EDITORIAL | Get that ‘Ferrari’ back on the road to justice, and fast

The ostentatious celebration in the usually solemn Kwaggafontein magistrate’s court that reverberated when charges were withdrawn against notorious taxi boss Joe “Ferrari” Sibanyoni and his co-accused on Monday was compelling and chilling.

Compelling because watching designer-clad Sibanyoni and his equally bespoke allies Philemon Makhaya Msiza, Mvimbi Daniel Masilela and Oupa Josiah “Bafana” Sindane ― charged with allegations of extortion amounting to R2.2m ― share congratulatory hugs in a packed courtroom as if the four were national heroes, was like unscripted, reality TV drama.

But chilling considering the saga magnifies the nefarious reach of the shadow state, compromises the integrity of the courts and strikes a massive blow to the country’s fight against organised crime.

Legally Sibanyoni ― whose moniker hails from his penchant of the Italian supercar ― and crew are presumed innocent. They face charges of money laundering and the extortion of more than R2m in ‘protection fees’ from a mining businessman between 2022 and 2025.

But the circumstances of this case, from when the accused were arrested by the Special Task Force in Pretoria on May 12, test the rule of law and justice in South Africa.

As the Sunday Times reported, the mogul with a net worth estimated at more than R200m is now being dissected by the Madlanga commission, where allegations of a shadowy “Big Five” cartel have put him and his Ferraris in the national spotlight.

His wealth and influence have made him one of the most powerful and feared men in the country. Co-accused Sindane, also known in taxi circles as “King of the Sky”, and the others have their share of sullied pasts.

While he portrays himself as a man of peace and a community builder, investigators have alleged that Sibanyoni is a key figure in the “Big Five”, a cartel accused of manipulating police investigations and controlling lucrative routes through violence and extortion.

The commission has heard explosive testimony regarding Sibanyoni’s relationship with SAPS’ suspended Sgt Fannie Nkosi.

And so the apparent twist in the case related to Mkhuseli Ntaba’s prosecutorial conduct, is a “gross betrayal of the constitutional mandate,” as chairperson of the portfolio committee on justice and constitutional development Xola Nqola points out.

At a time when the country is battling a scourge of extortion, the fact that a prosecutor leading a major criminal case can simply vanish, resulting in it being struck off the roll, is an absolute disgrace.

When the matter was heard in court on Friday ― where Ntaba’s appearance was delayed before proceedings finally got under way ― chief magistrate Tule-tu Tonjeni adjourned the bail hearing to Monday. No doubt she agreed with the argument of Sibanyoni’s heavyweight representative former NPA head Shaun Abrahams that it would be unfair to the accused to delay the matter further, despite the prosecutor saying he would not be able to attend.

On Monday, by 1pm when it was evident Ntaba was a no-show and the NPA later confirmed it had been unable to reach or locate him, the magistrate’s ruling was incredulous.

“He would have been here by now if he had an interest to be here or to comply with the order that was made,” the magistrate said before she authorised a warrant for his arrest and struck the matter off the roll.

Nqola’s conclusion that this is “not just a procedural failure; it is a slap in the face of every South African who looks to our courts for protection and justice” is on point.

Realising the magnitude of this and the implications, the rattled NPA reacted swiftly with National Director of Public Prosecutions (NDPP) Adv Andy Mothibi suspending Ntaba, confirming his safety.

They made the trite assurances that it was not a setback because they are within their right and authority to reinstate the case.

But criminal law expert Dr Suhayfa Bhamjee said the striking off bears significant consequences for the prosecution and has suggested alternative remedies may have been more appropriate under the circumstances, including postponing the matter rather than removing the case entirely from the roll.

Bhamjee added the NPA needs to shoulder some blame as criminal justice failures were often rooted in broader systemic weaknesses rather than isolated mistakes by individuals.

Another valid criticism came from ActionSA MP Dereleen James, who pointed out authorities failed to make alternative arrangements despite the prosecutor reportedly indicating on Friday that he would not be available for Monday’s proceedings.

She said: “These failures create the perception of dysfunction at best and possible interference at worst.”

“South Africans cannot continue to witness specialised police task teams making high-profile arrests, only for prosecutions to collapse because of avoidable failures within the justice system.”

The developments have already triggered widespread speculation, with Eyewitness News reporting alleged threats against officials linked to the case.

At a time when the country is battling a scourge of extortion, the fact that a prosecutor leading a major criminal case can simply vanish, resulting in it being struck off the roll, is an absolute disgrace.

It is therefore important to snuff the swirling rumours out with decisive action and for the course of justice to be set back firmly on track with the speed of a Ferrari.