Sibanyoni’s case postponed as magistrate fails to appear in court

For three years, taxi boss Joe “Ferrari” Sibanyoni allegedly extorted protection fees from a mine owner using fear and intimidation.

This is the state’s case against 60-year-old Sibanyoni, who is feared by many in his community. He appeared alongside his two co-accused in the Kwaggafontein magistrate’s court on Wednesday, charged with extortion and money laundering.

According to the state, a Mpumalanga businessman whose name is being withheld paid over R2.2m to Sibanyoni between 2022 and 2025 as protection fees.

“The accused unlawfully and intentionally exerted pressure and instilled fear in the mind of [name withheld] by forcing him to pay a protection fee and threatened to close his business from operating.”

This is contained in the charge sheet, which lists Sibanyoni and his co-accused ― Philemon Msiza and Mvimbi Masilela ― as people behind the extortion at a mine in Kwaggafontein.

Fed up of losing money, the victim opened a case against the three in November last year, which led to the trio’s arrest earlier this week.

The police deployed the services of the Special Task Force team to arrest Sibanyoni at his home in Centurion, Tshwane, before he was sent to be detained in Middelburg in Mpumalanga.

On Wednesday, they made their first appearance at the Kwaggafontein magistrate’s court where the matter was postponed due to the unavailability of a presiding officer.

During the proceedings, magistrate David Erasmus told the court that he had received a call from the acting chief magistrate informing him that he would not be able to proceed with the matter.

Erasmus said he then informed the chief of magistrates in Mpumalanga, TS Tonjeni, who then told him to preside for the first appearance and postpone it to Friday.

Former NPA boss Shaun Abrahams SC, representing Sibanyoni, opposed the postponement.

The prosecutor said the state applied for the postponement to afford them the opportunity to gather information that would assist them in opposing bail during the formal bail application.

Shortly after Erasmus stood the matter to consider the submissions by both the state and defence, Sibanyoni was approached by members of the media.

Asked if he believed he is innocent, Sibanyoni said he is the servant of God and that he is innocent.

“Now I am going to preach the word of the Lord in prison,” he said.

Sibanyoni will be detained at the Middelburg police station until Friday.

His arrest has revived the conversation around business extortion, and according to people who spoke to sister publication Sowetan, this phenomenon is prevalent in the Middelburg area, a coal-mining town.

A businessman in the mining sector in Middelburg told Sowetan that many business owners had no option but to work with extortionists or business mafias when they are approached for protection fees.

“It’s hard on this side of the world. When you manage or run a mine, they demand money. For safer working conditions and to avoid your equipment being damaged or stolen you either incorporate the extortionists into your business as partners or you pay them not to attack your business and also keep your life,” said the businessman.

“We do not open cases with police any more because nothing happens as the extortionists pose as community representatives,” he said.

Some community members Sowetan spoke to were scared to talk about extortion mafias, but admitted that it was prevalent.

“Sibanyoni is feared here; you cannot talk about him because his people are almost everywhere. You talk about him, you disappear,” said two community members from Kwaggafontein, where Sibanyoni grew up.