Kwaggafontein – The extortion case against taxi leader Joe “Ferrari” Sibanyoni and his three co-defendants collapsed when the prosecutor failed to show up, leading to the case being removed from the docket at the Mkobola Magistrate’s Court.
The 60-year-old Sibanyoni returned to court on Monday, 18 May 2026, with his co-defendants Bafana “King of Sky” Sindane, Mvimbi Masilela, and Philemon Msiza, facing charges of extortion and money laundering.
It is alleged that the defendants extorted more than R2 million in protection fees from an unnamed mining entrepreneur between 2022 and 2025.
The individuals, who were arrested the previous week, had planned to apply for bail, but the proceedings could not move forward.
Sibanyoni’s lawyer, Shaun Abrams, a former director of the National Prosecution Authority (NPA), expressed his frustration over the prosecutor’s absence.
“I’m extremely disappointed… It is unacceptable for a prosecutor to behave in this manner,” Abrams stated.
“It truly pains me to criticize a colleague, but it is troubling that this is how justice is being handled,” he continued.
Abrams asserted that the state prosecutor must be held accountable for not appearing in court for such a critical case.
“We have moved to have the matter struck off the roll and to find the state prosecutor in contempt of court.”
Magistrate Tuletu Tonjeni expressed her displeasure at the absence of Prosecutor Mkhuluseli Ndaba, who had previously informed the control prosecutor that he was running late.
“No estimated arrival time was provided,” she noted.
“No matter where he was traveling from in the province, he could have arrived by now if he genuinely intended to be present.
“Therefore, this court can reasonably find him guilty, even in his absence, of contempt of court. I will issue a warrant for his arrest.”
Magistrate Tonjeni also stated her intention to notify the prosecutor’s superiors and the Director of Public Prosecutions about his behavior.
Additionally, she accepted the defense’s motion and removed the criminal case from the court roll.
The magistrate’s ruling was met with loud cheers and applause from the audience.
Family members and supporters were seen embracing the released defendants in the courtroom.
Many seemed unaware that the case could still be reinstated.
In light of the events, Mpumalanga Police Spokesperson Colonel Mavela Masando noted that the South African Police Service’s Organised Crime Unit has a “strong” case against the defendants.
The spokesperson stated: “Mpumalanga police remain confident in the strength of the case against the four suspects involved in the Kwaggafontein extortion matter, despite today’s courtroom developments.”
Colonel Masando indicated that the police would consult with the NPA to pursue a re-enrollment of the case.
