eNCA's Week That Was | Sibanyoni back in the dock, Ramaphosa calls for review, Ghana repatriates citizens

The first group of Ghanaians who elected to leave South Africa arrived back in their home country on Thursday.

The group chose to leave after they allegedly feared for their lives after a spate of anti-immigration protests that have gripped the country since March.

READ: Most of the 300 repatriated Ghanaians found to have overstayed

According to the Ghanaian government, 800 people had registered to be repatriated. The first group left on Wednesday.

According to the Border Management Authority (BMA), 10 of the 300 Ghanaians were in the country legally.

READ: First 300 Ghanaians arrive in Accra after SA repatriation

Also from the group, 25 came from the Lindela Holding Facility brought in by the Immigration Inspectorate of the Home Affairs department.

Five passengers, including one who had a valid asylum permit, another one whose passport was expired and another who had two minor children, whom she claimed belonged to her sister and were turned away. The latter did not have documentation proving relation to the children.

READ: Only 10 of 300 Ghanaians repatriated were in SA legally, officials say

Dr Mike Masiapato said the latter were handed back to the Ghanaian High Commissioner for future repatriation should they meet the relevant requirements.

Ghana's Foreign Minister Samuel Ablakwa is promising counselling and financial support for the returning citizens.

After a dramatic two week, Joe "Ferrari" Sibanyoni, Oupa "Bafana" Sindane and two others returned to court after their matter was re-enroled.

The group appeared at the Delmas Magistrate's Court on Thursday for their extortion and money laundering case.

It is alleged that they extorted R2 million as so-called protection fees from a local mining entrepreneur.

READ: Conduct of magistrate in Joe Sibanyoni case 'injudicious', says NPA head

The group made an application in the High Court in Mbombela to halt the re-enrolment of the case. They made the application on an urgent basis on Wednesday to set aside their J50 warrants of arrest.

The case was struck off the court roll on 18 May at the Kwaggafontein Magistrate's Court by chief magistrate Tuletu Tonjeni after state prosecutor Mkhuseli Ntaba failed to show up in court.

Tonjeni also issued an order for Ntaba's warrant of arrest.

READ: UPDATE: Joe ‘Ferrari’ Sibanyoni, co-accused granted bail

The National Prosecuting Authority says Tonjeni misapplied the law and is now challenging the matter in a higher court. 

They have since filed a formal complaint with the Magistrate's Commission.

Spokesperson Kaizer Kganyago said the matter raises serious concerns around judicial conduct, procedural fairness and the administration of justice.

They have also since appealed Ntaba's conviction of being in contempt of court.

READ: Joe ‘Ferrari’ Sibanyoni, co-accused challenge case re-enrolment

National Director of Public Prosecutions, Adv Andy Mothibi, said Tonjeni's conduct was “injudicious”.

He said her misapplication of the law could create a dangerous legal precedence if left unchallenged.

Sibanyoni, Sindane and others are out on R70,000 each and are expected back in court on 1 September.

They have been ordered to report to a police station which will be discussed with the State. They have also been directed not to interfere with witnesses. 

President Cyril Ramaphosa has lodged a formal application in the Western Cape High Court to review the Phala Phala Independent Panel report. 

In the 63-page application lodged on Tuesday, Ramaphosa has asked the court to review and set aside the report, particularly its recommendation in paragraph 264.

He argues the independent panel misunderstood its mandate in at least four respects and misconstrued what it was supposed to conduct. 

READ: Ramaphosa lodges application to challenge Phala Phala report

Ramaphosa says the panel made conclusions based on hearsay statements, without regard to the law. 

The President claims Fraser's allegations were based on speculation, fiction and conjecture. 

The Constitutional Court ruled that the National Assembly acted unlawfully when it voted against adopting the panel report, which now forms the basis of the impeachment process.

The report was submitted to then Speaker Nosiviwe Mapisa-Nqakula by the Section 89 Independent Panel, led by former Chief Justice Sandile Ngcobo.

READ: EXPLAINER | High Court review can halt Ramaphosa impeachment

Ramaphosa suggests the panel may have unlawfully obtained a confidential Namibian police report and an audio recording.

Legal expert Ulrich Roux says the review application may prevent the National Assembly from proceeding with the impeachment process.

"We must be careful not to get confused," says Roux. After the ConCourt finding, it means that the NA must go back and consider the report.

"It is not a step backwards," he adds.

READ: DA says Parliament must act despite Ramaphosa's Phala Phala review bid

According to Roux, the High Court has the power and jurisdiction to find whether the impeachment must be halted, pending the report's review.

"That is what the President's report is trying to enforce with the application," says Roux.

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