Prominent businessman Joe “Ferrari” Sibanyoni and his three co-accused have been released from custody after the court struck their matter off the roll.
This comes after state prosecutor Ndaba failed to appear at the Kwaggafontein Magistrate’s Court on Monday, where Sibanyoni and his co-accused were expected to apply for bail.
The court also issued a warrant of arrest for Ndaba for contempt of court.
Sibanyoni and his co-accused’s legal team, led by Advocate Shaun Abrahams, asked the court either to strike the matter off the roll or release the accused on bail.
Abrahams argued that Ndaba had disrespected a court order issued on Friday, 15 May, instructing him to appear in court on Monday, 18 May, for the bail hearing. He said that despite agreeing to attend the proceedings, Ndaba failed to pitch up in court.
He further argued that the accused would be prejudiced if the bail hearing was postponed to another date.
Abrahams told the court that, should it decide to release the accused on bail, they were prepared to hand over their passports to the nearest police station, especially since the investigating officer was also absent from court.
He furrther said the accused will not intimidate witnesses, will not interfere with police investigation and will not evade trial.
Abrahams also said it will be in the interest of justice to release the accused on bail.
The court agreed with the accused’s legal team and struck the matter off the roll. It also ruled that Ndaba’s warrant of arrest would be authorised.
Sibanyoni, his co-accused, and their supporters — who packed the courtroom to capacity — broke into song after the ruling, celebrating their release from jail.
Sibanyoni and his co-accused were arrested and charged with extortion and money laundering after a Mpumalanga mine boss alleged that they had attempted to extort money from him.
Sibanyoni has frequently been linked to alleged underworld figures, including Vusimuzi Matlala, whose name has surfaced in several criminal and intelligence-related allegations in recent years.
He has also previously survived an alleged attempt on his life, further highlighting the violent and dangerous world surrounding taxi industry disputes and alleged underworld battles.
