Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused are attempting to stop the re-enrolment of their extortion and money laundering case through an urgent application at the High Court in Mbombela.

Sibanyoni, along with Oupa Johannes “Bafana” Sindane, Mvimbi Daniel Masilela and Philemon Makhaya Msiza, filed the urgent application on Wednesday, asking the court to set aside J50 warrants of arrest and suspend their planned surrender at Delmas police station.

The four men face charges of extortion and two counts of money laundering relating to allegations that they extorted more than R2.2-million in protection fees from a businessman operating in the mining industry within the Nkangala district between 2022 and 2025. The state alleges the funds were transferred into accounts linked to the accused and subsequently moved through various banking channels to obscure their origin.

The case has been marred by controversy since it was struck off the court roll on 18 May by Kwaggafontein Magistrate’s Court chief magistrate Tuletu Tonjeni after state prosecutor Mkhuseli Ntaba failed to show up for a bail hearing.

According to National Director of Public Prosecutions Andy Mothibi, Ntaba received death threats whilst driving to court on 18 May, warning him he would be killed if he proceeded with the hearing. The prosecutor turned back and did not appear in court, prompting Tonjeni to strike the matter off the roll, convict Ntaba for contempt of court and authorise a warrant for his arrest.

The National Prosecuting Authority (NPA) announced yesterday that it was re-enrolling the case at the Delmas Magistrate’s Court, with proceedings expected to take place on 28 May.

However, eNCA reports that Sibanyoni and Sindane criticised the NPA for not giving them time to make representations before re-enrolling the case. Their urgent High Court application argues that the Delmas Magistrate’s Court lacks jurisdiction to issue arrest warrants for offences allegedly committed within the Thembisile Hani sub-district, which they contend falls under the jurisdiction of the Kwaggafontein Magistrate’s Court.

The defence maintains that the warrants were obtained irregularly and are unconstitutional, and they are seeking to have them suspended and ultimately cancelled.

The NPA has since suspended Ntaba and filed for leave to appeal against the magistrate’s contempt of court ruling and the authorisation of the warrant for the prosecutor’s arrest.

They have also filed a formal complaint with the Magistrates Commission against Tonjeni, stating she misapplied the law in her handling of the proceedings. The NPA holds the firm view that the conduct reflected in the proceedings raises serious institutional concerns relating to judicial decorum, procedural fairness and the proper administration of justice.

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