Prosecutor in Joe 'Ferrari' Sibanyoni case told he would be 'eliminated'

Added: 2026-05-24

[00:00:00]The National Prosecuting Authority has confirmed that it has applied for leave to appeal the contempt of court order and warrant of arrest issued against prosecutor Kuselindaba. The legal action stems from the high-profile extortion and moneyaundering case of taxi boss Joe Ferrari Siboni and his three co-acused.

[00:00:19]During the bail application in the gua fontain magistrate's court in Pumalanga daba failed to appear prompting chief magistrate tulle toeni to hold him in contempt strike the case off the role and issue a warrant for his arrest. SBC news anchor Chris Helder Lewis spoke with NPA spokesperson Kaiser.

[00:00:41]All we know for now while the investigation internal investigation is going on is the fact that um he he was told that he will be eliminated if he goes to the court on that day.

[00:00:55]>> That was my next question. Mr. Kanyahu eliminated eliminated. In other words, he will be killed. Do we know anything more about the extent of further threats that were made to EMF at all?

[00:01:07]>> Not at the moment. We our investigation is said indicated that we will get the report maybe early in the week to understand all the details because it's not only what he says that is going to be looked at is also all the people that are involved in those in the whole process.

[00:01:24]>> It does however see Mr. there seems to be an an about turn uh uh by the national prosecuting authority because um in the earlier statement there was an earlier statement by the NPA that had been issued and uh basically what you had said at the time was that um you know there were charges or there was some um disciplinary action that was going to be taken against the prosecutor that statement indicated so but this latest statement now indicates you're going to appeal this decision that was taken by the magistrate. Was this an error on your part as the NPA or the fact that you did not have sufficient information at the time that you had issued that first press release?

[00:02:08]>> No, it wasn't an error. It was a cryeler because what we did, we were reacting on the information before us at the time and we were not able to get hold of the prosecutor at the time. We didn't know what was going on and therefore the best thing at the time was to then suspend him pending an investigation which we have done and we are in the process of doing. Therefore there's no change of heart. uh we wanted to say to to react immediately to what was happening at the time and therefore we then had to look at all the facts before us and then that is how we then got to say okay with the facts that we are now having and the facts that we feel that the magistrate might have had in in making those decisions. We will then do this because we also have to protect the prosecutor >> while we are investigating because the suspension was a precautionary one just to make sure that we uh investigate but also take him out of this space such that he is not involved in this thing until we are done with this investigation.

[00:03:15]>> And we continue with this particular discussion. We are joined by Nilan Karan, senior district court judge and president of the judicial officers alliance of South Africa. Thank you for joining us and good afternoon. I mean what has happened is um at some at some points it it brought confusion and there was a lot of suspicion there was a lot of speculation. Uh but uh as as the days have gone by, I think we're beginning to get a sense of what could be uh at play here. But what do you make of the latest developments with the NPA basically saying that there was indeed a threat to his life and therefore they opposing a warrant of his arrest among others.

[00:04:04]>> Thank you so much uh Jasa. Thanks uh thanks you for the opportunity and greetings uh to to the viewers. Uh as you've pointed out this development is not unexpected.

[00:04:18]Um in order to protect the national prosecuting authority and the prosecutors that are out there that are performing their functions ordinarily without fear, favor or prejudice. If there's any issue that needs to be dealt with, we also need to, you know, allow the NPA to look after their prosecutors.

[00:04:38]And from what I can see, the decision to suspend might have been a rash decision because it it's not even what like 24 hours or so that the decision now to appeal the decision has been taken. But but already the decision to suspend has been taken. So what happens to our prosecutor now that this decision is taken? Should he not rather be reinstated? Because we need to be fair to all our role players and officers of the court, including prosecutors, whether defense attorneys and even the magistrate for that matter. But this prosecutor should have been given a little bit more latitude and time and for his explanation to come through. Uh that's that's in our view.

[00:05:22]>> And and and and what about the the magistrates? Because some people were of the view that it is part for the cause for the courts uh to find alternative dates if there is a a a delay of some sort because uh the prosecutor had literally asked for the court for for his appearance the following day or because the the the magistrate was insisting on a Monday but he was saying I'm not available on Monday. There are other matters to attend to. I'll be h available on Tuesday but still um he did not get his way and we saw what happened on that particular day. So what's your sense as an organization in terms of um accountability on the part of the magistrate?

[00:06:05]>> Remember as judicial officers sitting whether in the district court, in the regional court or even in the high court, these types of applications are done all the time and matters are being postponed whether it's for seven days to verify personal details or whether it's a trial or whatever the case must be.

[00:06:22]These applications for postponements are brought all the time. So for us to or for any judicial officer to have taken a step in terms of section 342 capital A of the criminal procedure act in this fashion uh on the face of it it might appear that uh the full issues were not allowed to be ventilated. Remember it was already pointed out that one needs to balance the seriousness of the offense, the nature of proceedings and you must also look at all the people that appear in our criminal courts every day. Are they getting the same treatment on the first or second day where their matters are getting struck off the role where prosecutors are being held to account because at the end of the day the prosecutor in question will need to account to their senior. In fact, because the prosecutor could not attend.

