Civil society organisations say public confidence in the National Prosecuting Authority (NPA) will be further compromised by the removal of Joe “Ferrari” Sibanyoni's case from the court roll.
Image: Morgan Morgan / DALL-E / DFA
Despite Mpumalanga state prosecutor, Mkhuseli Ntaba, clarifying his absence that resulted in the case of taxi boss Joe “Ferrari” Sibanyoni being struck off the roll, the Ahmed Kathrada Foundation (AKF) believes the episode damages confidence in the National Prosecuting Authority (NPA).
The foundation said this raises serious questions about oversight, discipline, and operational control.
This was after the case of Sibanyoni and his three co-accused, who are accused of extortion and money laundering, was struck off the roll on Monday, after the state prosecutor, Mkhuseli Ntaba, failed to appear at the Kwaggafontein Magistrate’s Court
The NPA immediately placed Ntaba on suspension pending an internal disciplinary hearing, while Magistrate Tuletu Tonjeni found Ntaba in contempt of court for ignoring a direct order to appear and authorised a warrant for his arrest.
Ntaba resurfaced and met with the Mpumalanga Director of Public Prosecutions (DPP) on Tuesday.
While the NPA and the DPP are currently reviewing Ntaba's full internal report, the preliminary details surrounding his side of the story indicate that he informed the magistrate on Friday that he had a prior court commitment and would be unavailable on Monday, requesting a postponement to Tuesday. Despite this notification, the magistrate ordered him to appear regardless.
It has also been alleged that Ntaba did not simply abscond but went into hiding due to receiving targeted death threats.
However, the AKF said an incident of this scale points to a breakdown in basic case-control systems.
“In any serious prosecution, court directives should be tracked, and attendance should be monitored, and there should be immediate cover if the assigned prosecutor cannot appear,” said spokesperson Anele Gcwabe.
Gcwabe added that what is required is tighter supervision of priority cases, clear escalation rules, documented handover procedures, and visible consequences where court directives are ignored. She said without those safeguards, the NPA remains vulnerable to avoidable single-point-of-failure disruptions.
She said this is evidence of a serious prosecutorial failure, adding that the NPA must explain its shifting statements about internal integrity clearly and in detail to maintain public trust.
The NPA’s spokesperson, Kaizer Kganyago, did not respond.
Last year, former National Director of Public Prosecutions (NDPP), Shamila Batohi, sparked major political debate by stating the NPA faced “infiltration” by compromised individuals.
She later retracted the term after meeting with Justice Minister Mmamoloko Kubayi, clarifying that she meant individual prosecutors were sabotaging cases rather than systemic collusion.
However, while testifying before Parliament's Ad Hoc Committee, Batohi solidified her initial claims by confirming that she had held a formal, high-level briefing with an intelligence agency, specifically receiving corroborating information from National Police Commissioner General Fannie Masemola and Crime Intelligence Head Lieutenant-General Dumisani Khumalo.
This information, Batohi said, flagged a high-ranking prosecutor allegedly colluding with organised crime networks. The individual was subsequently suspended and referred to the Independent Directorate Against Corruption (IDAC) for formal investigation.
Gcwabe said that although it would be too strong to say this incident proves the justice system is incapable of securing convictions against wealthy or influential suspects, it unquestionably strengthens the public perception that serious procedural failures can derail accountability and weaken confidence in equal justice.
Director of Accountability Now, Paul Hoffman, said the latest incident shows that the NPA’s independence is compromised by systemic corruption, allowing compromised individuals to operate with political protection and absolute impunity.
He added that this solidifies a public perception that the justice system is incapable of securing convictions against wealthy or influential suspects.
He said this also shows that the NPA’s autonomy is completely compromised.
“The NPA is riddled with saboteurs of the rule of law who enjoy impunity and political protection,” said Hoffman, adding that without it, openness, accountability and responsiveness will remain elusive in the criminal justice administration- the political will to reform it is absent despite a bill introduced in November 2024.
Introduced as a private member’s bill by DA MP Glynnis Breytenbach, the bill proposes removing the mandate for investigating and prosecuting serious, high-level corruption from the NPA and establishing an independent Anti-Corruption Commission as a Chapter 9 institution.
Non-profit organisation Open Secrets said trust in the NPA is maintained through accountability, transparency and evidence of its ability to fulfil its constitutional mandate, adding that the apparent conduct of Ntaba certainly erodes the public’s confidence in the reliability and effectiveness of the NPA to prosecute high-profile matters.
“However, it does not mean that we must not trust the NPA. Mothibi called for the immediate suspension of the prosecutor, and the NPA is considering taking disciplinary action against him. We commend the swiftness of the NDPP’s action, which points to a system of accountability within the NPA,” said the organisation, adding that, nevertheless, the rule of law dictates that the NPA must clarify why the prosecutor was not present in court.
manyane.manyane@inl.co.za