Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused have withdrawn their urgent high court application to block the re-enrolment of the extortion case against them.
The National Prosecuting Authority (NPA) confirmed that the Director of Public Prosecutions (DPP) for the Mpumalanga division received a notice of withdrawal on Friday.
On Wednesday, Sibanyoni and Oupa Johannes “Bafana” Sindane filed an urgent application at the Mbombela high court. They sought to interdict the execution of a J50 warrant of arrest against them, which was scheduled to be heard on Thursday at the Delmas magistrate’s court. In their application, they argued that they would suffer irreparable harm if the warrants were executed.
Sibanyoni and his co-accused were initially arrested in May and charged with extortion and money-laundering. Sibanyoni, Sindane, Mvimbi Masilela and Philemon Msiza face these charges after allegedly forcing Mpumalanga mining entrepreneur Tengani Ntuli, the director of Tengane Mining, to pay more than R2.2m in “protection fees” between 2022 and 2025.
The matter was previously struck off the court roll after the prosecutor, Adv Mkhuseli Ntaba, failed to show up during the bail application. When prosecutors subsequently decided to re-enrol the case, the accused tried to challenge the decision. It was due to be heard on Tuesday, June 2, at the Mbombela high court.
NPA spokesperson Kaizer Kganyago confirmed the development, stating, “Their filing of the notice of withdrawal brings the application to an end, effectively allowing the re-enrolment of the criminal case and the execution of the warrants of arrest.”
The NPA also noted that the Magistrates Commission has confirmed it is investigating a formal complaint filed by the DPP against chief magistrate Tuletu Tonjeni.
“We are awaiting written reasons from chief magistrate Tonjeni, as well as a date for the hearing of the application for leave to appeal that we filed,” the NPA said.
The National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, said the authority will use “every legally permissible avenue to resist any litigation that seeks to militate against the upholding of the rule of law and holding those accused of criminality accountable”.
TimesLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.