The National Prosecuting Authority (NPA) has launched an urgent legal challenge against controversial court orders involving the prosecutor who was handling the criminal case linked to controversial taxi boss Johannes “Joe Ferrari” Sibanyoni and others in the Kwaggafontein Magistrate’s Court.
In a statement released on 22 May 2026, the Director of Public Prosecutions (DPP) in Mpumalanga confirmed that an application for leave to appeal had been filed against orders granted by Chief Magistrate T. Tonjeni on 18 May 2026.
The orders under appeal include the conviction of the prosecutor for contempt of court and the authorisation of a warrant of arrest against him. According to the NPA, the filing of the appeal application automatically suspends the implementation of those orders until the matter is heard and finalised.
The DPP has also formally requested written reasons for the magistrate’s ruling in order to strengthen and potentially supplement the grounds for appeal.
The legal dispute follows dramatic developments in the Sibanyoni matter after the criminal case was struck off the court roll under Section 342A(3)(c) of the Criminal Procedure Act, a provision dealing with delays in criminal proceedings.
National Director of Public Prosecutions, Adv Andy Mothibi, has since consulted with the DPP and assembled a legal team led by senior counsel to advise on the matter and determine the appropriate legal approach.
The NPA said it hopes the magistrate will provide the requested written reasons urgently due to the seriousness and public importance of the case.
Adv Mothibi further assured the public that the NPA remains committed to carrying out its constitutional responsibilities fearlessly and protecting vulnerable members of society through effective prosecution.
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