NPA Files Leave to Appeal Magistrate’s Orders Against Prosecutor in Joe Sibanyoni Extortion Case

• The National Prosecuting Authority has filed an application for leave to appeal some orders in the Joe Sibanyoni case
• The magistrate found the prosecutor, Advocate Mkhuseli Ntaba, in contempt of court and issued a warrant of arrest for him
• South Africans questioned the NPA's decision, asking why they didn't stand up for the prosecutor earlier

Byron Pillay, a Briefly News journalist, has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He worked as a newspaper journalist for 10 years before transitioning to online.

MPUMALANGA – The case against Joe ‘Ferrari’ Sibanyoni and three others continues to serve up the drama, this time as the National Prosecuting Authority has filed leave to appeal some of the magistrate’s decisions.

Chief Magistrate Tule-tu Tonjeni struck the matter off the roll against Sibanyoni, Bafana Sindane, Mvimbi Masilela, and Philemon Msiza, after the State prosecutor failed to appear for the bail application on 18 May 2026.

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The magistrate then found the prosecutor, Advocate Mkhuseli Ntaba, in contempt of court and issued a warrant of arrest for him.

NPA files leave to appeal rulings

On Friday, 22 May 2026, the NPA announced that the Director of Public Prosecutions (DPP) in Mpumalanga filed an application for leave to appeal against the magistrate’s orders.

“The orders that the DPP seeks to appeal are, among others, the conviction of the prosecutor for contempt of court and the order authorising a warrant of arrest against him,” the NPA’s statement noted.

As a result of the filing, the magistrate’s orders are automatically suspended until the hearing of the application and its finalisation. The DPP has also requested written reasons for why the orders were made.

The NPA also previously expressed concern about how the magistrate handled the matter. NPA spokesperson Kaiser Kganyago said that the NPA would look at the court records to understand whether the law was applied correctly in the case.

Matter to be re-enrolled

The NPA also confirmed that the case against Sibanyoni and his co-accused would be re-enrolled. No timeline has been given for when this would happen.

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Sibanyoni, Sindane, Masilela and Msiza are accused of extorting over R2 million from a Mpumalanga business over the course of three years. The quartet were also charged with money laundering.

South Africans weigh in on NPA’s decision

Social media users weighed in on the NPA’s announcement, with some calling for the magistrate to also be held accountable. Others questioned why the organisation was so quick to suspend the prosecutor, before even knowing what happened to him.

@Mricho82 said:

“You need to investigate the magistrate for her reckless handling of that case.”

@Pole1803 added:

“Both the magistrate and the prosecutor must be investigated. Yes, she had an independent right to take the decision she did, but why not postpone? Other people’s bail bids keep on being postponed while they remain in jail, but this one, no postponement. It was quickly struck off. Unfair.”

@Mce_SA asked:

“What about the prosecutor’s suspension? What happens to the national office for tainting his name before knowing the facts? What about the Monday and Tuesday cases that were deemed unimportant? Where was the magistrate from Tuesday, after forcing the prosecutor to come on Monday, despite him saying that he couldn’t?”

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@hlalanathinaran stated:

“This is a sign that NPA acted without first studying the situation and what caused the disappearance.”

@neothechef exclaimed:

“The damage is done already. The fact is that the NPA threw their own prosecutor under the bus for a few likes here on social media, without even affording him a hearing for his side of the story. Worst employer ever.”

@Clemsito asked:

“So, the prosecutor was thrown under the bus and then fetched back again?”

@JamesSamJones_ said:

“The NPA's decision to suspend the prosecutor without preliminary inquiry was rather impulsive. It's commendable that you're showing support to your own. Escalate the Magistrate's conduct to the oversight body for review, as her actions warrant further investigation.”

Advocate Shaun Abrahams unhappy with Sibanyoni's arrest

In a related article, Advocate Shaun Abrahams weighed in on the National Prosecuting Authority's handling of Joe Sibanyoni's case.

Briefly News noted that Abrahams is a former National Director of Public Prosecutions (NDPP) and is now representing the Mpumalanga taxi boss.

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South Africans took to social media to weigh in on the case and Abrahams' comments about the organisation he previously led.

Source: Briefly News