By Lehlohonolo Lehana.
The National Director of Public Prosecutions (NDPP) has lifted the suspension of Advocate Mkhuseli Ntaba, the prosecutor in the Joe “Ferrari” Sibanyoni extortion case.
Sibanyoni, together with co-accused Bafana Oupa Sindane, Mvimbi Masilela and Philemon Msiza, faces charges of allegedly forcing mining entrepreneur Tengani Ntuli, the director of Tengane Mining, to pay “protection fees” between 2022 and 2025.
Ntuli detailed 27 cash payments he allegedly made to Sibanyoni in varying amounts totalling R2 291 022.
Ntaba was suspended after he failed to pitch for proceedings in the Kgwaggafontien Magistrates Court last month, where Sibanyoni and his co-accused had applied for bail.
The NPA has appealed the contempt order and lodged a formal complaint against the magistrate with the Magistrates’ Commission. Chief magistrate Tuletu Tonjeni had initially struck the matter off the roll and held the prosecutor in contempt of court.
Tonjeni retired last Friday after coming under fire for striking the case off the roll and holding a prosecutor in contempt of court.
Legal provisions governing magistrates mean the commission no longer has disciplinary jurisdiction over a magistrate who has retired from office.
While an investigator can still be appointed to examine the complaint and determine whether there is prima facie evidence of misconduct, the matter cannot proceed to a disciplinary hearing or sanction.
However, the case was later re-enrolled in the Delmas Magistrate’s Court on Thursday, which released Sibanyoni and his co-accused on bail after the state indicated it would not oppose the application.
“The decision to withdraw the suspension letter is based on the verified version of Ntaba relating to his safety and by the OEA’s view that Ntaba has cooperated with them and that there is no likelihood that he will interfere with the outstanding investigations,” the National Prosecuting Authority (NPA) said in a statement, after receiving an interim report from its Office for Ethics and Accountability.
“Upon consideration of the interim report, the National Director of Public Prosecutions Adv Andy Mothibi, in consultation with the Director of Public Prosecutions in Mpumalanga Adv Sonja Ntuli, directed that the letter of suspension in respect of Adv Ntaba be withdrawn and that he be allowed to return to work,” confirmed NPA spokesperson Kaizer Kganyago.
The matter will return to court on 1 September.
Meanwhile the NPA indicated its intention to re-enroll the fraud case against Johannesburg Development Agency (JDA) chief executive Themba Mathibe.
Mathibe appeared before the Alexandra Magistrates’ Court on Tuesday, where the State revealed that its investigations were not yet complete.
After considering submissions from both parties, the court ruled that there was no reason to keep the matter on the roll pending the completion of investigations and struck it off the roll.
NPA said the prosecuting authority noted with concern that no formal enquiry was conducted into the reasonableness of the delay as required by law.
However, the prosecutorial authority stressed that court’s decision does not amount to an acquittal and does not prevent the State from pursuing the matter in the future.