Prosecutor no-show in Sibanyoni case raises fresh concerns about NPA integrity

What happened in court

On Monday the case against Sibanyoni and three co-accused was struck off the roll after Mpumalanga state prosecutor Mkhuseli Ntaba failed to appear at the Kwaggafontein Magistrate’s Court. The accused face charges of extortion and money laundering.

The magistrate, Tuletu Tonjeni, found Ntaba in contempt of court for ignoring a direct order to appear and authorised a warrant for his arrest. The NPA placed Ntaba on suspension pending an internal disciplinary hearing.

Ntaba later surfaced and met with the Mpumalanga Director of Public Prosecutions on Tuesday. Preliminary details indicate Ntaba told the magistrate on Friday he had a prior court commitment and requested a postponement to Tuesday, but the magistrate ordered him to appear on Monday.

It has also been alleged that Ntaba did not simply abscond but went into hiding after receiving targeted death threats.

Civil society response and calls for accountability

The Ahmed Kathrada Foundation (AKF) said the incident raises “serious questions about oversight, discipline, and operational control.” AKF spokesperson Anele Gcwabe warned the episode 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,”

“What is required is tighter supervision of priority cases, clear escalation rules, documented handover procedures, and visible consequences where court directives are ignored.”

Gcwabe added that without those safeguards the NPA remains vulnerable to avoidable single-point-of-failure disruptions and said the NPA must explain its shifting statements about internal integrity clearly and in detail to maintain public trust.

Broader concerns about the NPA

Director of Accountability Now, Paul Hoffman, said the incident shows the NPA’s independence is compromised by systemic corruption and strengthens public perceptions that the justice system cannot secure convictions against wealthy or influential suspects.

“The NPA is riddled with saboteurs of the rule of law who enjoy impunity and political protection,”

Hoffman said this perception persists despite a bill introduced in November 2024 by DA MP Glynnis Breytenbach that proposes removing investigation and prosecution of serious, high-level corruption from the NPA and establishing an independent Anti-Corruption Commission as a Chapter 9 institution.

Other reactions and the NPA’s response

Non-profit organisation Open Secrets said trust in the NPA depends on accountability, transparency and evidence the authority can fulfil its constitutional mandate, and that the conductor of Ntaba’s actions erodes confidence in the NPA’s ability to prosecute high-profile matters.

Open Secrets noted the NPA has taken swift action by placing the prosecutor on suspension and considering disciplinary measures, a step the organisation said points to a system of accountability within the NPA while underscoring the need for clarity about why the prosecutor was not in court.

The NPA’s spokesperson, Kaizer Kganyago, did not respond to requests for comment in the reporting.

What this means for Johannesburg readers

The episode adds to ongoing public debate about prosecutorial standards and institutional safeguards within the criminal justice system. Observers and campaign groups are calling for clearer case management, documented handovers, and visible disciplinary consequences to restore confidence.

For now, the NPA faces renewed pressure to explain the sequence of events and to demonstrate that high-profile prosecutions are managed with consistent oversight and accountability.