Taxi tycoon Joe “Ferrari” Sibanyoni and his co-accused have launched an urgent application in the Mpumalanga High Court seeking to stop the re-enrolment of their criminal case in the Delmas Magistrate’s Court.
In court papers, which Africa Daily has seen, Sibanyoni and his co-accused, Bafana Oupa Sindane, argue that the National Prosecuting Authority (NPA) acted irregularly and unlawfully by re-enrolling the matter despite requests for representations to be made before any further prosecutorial steps were taken.
The accused are facing charges of extortion and money laundering.
According to the urgent application, the accused contend that the NPA ignored formal correspondence sent by their legal representatives requesting an opportunity to make representations on why the matter should not be re-enrolled.
They further argue that the prosecution moved ahead with the re-enrolment process without responding to their request and subsequently sought warrants compelling them to appear before the Delmas Magistrate’s Court.
The applicants claim that Delmas Magistrate’s Court does not have jurisdiction to hear the matter because the alleged offences were allegedly committed outside the Delmas magisterial district.
Instead, they argue that the matter should have been re-enrolled in the Kwaggafontein Magistrate’s Court, where the case was previously before it was struck off the roll.
The matter was struck from the roll after prosecutor Advocate Mkhuseli Ntaba allegedly failed to appear in court.
In their court papers, the applicants accuse the NPA of deliberately and secretly seeking to have the matter enrolled in Delmas instead of Kwaggafontein.
They argue that the prosecution fears returning the matter to the Kwaggafontein Magistrate’s Court because that court already has full knowledge of the history and circumstances surrounding the case.
“The NPA deliberately sought to procure the re-enrolment of the matter in Delmas, despite the absence of jurisdiction, because the Kwaggafontein Magistrate’s Court is fully acquainted with the history of the matter and the circumstances under which it was struck from the roll,” the applicants state in the papers.
The applicants further contend that the manner in which the warrants were obtained violated their constitutional rights and exposed them to imminent arrest without following proper legal processes.
In the urgent application, they seek an order interdicting the NPA and the police from executing the warrants of arrest and preventing the matter from proceeding in the Delmas Magistrate’s Court pending the outcome of their challenge.
They are also seeking declaratory relief declaring the conduct of the NPA irregular, unlawful, arbitrary and unconstitutional.
The applicants argue that they will suffer irreparable harm if the warrants are executed, including deprivation of liberty, reputational damage and prejudice to their constitutional rights.
The matter is expected to be heard urgently in the Mpumalanga High Court.
