The bail application of taxi kingpin Joe ‘Ferrari’ Sibanyoni took a turn on Monday when the case was struck off the court roll.
Sibanyoni and three others were arrested last week on charges of extortion.
On Monday, tensions flared in the Kwaggafontein Magistrate’s Court, with Sibanyoni’s lawyer, former National Director of Public Prosecutions Shaun Abrahams, highly agitated following proceedings delays.
Sibanyoni, Bafana Sindane, Mvimbi Daniel Masilela, and Philemon Msiza face 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.
This was after state prosecutors failed to pitch at court for proceedings which were supposed to begin at 9 am.
Abrahams did say he would be filing a complaint against the unprofessionalism of the State towards this matter.
Loud cheers and applause broke out in the courthouse following the ruling.
Speaking to counsel, the Magistrate expressed her disappointment in the State.
“It is now 1.19 pm, and the prosecutor is still not in court, for the reasons that have been placed before the court, which reasons actually express my own finding.
The conduct of Mr Ndaba has left my mind boggled. I saw him for the first time at his last appearance on Friday, and at one point, I indicated that he was being unprofessional.
“Today, sadly, we still have to sit with that. I gave a clear order, addressing him directly. That it is the court’s order Mr Ndaba, that you attend court at 9 am. He is not here,” the magistrate said.
She said the control prosecutor did receive a call from Ntaba before 9 am, stating he was in transit and was held up by paperwork.
“No time, or approximate time for his arrival was given. No matter which corner he came from within the province, he would have been here by now if he had an interest in being here or complied with the order to be made. Therefore, 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 accepted the application by the defence and struck the criminal matter from the court roll.
“I strike the matter off the court’s roll,” she added.