The National Prosecuting Authority (NPA) has filed an application for leave to appeal against a contempt of court ruling and warrant of arrest issued against prosecutor Mkhuseli Ntaba in the high-profile case involving taxi boss Joe ‘Ferrari’ Sibanyoni.
Ntaba did not appear during the bail hearing of Sibanyoni and his co-accused at the Kwaggafontein Magistrate’s Court, where they faced charges linked to extortion and money laundering.
In a dramatic development, Sibanyoni, alongside Mvimbi Masilela, Philemon Msiza and Bafana Oupa Sindane, walked free after Chief Magistrate Tuletu Tonjeni struck the matter off the court roll and authorised a warrant of arrest for the prosecutor.
NPA Challenges Contempt Of Court Ruling Against Prosecutor
According to the NPA, Ntaba had already informed the court last week that he would be unable to attend Monday’s proceedings.
Despite this communication, the magistrate instructed him to appear in court.
The Director of Public Prosecutions (DPP) in Mpumalanga has now moved to challenge the court orders issued on Monday.
“The orders that 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,” the NPA said in a statement.
Joe ‘Ferrari’ Sibanyoni Case Orders Suspended Pending Appeal Process
The NPA said the filing of the appeal application has immediate legal consequences under South African law.
“In terms of our legal system, the implication of the filing of the said application is that the orders are automatically suspended until the hearing of the application for leave to appeal and finalisation thereof.
“In addition to the notice for leave to appeal, the DPP has also filed a formal request for written reasons for the orders with a view to supplement the grounds upon which the leave to appeal is based, if necessary.”
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The Times Post was told that the appeal process is expected to focus on both the contempt of court finding and the legality of the warrant of arrest issued against Ntaba.
