By Lehlohonolo Lehana.
The Mpumalanga Director of Public Prosecutions (MDPP) has filed an application for leave to appeal the orders granted in the extortion case involving taxi boss Joe “Ferrari” Sibanyoni.
Sibanyoni and his co-accused, Mvimbi Masilela, Philemon Msiza and Bafana Sindane have, for now, been let off on charges related to the 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 Chief Magistrate Tuletu Tonjeni 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 (NPA) said Ntaba had been suspended and would face disciplinary charges.
Sibanyoni’s name has repeatedly surfaced at the Madlanga Commission of Inquiry, 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.
The orders the DPP seeks to appeal are, among others, the conviction of the prosecutor for contempt of court and the order authorising a warrant of arrest against him.
In a statement on Friday, the NPA said the Director of Public Prosecutions (DPP) for the Mpumalanga Division formally filed an application for leave to appeal the severe sanctions imposed by the Chief Magistrate.
The NPA said the DPP has additionally filed a formal request demanding written reasons for the magistrate’s orders as the prosecuting authority intends to use those judicial explanations to supplement and strengthen their grounds for appeal if required.
The prosecuting authority further added that the National Director of Public Prosecutions Advocate Andy Mothibi has stepped in, consulting extensively with the regional DPP and securing an external legal team led by a reputable Senior Counsel.
This elite legal team has been tasked with formulating a sound approach to challenge the striking of the criminal case off the roll and to defend the state’s provincial interests.
NPA’s application effectively freezes the situation, automatically suspending both the contempt conviction and the execution of the arrest warrant until the application for leave to appeal can be formally heard and finalised in court.
It has also emerged that a member of parliament, known to Fullview phoned the complainant on Tuesday evening and persuaded him to drop the case as NPA is preparing to reinstate it.
The MP allegedly promised the complainant a handsome reward.
Meanwhile former Police Special Task Force officer Matipandile Sotheni’s case has been postponed to 1 June for a bail decision. He’s facing 16 charges linked to December 2025 murder of whistleblower Marius van der Merwe, also known as Witness D.