JOHANNESBURG - The National Prosecuting Authority (NPA) says it is studying the order to strike Joe 'Ferrari' Sibanyoni and three co-accused's extortion case off the court roll.
The case against the notorious taxi boss and his co-accused was struck off the court roll because of an unreasonable delay in the matter.
According to the Magistrate, the delay was as a result of state prosecutor Mkhuselo Ntaba's failure to appear at the Kwaggafontein Magistrate's Court on Monday.
Ntaba had told the Magistrate on Friday that he would be unable to make it. Despite that, he was ordered to appear anyway.
As a result, the magistrate held him in contempt of court and issued a warrant for his arrest.
"We have great difficulty with the order that was made," said spokesperson Adv Mthunzi Mhaga.
"Hence, we are reflecting to determine whether it was the only permissible mechanism on how this matter could have been dealt with," he said.
According to Mhaga, if the prosecutor could not make it on Monday, the magistrate could have considered postponing the matter to the following day.
Instead of striking the matter altogether.
Mhaga said the NPA wants to determine whether the delay, as deemed by the magistrate, was in fact unreasonable.
Sibanyoni and his three co-accused walked out of court as free men, with the courtroom erupting in jubilation.
READ: Public Interest SA flags NPA handing of Mpumalanga taxi bosses' case
The four men face charges of extortion, allegedly worth up to R2 million, as well as money laundering.
The NPA has since placed the prosecutor on suspension.
The authority says the matter has now been referred to the Mpumalanga Director of Public Prosecutions, who may reinstate the case upon written authorisation.
Justice Minister Mmamoloko Kubayi has welcomed Ntaba’s suspension, saying failures of this nature by state institutions must be avoided in order to protect public confidence in the justice system.
Mhaga said the NPA will also explore all legally sound avenues in response to the court order.