The National Prosecuting Authority (NPA) has filed an application for leave to appeal both a contempt of court conviction and the authorisation of a warrant of arrest for the prosecutor in the extortion and money laundering case involving taxi boss Joe “Ferrari” Sibanyoni.
The legal application was lodged on Thursday, 22 May 2026, at the Kwaggafontein Magistrate’s Court by the Director of Public Prosecutions (DPP) in the Mpumalanga Division.
This follows an order handed down by Chief Magistrate Tuletu Tonjeni on 18 May 2026 at the same court.
According to the NPA, the appeal application targets several aspects of the ruling, including the conviction of the prosecutor for contempt of court and the magistrate’s decision to authorise a warrant of arrest against him.
In a media statement released on Friday, 22 May, NPA spokesperson Kaizer Kganyago said the prosecuting authority stressed that, in terms of South African law, the filing of the application for leave to appeal automatically suspends the implementation of the orders pending the outcome of the appeal process.
“The implication of the filing of the said application is that the orders are automatically suspended until the hearing of the application for leave to appeal and finalisation thereof,” Kganyago said in the statement.
In addition to filing the appeal application, the DPP has also submitted a formal request for written reasons for the ruling. The NPA said these reasons may be used to strengthen or supplement the grounds of appeal if necessary.
The matter has drawn widespread attention after Tonjeni invoked Section 342A(3)(c) of the Criminal Procedure Act 51 of 1977 to strike the criminal case off the court roll. The section deals with unreasonable delays in criminal proceedings and empowers courts to make various orders where delays prejudice the administration of justice.
Tonjeni struck the matter off the roll, convicted the prosecutor of contempt of court and issued a warrant for his arrest after he failed to appear in court for Sibanyoni and his co-accused’s bail hearing on Monday.
Kganyago said the National Director of Public Prosecutions, Andy Mothibi, has consulted with the Mpumalanga DPP and assembled a legal team led by senior counsel to advise on the implications of the ruling and determine the appropriate legal response.
The NPA indicated that the senior legal team will focus specifically on the court’s decision to strike the matter from the roll and assess possible legal remedies available to the state.
Kganyago said that while the details surrounding the contempt finding have not yet been fully disclosed, the NPA has signalled its intention to vigorously contest the ruling and defend the conduct of its prosecutor through the appeal process.
The authority also expressed hope that the magistrate would provide written reasons for the judgment within a reasonable timeframe, citing the urgency and public importance of the matter.
Kganyago said Mothibi has reiterated the prosecuting authority’s commitment to upholding the rule of law and protecting vulnerable members of society.
“Mothibi assures the public that the NPA will remain resolute in its tireless efforts to ensure that we fearlessly serve as the vanguard for the vulnerable members of the public in line with our constitutional obligation,” the statement read.
