JOHANNESBURG - This is quite embarrassing, says legal expert Mpumelelo Zikalala.
"If this were a boxing match, I would call it a technical knockout, just because the other boxer did not arrive," he says.
Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused -- Bafana Sindane, Mvimbi Daniel Masilela and Phillmon Msiza -- were released on Monday after state prosecutor Mkhuseli Ntaba failed to appear before the Kwaggafontein magistrate’s court.
Ntaba had informed Magistrate Tuletu Tonjeni on Friday that he had a prior commitment. Despite this, the magistrate ordered him to be present on Monday.
Ntaba did not appear, which resulted in Tonjeni issuing a warrant of arrest against the state prosecutor and finding him in contempt of court.
Legal expert Mpumelelo Zikalala says the National Prosecuting Authority (NPA) does not operate in silos.
"There are other prosecutors in the court," he says.
"Why could they not come and bail out their colleague?"
He says an explanation could have been given for a postponement on why the matter could not be heard on Monday.
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"Was there an emergency or could there not have been a delegation of duties," says Zikalala.
He says, however, the court should also have considered the prescripts of Section 60 of the Criminal Procedure Act.
The section requires that, before an accused is released, a determination must be made as to whether it is in the interest of justice.
"Don't simply strike the case off the roll," says Zikalala.
He adds that, because the case had not yet been ventilated, the issue before court was unrelated to the merits of the case itself and lay with the State, which includes the court process.
READ: Police claim strong case after Joe 'Ferrari' Sibanyoni case struck off the roll
He says the issuing of a warrant of arrest against the prosecutor raises concerns about the integrity of the process, although the matters can be separated.
Ntaba, according to Zikalala, can still return to court and explain why the contempt finding against him should be set aside. The warrant of arrest is intended to compel his appearance in court.
Zikalala says the NPA would have a vested interest in having the matter reinstated on the roll.
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The NPA’s head of legal services, Adv Mthunzi Mhaga, says they are considering reinstating the matter.
Sibanyoni and his three co-accused face allegations of extorting more than R2-million in so-called protection fees from a local mining entrepreneur.