The High Court in Middelburg, Mpumalanga, has frozen the assets of taxi boss Joe Sibanyoni and five co-defendants under a provisional restraint order.

The court appointed an independent curator to take control of their property under the Prevention of Organised Crime Act (POCA).

The National Director of Public Prosecutions (NDPP) brought the ex parte legal application through senior state advocate Elia Machethe of the Asset Forfeiture Unit (AFU) in Mpumalanga.

Taxi mogul faces serious charges

Sibanyoni, often nicknamed “Ferrari”, is a prominent South African transport and taxi mogul based in Mpumalanga. He previously served as president of the South African Local and Long Distance Taxi and Bus Organisation (SALLDTA).

Sibanyoni and several co-accused face criminal charges including extortion, intimidation, corruption and money laundering. State prosecutors allege that they led a syndicate that extorted millions of rands in “protection fees” from mining operators, infrastructure contractors and local businesses in Mpumalanga.

He testified before the Madlanga Commission of Inquiry, where he denied allegations of employing hitmen (izinkabi), having corrupt police ties or involvement in a criminal cartel.

Court prohibits transfer of assets

On 28 September, acting judge Schutte granted a provisional restraint order in terms of Section 26 of POCA against six cited parties: Sibanyoni, MJS and Sons Transport CC (also cited as MJ and Sons (Pty) Ltd), Philimon Makhaya Msiza, Mvimbi Daniel Masilela, Oupa Jossiah Sindane and Rose Tshabako Sibanyoni.

The provisional order stops Sibanyoni and the other defendants from selling, transferring, donating, alienating, leasing, encumbering or dissipating any realisable assets, held directly or indirectly.

While immovable properties remain temporarily in the respondents’ custody for preservation, they must immediately surrender any rental proceeds into an applicant-nominated account. The court also instructed the Registrar of Deeds to endorse the title deeds of the affected properties to prohibit mortgage, sale or attachment in execution.

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Curator takes control of estate

The court appointed Richard Masoanyane, director and liquidator at Bombani Liquidators & Trustees CC, as the curator to secure active oversight of the estate.

The curator must take custody and control of all defendant property situated within South Africa or abroad.

The court issued a rule nisi returnable on 20 November, where the defendants must show cause why the provisional restraint order should not be confirmed pending criminal trial and confiscation proceedings.

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