The National Prosecuting Authority (NPA) has initiated disciplinary proceedings against a prosecutor who was convicted of contempt of court after failing to appear in the Kwaggafontein Magistrates Court in Mpumalanga on Monday, resulting in the case being struck off the roll.
The NPA said the prosecutor has also been suspended pending the outcome of the internal disciplinary process.
The matter relates to the extortion case against taxi kingpin Joe ‘Ferrari’ Sibanyoni and other three accused.
Sibanyoni, Bafana Sindane, Mvimbi Daniel Masilela, and Philemon Msiza face charges of money laundering and extortion.
It is alleged that the group extorted more than R2 million in ‘protection fees’ from a mining businessman between 2022 and 2025.
According to the NPA, the prosecutor’s absence on the scheduled court date led to the collapse of a bail application continuation, forcing the court to strike the matter from the roll and authorise a warrant of arrest against the prosecutor.
“The said prosecutor failed to arrive in court for the continuation of the bail application, and that resulted in the matter being struck off the court roll and a warrant of arrest was authorised against him,” the NPA said.
The authority further explained that the case cannot simply resume without proper legal steps being followed. It said the matter would now require formal intervention before it can proceed again.
“The implications of this turn of events mean that it can only be reinstated upon a written authorisation by the Director of Public Prosecutions, Mpumalanga Division,” the NPA said.
While acknowledging that magistrates have discretion in how such matters are handled, the NPA said it would review the court’s decision and determine whether it is the most appropriate legal mechanism in the circumstances.
“The magistrate is within his or her prerogative to invoke the relevant section of the Criminal Procedure Act, while we will reflect on the order and determine if it is the best legally available mechanism to deal with the matter,” the NPA said.
National Director of Public Prosecutions (NDPP), Adv. Andy Mothibi, expressed concern over the incident, describing it as both serious and regrettable.
“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,” said Mothibi.
Meanwhile, the Director of Public Prosecutions in Mpumalanga is currently engaging with the investigating officer to facilitate the re-enrolment of the matter.
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