The National Prosecuting Authority (NPA) says it is preparing to re-enrol the extortion and money laundering case against well-known taxi boss Johannes Sibanyoni and his co-accused in the Kwaggafontein Magistrate’s Court in Mpumalanga.
This comes after the matter was struck off the court roll when the prosecutor handling the case failed to appear in court for the continuation of the bail application on Monday.
In a statement, NPA Investigating Directorate Against Corruption head Advocate Andy Mothibi acknowledged the development as disappointing but insisted it would not derail 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,” said Mothibi.
“There is no room for impunity, as we remain resolute in our constitutional obligation to hold those accused of criminality accountable.”
The NPA explained that the prosecutor’s failure to appear resulted in the magistrate striking the matter off the roll and authorising a warrant of arrest against the prosecutor for contempt of court.
According to the prosecutorial body, the case can now only be reinstated through written authorisation from the Director of Public Prosecutions in the Mpumalanga Division.
The NPA also confirmed that disciplinary action would be taken against the prosecutor involved.
“The prosecutor will be suspended pending the institution of appropriate disciplinary action,” the NPA said.
The authority further noted that while the magistrate acted within the powers provided by the Criminal Procedure Act, it would review the court order and assess whether it was the most suitable legal mechanism under the circumstances.
“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 statement read.
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