The magistrate struck the case from the court roll and issued a warrant of arrest for the prosecutor
Former national director of public prosecutions (NDPP) Shaun Abrahams. Picture: Gallo Images/ Fani Mahuntsi
The bail hearing for taxi boss Joe “Ferrari” Sibanyoni and his three co-accused in their ongoing extortion matter was set to continue at the Kwaggafontein Magistrate’s Court in Mpumalanga on Monday, 18 May 2026.
However, proceedings, which were due to commence at 9am, were delayed after the state prosecutor failed to appear.
As a result, Sibanyoni’s legal representative, former national director of public prosecutions (NDPP) Shaun Abrahams, indicated that he would be pursuing a contempt of court application against state advocate Mkhuseli Ntaba for failing to attend court.
Joe ‘Ferrari’ Sibanyoni extortion case struck off the roll
Abrahams described Ntaba’s conduct as unprofessional, noting that Mpumalanga Chief Magistrate Tule-tu Siphokazi Tonjeni had specifically instructed that the prosecutor be present in court on Monday, despite Ntaba’s attempts on Friday, 15 May, to indicate that he would be unavailable.
“As an officer of the court, the prosecutor had a duty to obey this court’s order; yet he chose the alternate route.
“My learned friend has been disrespectful to these pending judicial proceedings,” the former NDPP told the court on Monday.
This led to Tonjeni striking the case from the court roll and issuing a warrant of arrest for Ntaba.
“The conduct of Mr Ntaba has left my mind boggled.
“I saw him for the first time at the last appearance on Friday, and there was a point at which I indicated that he was being unprofessional, and today, sadly, we still have to sit with that. I gave a clear order,” she said.
The magistrate highlighted that although she was informed that Ntaba was in transit and had been held up due to paperwork, no specific time of arrival was communicated to the court.
“He would have been here by now if he had an interest to be here or to comply with the order that was made.
“Therefore, it would only be reasonable for this court to find him guilty in his absence from court and I would authorise a warrant for his arrest.”
She added that a complaint would be lodged with the Legal Practice Council (LPC) and the Director of Public Prosecutions (DPP) in Mpumalanga.
“I’m inclined to strike the matter off the roll.”
The ruling was met with loud celebrations inside the courtroom.
When asked about his reaction to the outcome, Sibanyoni said he had remained confident ahead of the proceedings, stating: “I was always positive about today’s matter.”
The case, however, can be re-enrolled at a later stage.
NPA reacts
The National Prosecuting Authority (NPA) has since decided to suspend Ntaba and initiate disciplinary action.
“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,” the NPA’s statement released on Monday afternoon reads.
The incumbent NDPP, Andy Mothibi, also expressed his concern over the developments.
“While this is disappointing, it is not a setback as we are within our right and authority to reinstate the case once there is compliance with the legal provisions governing matters removed from the court roll in this manner.
“There is no room for impunity as we remain resolute in our constitutional obligation to hold those accused of criminality accountable,” Mothibi said.
Charges
Sibanyoni, together with Bafana Oupa Sindane, Phillmon Makhaya Msiza and Mvimba Daniel Masilela, were charged with extortion as well as two counts of money laundering.
The state claims that over the period from 2022 to 2025, the trio allegedly forced a businessman in the Nkangala district to pay more than R2.2 million as a so-called protection fee.
It is also alleged that the victim was threatened with the shutdown of his business operations if he refused to comply.
The prosecution further alleges that the complainant made payments into accounts linked to the accused, after which the money was allegedly transferred through several banking channels in an effort to disguise its source.
The state had opposed bail for all accused because the alleged offences fall under Schedule 5 of the Criminal Procedure Act.
Three of the four accused were apprehended by law enforcement on 12 May, while Sindane, who had allegedly tried to evade arrest, later surrendered himself to police on Friday.
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