Prosecutor faces arrest after taxi boss Joe ‘Ferrari’ Sibanyoni escapes extortion charges

Taxi boss Joe “Ferrari” Sibanyoni and his co-accused, Mvimbi Masilela, Philemon Msiza and Bafana Sindane have, for now, been let off on charges related to the alleged R2-million extortion of “protection fees” from a mining businessman between 2022 and 2025.

State prosecutor Mkhuseli Ntaba failed to appear in the Kwaggafontein Magistrates’ Court on Monday, leading the magistrate to strike the case from the court roll and order Ntaba to face contempt of court charges, issuing a warrant for his arrest.

The National Prosecuting Authority said Ntaba had been suspended and would face disciplinary charges.

Sibanyoni’s name has repeatedly surfaced at the Madlanga Commission, which is probing allegations of criminal infiltration into policing, political and judicial arenas. He has been linked to alleged members of the “Big Five” cartel and survived an assassination attempt in 2022. Vusimuzi “Cat” Matlala currently faces charges for his alleged attempted murder.

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During a court hearing on Friday, defence advocate Shaun Abrahams argued that the State’s case was “weak to non-existent” and maintained that the relationship between Sibanyoni and the complainant was based on legitimate business dealings rather than extortion.

Abrahams also opposed the State’s request for a postponement, questioning why arrests had been made if investigations were still incomplete.

The defence had pushed to finalise bail proceedings before the weekend to avoid the accused spending additional time in custody, but the matter was ultimately postponed to Monday, 18 May.

Abrahams criticised the delay, describing it as unprofessional and arguing that the prolonged postponements infringed on the accused’s constitutional right to a fair trial and the presumption of innocence.

On Monday, Magistrate Tuletu Tonjeni said the court had been informed that Ntaba was in transit and delayed by paperwork, but no estimated time of arrival had been provided.

“He would have been here by now if he had an interest to be here or to comply with the order that was made,” said Tonjeni.

“Therefore, it would only be reasonable for this court to find him guilty in his absence from court, and I would authorise a warrant for his arrest,” the magistrate said before striking the matter off the roll.

Fourth accused

Sibanyoni, Masilela and Msiza were arrested by the Special Task Force in Pretoria on Tuesday, 12 May. The fourth accused, the reputed multimillionaire taxi boss, Sindane, handed himself over to police on Friday ahead of the group’s second appearance in the Kwaggafontein Magistrates’ Court.

Sindane, who is also known in taxi circles as “King of the Sky” and is regarded as a close associate of Sibanyoni, faces the same charges of extortion and money laundering.

While the complainant has not been named in court, Sunday Times reported that his company is engaged in the extraction and exploration sectors, and bids for public project works, infrastructure development and municipal tenders.

While police previously alleged that Sindane attempted to evade arrest, his lawyer, Mphoke Patrick Magane, denied the claim, saying his client had cooperated with authorities and “had never been at large”.

NPA, SAPS still confident

Despite the collapse of proceedings, the NPA said the matter could still be reinstated with written authorisation from the Director of Public Prosecutions in Mpumalanga.

In a statement released on Monday on behalf of NPA boss Andy Mothibi, advocate Mthunzi Mhaga confirmed that Ntaba would be suspended pending disciplinary proceedings.

“The prosecutor will be suspended pending the institution of appropriate disciplinary action,” said Mhaga.

Mothibi said: “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.”

Prosecutor suspension praised

Minister of Justice and Constitutional Development Mmamoloko Kubayi welcomed the suspension of the prosecutor pending appropriate disciplinary action by the National Prosecuting Authority.

Kubayi expressed disappointment and regret at the events.

“It is in the interest of justice that the accused persons are given an opportunity to respond to the charges brought against them… Technical lapses of this nature, especially by state institutions, must be avoided so that the public does not lose confidence in our justice system,” she said.

The Minister implored the NPA to put in place systems and processes to ensure that such incidents did not occur again.

In a separate statement, SAPS spokesperson Colonel Mavela Masondo denied reports that investigating officers had failed to appear in court.

“The investigating team arrived in court at 08.45 this morning,” said Masondo.

Police further maintained that the organised crime investigation against the four accused remained strong despite the matter being struck from the roll.

ActionSA MP Dereleen James criticised the NPA’s handling of the matter, saying authorities failed to make alternative arrangements despite the prosecutor reportedly indicating on Friday that he would not be available for Monday’s proceedings.

“These failures create the perception of dysfunction at best, and possible interference at worst,” James said in a statement.

“South Africans cannot continue to witness specialised police task teams making high-profile arrests, only for prosecutions to collapse because of avoidable failures within the justice system.”

‘Weak systems, weak prosecutions’

Dr Suhayfa Bhamjee, senior lecturer in criminal law at the University of KwaZulu-Natal, said the decision to strike the matter from the roll could have significant consequences for the prosecution.

“They walk free. The State now has to effectively start again,” Bhamjee told Daily Maverick.

She argued that alternative remedies may have been more appropriate under the circumstances, including postponing the matter, rather than removing the case entirely from the roll.

Bhamjee was also critical of the NPA, saying criminal justice failures were often rooted in broader systemic weaknesses rather than isolated mistakes by individuals.

“Weak systems produce weak prosecutions – even where individuals are dedicated and experienced,” she said.

She said courts had to balance the rights of accused persons with the broader interests of justice and public confidence in the legal system. DM