KWAGGAFONTEIN - After spending the entire weekend behind bars, prominent taxi boss Joe “Ferrari” Sibanyoni and his three co-accused walked out of court as free men on Monday afternoon.
This was after the Kwaggafontein Magistrate’s Court struck their case off the roll on charges of extortion and money laundering.
But, while the men have gotten a get out of jail free card, the case is not over, not by a long shot.
This is the view of Criminal Law Attorney, Zola Majavu, who said the decision to have the matter struck off the roll does not entirely mean it is a discontinuation of the prosecution.
He said the state can decide to bring it back into the court roll, but that decision solely rests on the National Director of Public Prosecutions (NDPP), Andy Mothibi, who has to be the one to authorise the matter.
“If Mothibi can authorise that the matter be placed back on the roll again tomorrow, they may find themselves in the dock within the next 14 days or so,” he said.
Why the case collapsed in court
The court had two options: Either strike the matter off the roll or admit the accused persons to bail.
The court ruled under Section 342A of the Criminal Procedure, which is designed to ensure that criminal cases are conducted without unreasonable delay.
Before striking the matter off the roll, the magistrate found the prosecutor guilty of contempt of court.
She then authorised a warrant of arrest for him.
She further said that she would report his conduct to the Legal Practice Council (LPC) and to his seniors at the office of the NDPP.
‘Not an unusual decision’
Majavu commended the magistrate for her decision, saying such is aimed at making sure that the state does not bring a case on the roll prematurely or in instances where the state's house is not in order.
“It's a serious indictment, and I think the courts are getting tired of the showbiz with which some of these so-called high-profile cases are being handled. These people were humiliated. They were brought before court. You have fully armed police officers in court, and the police don't show.
“The prosecutor, in spite of being warned by a presiding judicial officer, just doesn't pitch. It is unheard of. But this is what happens when you behave like this. You run the risk of being arrested,” he explained.
Majavu said this was fair and square
“They were not done a favor… But this is what we do routinely in courts. It's just that some of these things don't get the publicity," he added.
Can the prosecutor fight back?
Because the current magistrate has already found that the prosecutor is in contempt, it is not something that can go back to the same magistrate, Majavu explained.
He said if the prosecutor is aggrieved by this finding, he has to appeal like any other.
“It's not a nice place for any senior colleague to be in, but he will be well advised by his lawyers as to what remedies are available to him.”
What happens next?
For now, Sibanyoni and his co-accused are free men, with no active case against them on the court roll.
If the NDPP authorises re-enrollment, the State could place the accused back in the dock.
As for the prosecutor, the NPA has announced that the prosecutor would be suspended pending the institution of appropriate disciplinary action.
In a statement on Monday, the NPA said the matter is being dealt with through appropriate disciplinary action and externally with the SAPS.
At the same time, the NPA confirmed that the DPP is engaging with the investigating officer to facilitate the re-enrolment of the case.