By Lehlohonolo Lehana.
Photo Credit: Oupa Mokoena.
The extortion case of taxi boss Joe Sibanyoni has been struck from the court roll, and a warrant has been issued for the arrest of prosecutor Mkhuseli Ntaba, who was nowhere to be seen in court on Monday, 18 May 2026.
The Kwaggafontein Magistrate’s Court was left waiting for hours, despite a strict judicial order that the extortion case resume at 09:00.
Sibanyoni and three co-accused – Bafana Sindane, Mvimbi Masilela, and Philemon Msiza – appeared in court.
Sibanyoni, who is known to control a fleet of more than 300 taxis in Mpumalanga, has previously been linked to allegations and investigations involving taxi-related violence.
The businessman at the centre of the case laid an extortion complaint amounting to R2 million, triggering a formal investigation.
Despite the allegations, Sibanyoni has denied any wrongdoing.
His lawyer, former National Director of Public Prosecutions (NDPP) boss Shaun Abrahams, asked the chief magistrate to find the state prospector in contempt of court.
Abrahams argued in court to remove the matter off the roll and the accused be granted bail. He said his conduct amounts to defeating the ends of justice.
“Your Worship has the discretion to determine what is before the court… Equally so, the state’s remiss, the state’s disinterest; we submit it would be appropriate for Your Worship to strike this matter from the court’s roll,” he said.
Abrahams also requested that the prosecutor’s conduct be referred to the Legal Practice Council and the National Director of Public Prosecutions for possible disciplinary action.
The chief magistrate said, “The conduct of Mr Ntaba has left my mind boggled. I saw him for the first time at his last appearance on Friday, and at one point, I indicated that he was being unprofessional.
“Today, sadly, we still have to sit with that. I gave a clear order, addressing him directly. That it is the court’s order Mr Ntaba, that you attend court at 9 am. He is not here,” the magistrate said.
She said the control prosecutor did receive a call from Ntaba before 9 am, stating he was in transit and was held up by paperwork.
“No time, or approximate time for his arrival was given. No matter which corner he came from within the province, he would have been here by now if he had an interest in being here or complied with the order to be made. Therefore, it is only reasonable for this court to find him guilty, in his absence, of contempt of court. I will authorise the warrant for his arrest.”
The chief magistrate ordered that the matter be struck off the roll and indicating that the conduct of the prosecutor would be referred to the Office of the National Director of Public Prosecutions.
After the judgment, the four men danced and sang songs outside court surrounded by a large crowd of people.
Sibanyoni has surfaced multiple times in proceedings at the Madlanga Commission of Inquiry, which is probing links between organised crime figures, business interests and elements within law enforcement.
At the commission, testimony has linked Sibanyoni to individuals alleged to be part of a broader criminal underworld.
Among them is Vusimuzi “Cat” Matlala, as well as the late taxi boss Jotham Zanemvula “Mswazi” Msibi, who was implicated as a key leader of the “Big Five” or “The Firm”. Sibanyoni has distanced himself from the alleged organised crime network.
Meanwhile the National Prosecuting Authority (NPA) immediately after the ruling, it issued a statement saying the prosecutor has been suspended pending the outcome of the internal disciplinary process.
According to the NPA, the prosecutor’s absence on the scheduled court date led to the collapse of a bail application continuation, forcing the court to strike the matter from the roll and authorise a warrant of arrest against the prosecutor.
“The said prosecutor failed to arrive in court for the continuation of the bail application, and that resulted in the matter being struck off the court roll and a warrant of arrest was authorised against him,” the NPA said.
The authority further explained that the case cannot simply resume without proper legal steps being followed. It said the matter would now require formal intervention before it can proceed again.
“The implications of this turn of events mean that it can only be reinstated upon a written authorisation by the Director of Public Prosecutions, Mpumalanga Division,” the NPA said.
While acknowledging that magistrates have discretion in how such matters are handled, the NPA said it would review the court’s decision and determine whether it is the most appropriate legal mechanism in the circumstances.
*This story has been updated with NPA statement.