Prosecutor Accuses Court of Violating His Rights As State Appeals Judge’s Orders in Sibanyoni Case

• The National Prosecuting Authority (NPA) is appealing the orders made by the magistrate in the Joe Sibanyoni case
• The State prosecutor, Advocate Mkhuseli Ntaba, detailed why he was unhappy with the court's decision in the matter
• South Africans weighed in on the State's decision, sharing mixed reactions to the ongoing drama in the case against the taxi boss

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 State has accused the Kwaggafontein Magistrate’s Court of turning Advocate Mkhuseli Ntaba into an accused person in a criminal matter even though he was not officially charged.

The statement was made in the National Prosecuting Authority's (NPA) appeal against the orders made against Advocate Ntaba. The advocate was the State prosecutor in the case against Joe Sibanyoni, Bafana Sindane, Mvimbi Masilela, and Philemon Msiza.

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The quartet were accused of extorting over R2 million from a local businessman over three years, but the matter was struck off the roll when the prosecutor failed to appear before the court for the bail application on 18 May 2026.

Chief Magistrate Tule-tu Tonjeni issued a warrant of arrest against Ntaba and convicted him of contempt of court, something the NPA is now appealing. The NPA also expressed concern about the way the magistrate handled the matter.

State details reasons why it’s appealing decision

In the appeal, Ntaba argued that the court violated his constitutional right to a fair trial under Section 35 of the Constitution. He also argued that the court violated his rights to dignity, equality, privacy, and freedom from bodily harm.

The State further claimed that the contempt order was made improperly by the court and that it wrongly turned him into an accused person in a criminal matter, even though he was not officially charged or brought before the court as an accused. Sibanyoni’s legal team intends to oppose the appeal.

South Africans react to the news

Social media users weighed in on the State’s decision, sharing mixed reactions to it.

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@NamedInstigator asked:

“What locus standi do they have to oppose the appeal? Also, why is the state creating a sideshow instead of focusing on re-arresting the accused persons? They are trying to look busy.”

@punk_double suggested:

“They must also write to the JSC and complain about the magistrate. Ace Magashule's case has never been struck off till today. What made Sibanyoni so special?”

@nkosanangwenya stated:

“A good move. It had to be done, especially if the allegations that he felt threatened are true. The senseless conviction and the warrant of arrest must be suspended.”

@Mricho82 agreed:

“It's a good decision to challenge the nonsensical conviction by the magistrate.”

@LindoDingiswayo asked:

“Why is Sibanyoni's legal team opposing this appeal? Because it’s between the magistrate/court and the NPA?”

@Nkosi_Shebi stated:

“That judge must be dealt with accordingly.”

@PMac_thepimp agreed:

“That magistrate must be investigated.”

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.

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Joe Sibanyoni and Bafana Sindane party after case struck off the roll, South Africans not impressed

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

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

Source: Briefly News