In the latest dramatic twist in the Joe “Ferrari” Sibanyoni extortion case, the director of public prosecutions in Mpumalanga has filed an application for leave to appeal against a series of orders issued earlier this week by chief magistrate Madam T Tonjeni.
National Prosecuting Authority spokesperson Kaizer Kganyago revealed this in a media statement issued on Friday.
The contested orders, handed down on May 18 by the Kwaggafontein Magistrate Court, include the conviction of a prosecutor for contempt of court, as well as the authorisation of a warrant for his arrest.
Orders ‘warrant judicial reconsideration’
The DPP now seeks to challenge these outcomes in a higher court, arguing that they warrant judicial reconsideration.
Kganyago said, in line with established legal principles, the filing of the application for leave to appeal has the immediate effect of suspending the enforcement of the magistrate’s orders.
He said this suspension will remain in place pending the hearing and finalisation of the appeal process, effectively halting any further action arising from the contested rulings for the time being.
DPP seeks written reasons
Alongside the application, the DPP has also formally requested written reasons from the court detailing the basis of the orders.
He said these reasons are expected to assist the prosecution authority in refining and, if necessary, supplementing the grounds upon which the appeal is based.
Kganyago said the request underscores the importance of a comprehensive record in ensuring that the appellate court is fully apprised of the reasoning behind the initial decision.
Strong legal team deployed
The matter has also drawn the attention of the National Director of Public Prosecutions (NDPP), Adv Andy Mothibi, who has, in consultation with the Mpumalanga DPP, taken steps to strengthen the legal response.
A legal team led by a reputable Senior Counsel has already been assembled to provide expert guidance on the complex legal issues at play.
Of particular concern is the magistrate’s order made in terms of Section 342A(3)(c) of the Criminal Procedure Act 51 of 1977, which resulted in the criminal case being struck off the court roll. This provision, which deals with unreasonable delays in the completion of criminal proceedings, allows a court to intervene where it determines that such delays prejudice the administration of justice. The NPA is now seeking detailed legal advice on the appropriate course of action in light of this development.
‘Timely response is critical’
The prosecuting authority has emphasised the urgency of the situation, expressing hope that the presiding magistrate will furnish the requested written reasons without delay. According to the NPA, a timely response is critical to ensuring that the appeal process proceeds efficiently and that the matter is resolved without undue postponement.
Advocate Mothibi reaffirmed the NPA’s commitment to upholding the rule of law and protecting the interests of the public. He stressed that the authority remains steadfast in its constitutional mandate to prosecute without fear, favour, or prejudice, particularly in matters that impact vulnerable communities.
The NPA will continue to act decisively within the bounds of the law, Mothibi indicated, noting that all steps being taken are aimed at safeguarding the integrity of the criminal justice system.
The extortion case against taxi tycoon and socialite Joe “Ferrari” Sibanyoni, 60, was struck off the roll this week when Sibanyoni appeared at Kwaggafontein Magistrates Court alongside his co-accused Bafana “King of the Sky” Sindane, a flamboyant figure known for his luxury lifestyle, flashy fashion, and love for expensive cars.
The other two co-accused in the matter, relating to an extortion case involving a mining mogul, are Phillmon Makhaya Msiza and Mvimba Daniel Masilela.
The magistrate ruled that the four men, accused of extorting a Mpumalanga mining mogul of R2.2-million, were free to go home after the prosecutor was a no-show.
The magistrate also ruled that the prosecutor was in contempt of court.
After the judgment, the four men danced and sang songs outside court surrounded by a large crowd of people.
After the singing and dancing, the four were whisked away by a convoy of cars while some of their security detail ran behind the convoy on foot.
- The Mpumalanga director of public prosecutions (DPP) has filed an application to appeal controversial court orders by Chief Magistrate T. Tonjeni in the Joe "Ferrari" Sibanyoni extortion case.
- Orders include a conviction of a prosecutor for contempt of court, authorization of his arrest, and striking off the criminal case from the court roll citing unreasonable delays under Section 342A(3)(c) of the Criminal Procedure Act.
- The appeal application suspends enforcement of these orders pending higher court review; the DPP has also requested detailed written reasons from the magistrate to support the appeal.
- A Senior Counsel-led legal team has been assembled by the National Prosecuting Authority (NPA) to address complex legal issues and guide the legal response.
- The NPA emphasizes commitment to the rule of law and orderly prosecution, while the accused—including Sibanyoni and co-accused—were freed and celebrated outside court after the prosecutor failed to appear.
In the latest dramatic twist in the Joe "Ferrari"
National
He said this suspension will remain in place pending the hearing and finalisation of the appeal process, effectively halting any further action arising from the contested rulings for the time being.
He said these reasons are expected to assist the prosecution authority in refining and, if necessary, supplementing the grounds upon which the appeal is based.
A legal team led by a reputable Senior Counsel has already been assembled to provide expert guidance on the complex legal issues at play.
Of particular concern is the magistrate’s order made in terms of Section 342A(3)(c) of the Criminal Procedure Act 51 of 1977, which resulted in the criminal case being struck off the court roll.
Advocate
After the judgment, the four men danced and sang songs outside court surrounded by a large crowd of people.
After the singing and dancing, the four were whisked away by a convoy of cars while some of their security detail ran behind the convoy on foot.