[00:07:12]Remember, you have control prosecutors, you have senior public prosecutors, you have chief prosecutors, you have the deputy director, you have the director, someone could have made an arrangement to have attended, explained the position or even dealt with that bail application if it had to proceed because if an application for a postponement is refused, the court needs to obviously take the next step and you are during a bail proceedings. So the prosecutor, remember this is not a partly matter from what I can gauge. So any prosecutor could have stepped into the shoes. We deal with these bail applications every day whether you're a prosecutor or a judicial officer. So any prosecutor could have dealt with the bail application. Any judicial officer with the necessary authority could have dealt with it. Even if bail needed to have been granted, so be it. Then that could have been the more balanced approach to our mind without having to pronounce on on these issues. But there's so many options that you have including cost orders. Now to have taken this drastic step and taken such an important matter of the court role. I think the message that we are sending out to the public at large is not the best of messages and unfortunately uh people may become disillusioned. So I can understand why the NPA now wants to take the matter on on review or appeal. That's their prerogative. And I want to add whether it's taken on appeal or on review that does not detract from the proceedings continuing. If the director of public prosecutions is of the view that the matter must be reenrolled, that can happen simultaneously while any appeal or review or contempt inquiry is held because the prosecutor appears right now to have been found guilty and he still needs to be sentenced. So when the prosecutor comes through there's a potential sentencing component that needs to be applied and where is this Aldi alter rule in this whole situation when has the prosecutor being given the authority or right to respond because right now we cannot be seen to be throwing the book at the prosecutor without getting full facts. We need to be very cautious and and watch ourselves. We are also joined by Deokas, founder and chairperson of public interest SA. Good afternoon to you, sir.

[00:09:29]Thank you for your time. I wonder if you are fair with the latest development with the the NPA basically saying that they're going to um appeal this decision of a warrant of arrest and um they have also confirmed that there was a threat to the prosecutor's life and and and therefore um that is why they are opposing the decision of the magistrate uh on that particular issue. As an organization, what do you make of these latest developments?

[00:10:00]Yeah, thank you for having me. Sorry, apologies for for for joining late. Um the you know what is on display here is many things all at once. First of all, the SA I mean the NPA seems to be somersaulting. You'd recall on Monday when they came out guns blazing suspending the the the prosecutor without giving him audi himself in circumstances where they now asking for the same question posing the same question to the chief ministry saying but you never had us we never had our prosecutor so it it is a it's a it's a circus uh but we we also are very grateful that they've taken the step that they have in so far as uh appealing the the the the matter and and and and quite honest, it was just bizarre that an order is granted now. Um and a warrant issued as as you want to believe that a warrant would have been issued on the same day. In circumstances as we know how court works, you want to allow somebody else to come and tell themselves why they not why didn't they present themselves at court on a specified day as it was on Monday than to to to take such a drastic step.

[00:11:11]However, having said that, um I think my colleague on the call will will assist.

[00:11:16]Um how would wouldn't the appeal itself uh affect the expeditious um you know uh pro uh you know reenrollment of the matter and and and and making sure that it flows because it might very well stall the proceedings as far as I and I understand and I could be very wrong. I must qualify that uh and wouldn't be rather be easier easier to actually just rein the matter and and and accept uh that um you know this it is what it is and maybe then just leave that other part of the the bizarre ruling maybe you can take it on on prosecution separately but I'm not sure how the the it work maybe that that for for the interest of the public maybe my colleague on the call who officer of the of the court can actually assist >> na And there you go Dev Hakas also assisting me in my work there.

[00:12:11]>> 100% 100%. Uh to to make it very clear, remember you have different issues at play. The first issue is there's a criminal trial. People were arrested, they were appearing in court. That's one process that ultimately deals with the bail application. It deals with a trial where matters are certified trial ready and the matter is ventilated in court through witnesses. That's one process.

[00:12:36]the fact that this issue of contempt conviction has been dealt with or done and the NPA now wants to take that issue on appeal. They're entitled to do so.

[00:12:47]But taking this issue on appeal in no way in no way absolutely stops, prevents, stalls, or stays the continuation of the criminal trial. If the director of public prosecutions wants to reenroll, there is zero bar to have the matter reenrolled to have the matter proceed even if there's a new prosecutor allocated. This is not a partlyhood matter. The bail application can be held or whether the accused persons can be brought back to court by virtue of a summons that can happen. So everything can happen simultaneously.

[00:13:20]The issue or suggestion that there's going to be a delay unduly to my mind does not hold water. The matter if it has to proceed should proceed or if the prosecution don't does not want to proceed and wants to withdraw charges permanently they should do so. But right now the ball is in the director of public prosecution's hands and it can be enrolled at any point even today tomorrow or whenever.

[00:13:47]That's the way I see it. So there's no delay.

[00:13:49]>> Unfortunately, this is all the time we had for this particular discussion. But thank you very much to Deborah Hokas, founder and chairperson of public interest essay and Neilan Karakhan, senior district court judge and president of judicial officers alliance of South Africa.