The Portfolio Committee on Justice and Constitutional Development issued a scathing critique of the Mpumalanga prosecutor who was convicted of contempt of court in the Kwaggafontein Magistrate’s Court.
On Monday, tensions flared in the bail application of taxi boss Joe ‘Ferrari’ Sibanyoni’s after the State prosecutor failed to show up at court.
The matter was thereafter struck off the court roll.
Chairperson of the committee, Xola Nqola, labelled the prosecutor, Mkhuseli Ntaba’s actions as a gross betrayal of the constitutional mandate.
Sibanyoni, Bafana Sindane, Mvimbi Daniel Masilela, and Philemon Msiza faced charges of money laundering and extortion.
It is alleged that the group extorted more than R2 million in ‘protection fees’ from a mining businessman between 2022 and 2025.
Speaking to counsel, the Magistrate expressed her disappointment in the State after the prosecutor failed to be at court after 1pm.
“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 court will report his conduct to his seniors and DPP,” the magistrate said.
She further struck the matter off the court roll.
“This dereliction of duty resulted in the case being struck off the roll and a warrant of arrest being issued for the prosecutor. Such behaviour directly compromises the country’s fight against organised crime. I am utterly appalled by the reckless and unprofessional conduct of this prosecutor,” Nqola said.
He said at a time when the country is battling a scourge of extortion, for a representative of the state to simply vanish and cause a major criminal case to be struck off the roll was an absolute disgrace.
“This is not just a procedural failure; it is a slap in the face of every South African who looks to our courts for protection and justice,” Nqola said.
He further commended the speedy action of the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, in calling for the immediate suspension and disciplinary action to be taken against the prosecutor.
“Furthermore, we note the NDPP’s urgent intervention with the South African Police Service (SAPS) to work around the clock to correct this hitch and get the accused extortionists back on the court roll immediately. It is commendable, but we should never have reached this point,” Nqola said.
The chairman noted that Parliament will look into the frequency of such administrative failures to ensure this is an isolated incident and not a symptom of deeper institutional neglect.
“We expect the upcoming disciplinary processes to be rigorous and uncompromising. Officers of the court must be held to a higher standard, not a lower one. The public must be reassured that the actions of one official will not derail our justice system,” Nqola said.
IOL
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