The National Prosecuting Authority has instituted disciplinary action and suspended a prosecutor who was convicted of contempt of court after failing to appear for a bail hearing in a high-profile extortion case, leading to the matter being struck off the court roll.
The incident occurred on Monday, 18 May, at the Kwaggafontein Magistrates Court in Mpumalanga, where accused Joe “Ferrari” Sibanyoni and others were facing charges of extortion and money laundering. When the prosecutor failed to arrive for the continuation of the bail application, the magistrate struck the matter off the roll and authorised a warrant of arrest against the absent prosecutor.
The case can now only be reinstated with written authorisation from the director of public prosecutions for the Mpumalanga Division.
National director of public prosecutions Adv Andy Mothibi said he was shocked and dismayed by the turn of events and appealed to the public to exercise patience whilst the matter is dealt with internally through disciplinary action and externally with the South African Police Service.
“Whilst 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.
The DPP is engaging with the investigating officer to facilitate the re-enrolment of the case.
However, the Democratic Alliance has demanded answers from the NPA over what it described as yet another failure by the prosecuting authority.
DA spokesperson on justice and constitutional development Adv Glynnis Breytenbach said South Africans cannot be forced to endure record levels of crime whilst the NPA “flounders from one failure to the next”.
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“The NPA has to explain its prosecutor’s absence and the resulting miscarriage of justice to the people of South Africa,” Breytenbach said.
She noted that Sibanyoni, who is accused of serious charges, was able to walk out of court on Monday because of the NPA’s bungling of the high-profile case.
“The charges levelled against Sibanyoni are serious – many South Africans and their businesses are held hostage by extortionists and gangsters. Extortion plays a big part in the economic stagnation of communities in towns and cities,” the DA spokesperson said.
Breytenbach questioned why the NPA had offered attractive early retirement packages to its most experienced advocates, 47 of whom accepted and retired at the end of April.
“It makes no sense, and it demands an explanation,” she said.
The DA has consistently called for more efficient prosecution of crime, arguing that those who break the law, threaten citizens and extort businesses should face the full might of the law.
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