NPA under fire after prosecutor vanishes and Sibanyoni case is struck off

Case collapse at Kwaggafontein

The no-show on Monday forced the court in Mpumalanga to strike the matter off the roll, halting proceedings against Sibanyoni, businessman and taxi owner Bafana Sindane, and two co-accused. The four face one count of extortion and two counts of money laundering.

The charges follow allegations by a Mpumalanga businessman that he was forced to pay R2 million over three years as a “protection fee”. The matter had been expected to continue with a bail application before the State’s absence disrupted the hearing.

Contempt finding and arrest warrant

Chief Magistrate Tule Tu Tonjeni found the prosecutor in contempt of court and issued a warrant for his arrest. Tonjeni also indicated the matter would be escalated to the Office of the National Director of Public Prosecutions (NDPP).

NPA response and missing prosecutor

The NPA confirmed that disciplinary action had already been taken against the prosecutor before Monday’s court appearance and that he has been suspended pending an internal investigation. The prosecuting authority said it has been unable to contact him.

“We are unable to even think or speculate on what could have happened in the circumstances where there is no explanation that has been forthcoming,”

The prosecuting authority said it is working to re-enrol the matter through the Office of the Director of Public Prosecutions in Mpumalanga.

Legal implications and expert view

Legal practitioners stressed that a case being struck off the roll does not amount to an acquittal. Namibian legal practitioner Lwando Mufune explained the reason for the halt:

“A matter may be removed if the party who initiated the case, or their legal representative, fails to appear when the case is called.”

Mufune also noted that a struck-off matter is not a ruling on guilt or innocence and reminded that the Constitution guarantees accused persons the right to a trial within a reasonable time, placing responsibility on the NPA to ensure prosecutors are present and ready to proceed.

Ministerial reaction

Justice Minister Mmamoloko Kubayi welcomed the swift suspension pending disciplinary action but said she was disappointed with how events unfolded at the Kwaggafontein Magistrate Court.

“It is in the interest of justice that the accused persons are given an opportunity to respond to the charges brought against them in the court of law. Technical lapses of this nature, especially by state institutions, must be avoided so that the public does not lose confidence in our justice system,”

Kubayi called on the NPA to put systems and processes in place to prevent similar incidents in future.

What happens next

• The NPA has suspended the prosecutor and launched an internal investigation.
• The matter will be re-enrolled through the Office of the Director of Public Prosecutions in Mpumalanga.
• The contempt finding and arrest warrant remain part of the court record.

The sudden collapse of a sensitive prosecution has renewed concerns about the handling of high-profile cases and the potential impact on public confidence in the justice system.