicted in his absence. Judge Kganki Frans Phahlamohlaka delivered the ruling on October 1.
In the matter which dates back to May, when Ntaba failed to appear at the Kwaggafontein Magistrate’s Court during a high-profile bail application involving alleged taxi boss Madoda Johannes ‘Joe Ferrari’ Sibanyoni and three other co-accused.
The four men face charges including extortion and money laundering involving more than R2.2 million.
Ntaba had requested a postponement, saying he had prior commitments. He had also received serious death threats warning that he would be killed if he attended court.
The postponement was refused by the then, chief magistrate, Tuletu Tonjeni.
Ntaba was subsequently found guilty of contempt of court in his absence, and a warrant was issued for his arrest.
The High Court in Middelburg has now found that the magistrate did not have the legal authority to summarily convict Ntaba in the circumstances. It was also found that there was insufficient evidence that Ntaba had wilfully disobeyed a direct court order.
Although the court regarded his late arrival as a problem, it found that this alone, did not prove that it was a deliberate act of disobedience.
Concerns were also raised about how the original proceedings were handled, including comments made by the former magistrate about the advocate.
The National Prosecuting Authority (NPA) said the judgment from the Middelburg High Court showed that ‘decisions it believes are legally incorrect’, can be challenged.
“This protects the integrity of the criminal justice system,” said Kaizer Kganyago, NPA spokesperson.
The original criminal case was struck off the roll after Ntaba failed to appear, but was re-enrolled at the Delmas Magistrate’s Court.
Sibanyoni and his co-accused have since been granted R70 000 bail each by the Middelburg court, and the criminal case continues.
Former chief magistrate, Tonjeni ‘retired’ in May, but is being investigated by the Magistrates Commission over her conduct during the proceedings, as well as the ‘inappropriate’ comments she made towards Ntaba.
