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The prosecutor in the extortion and money laundering case of Joe “Ferrari” Sibanyoni and others will be suspended pending the institution of appropriate disciplinary action, the National Prosecuting Authority (NPA) said on Monday.This was after the Kwaggafontein magistrate’s court convicted the prosecutor of contempt of court after he failed to appear in court. It also struck the case of Sibanyoni and his co-accused off the roll.The NPA said the case could only be reinstated upon a written authorisation by the director of public prosecutions in Mpumalanga.“While the magistrate is within his or her prerogative to invoke the relevant section of the Criminal Procedure Act, we will reflect on the order and determine if it is the best legally available mechanism to deal with the matter,” the NPA said.National Director of Public Prosecutions Andy Mothibi expressed his shock and dismay and appealed to the public to be patient while the NPA dealt with the matter internally through appropriate disciplinary action, and externally with the South African Police Service.Mothibi was engaging with the investigating officer with a view to facilitating the re-enrolment of the case.“While this is disappointing, it is not a setback as we are within our right and authority to reinstate the case once there is compliance with the legal provisions governing matters removed from the court roll in this manner.”Mothibi said there was no room for impunity as the NPA remained resolute in its constitutional obligation to hold those accused of criminality accountable.TimesLIVE
