The National Prosecuting Authority (NPA) has suspended a prosecutor who was found in contempt of court at the Kwaggafontein Magistrate’s Court in Mpumalanga, following dramatic proceedings in the high-profile case against taxi boss Joe “Ferrari” Sibanyoni and three co-accused.
The matter was struck off the roll after the prosecutor failed to appear in court without explanation, leading to a warrant of arrest being issued against him.
NPA spokesperson Adv. Mthunzi Mhaga described the incident as “unprecedented” in the authority’s history since its establishment on 1 August 1998.
“It has never happened in the history of the National Prosecuting Authority that a prosecutor does not arrive in court without any explanation. He is then convicted of contempt of court and a warrant of arrest is issued against him,” Mhaga said.
The case against Sibanyoni, who faces serious charges including extortion and money laundering, was struck off the roll in terms of Section 342A of the Criminal Procedure Act. This means the matter can only be reinstated upon written authorisation of the Director of Public Prosecutions.
Mhaga confirmed that the Director of Public Prosecutions in Mpumalanga is ensuring the suspension takes effect and disciplinary action will follow.
“He is now a convicted person,” Mhaga noted, adding that the accused persons are currently free until the NPA complies with legal provisions for re-enrollment.
While acknowledging the disappointment, Mhaga quoted the National Director as saying the situation is not a setback, as the authority has the right to re-enroll the matter.
The NPA is now reviewing whether the magistrate’s invocation of Section 342A was legally sound, given that the first appearance was on 12 May and the matter was struck on 18 May.
“We are reflecting to see if we can really say there was unreasonable delay,” Mhaga said. “We have not closed that door whilst working tirelessly to ensure re-enrollment.”
Regarding security support for prosecutors handling dangerous cases, Mhaga explained that the NPA has a security and risk unit, but the National Director was not made aware of any security concerns in this instance.
Asked whether the prosecutor could be given the benefit of the doubt, Mhaga responded: “The benefit of the doubt can only be given where there is no conviction yet. We don’t have an explanation.”
The NPA confirmed that re-enrollment will require the DPP to assign prosecutors to study the docket, engage investigators, and prepare authorisation, after which law enforcement may either prepare warrants of arrest or serve summonses for the accused to appear within 14 days.