Prosecutor says he received threats in the Joe Sibanyoni case

Added: 2026-05-21

[00:00:00]Well, let's pick up on a story now that really was uh dominating the news earlier in the week. Uh I'm sure you're familiar with it, but let's just remind you uh of this. The prosecutor in the case against Mpumalanga taxi boss and businessman Joseph Sibanyoni uh and three others didn't turn up in court on Monday. This led uh to the magistrate Tsheletso Tony Genny saying he was in contempt of court, also struck the case off the roll. Since then, people have been wondering what has happened in the engagement between the NPA uh which suspended prosecutor Ntshaba uh and and and obviously there were going to be meetings to hear his side of the story.

[00:00:43]Well, let's catch up with as much of this as we possibly can. Kaizer Kganyago, NPA spokesperson, very good afternoon to you and thanks for your time.

[00:00:51]Good afternoon and good afternoon to our listeners. So, first of all, has the NPA had an opportunity to engage with Mr. Ntshaba? And and if so, what has come out of that engagement?

[00:01:04]Yeah, no, we have uh engaged with him.

[00:01:06]Uh thinking he had got an engagement with the DPP in Mpumalanga and we've gotten the report. We uh we also gave him his letter of suspension Mhm. and now we have to then start uh with the investigations around what what really happened. What What has he shared with you that you can share with us about why he didn't turn up in court on Monday?

[00:01:32]No, he has said a lot of things, but as I say, we need to verify them before we make it facts uh because it was not directly through uh it was said to us by him. It was said by the by the director of public prosecution in Mpumalanga. Therefore, it was important for us to do the investigation first and then verify all the facts that are there and understand who did what and who did not do what because it's not only him. There are there's a chain of other people who are supposed to do certain things.

[00:01:59]>> [snorts] >> Would it be fair to say though that his case, and as you rightly point out, this has not been settled or adjudicated on, but the case he put forward was not that he was simply derelict in his duty, but he felt there were external circumstances that made it difficult for him to be at court. Would that be a Would that be a fair point, general as it is?

[00:02:22]Generalization, yes, but we don't know exactly everything. But then we also are looking beyond him, also looking at the court itself and the magistrates as ruling, so that we see what can be if if there's a something that went wrong that we needed to to deal with.

[00:02:41]And and that's where we will be able to understand whether we need to do the appeal or not.

[00:02:47]One of the One of the stories that is running today, I think it's from the Sowetan, it is indeed from the Sowetan.

[00:02:55]I'll just credit the journalists correctly to them, Herman Maloi and Butu Musulanque.

[00:03:01]They're running a story saying that there was intimidation of Mr. Ntaba without you judging Mr. Khanyago whether in fact that is true. Is this something that is being investigated?

[00:03:16]Yes, we are investigating everything that needs to be investigated, including that. But that is not the only story that that came about. There are many other stories that came about, but all we need to do is to work on the basis of verified information, and we also have to look into how the process will unfold in terms of bringing the matter back to court. I was struck, Mr. Khanyago, when you said what he has shared so far. I'm referring here of course to prosecutor Ntaba. I was with the director of public prosecutions in Mpumalanga. I I I've got that title right.

[00:03:52]What is What was the status of that meeting? I mean, for example, was it recorded? Would Mr. Mntambo have had legal representation?

[00:04:00]Um I ask that because I'm wondering if a situation might arise where there may be some dispute about what he said in that meeting.

[00:04:09]No, that was him talking to his boss.

[00:04:12]Yes. Therefore, that that that is a relationship. That's why we wanted the report from his boss, not directly with him. He can only deal with that when the engagement with our integrity people happens, and they whether he want to be represented or not, but that will be recorded. But but but given that it's it's an HR matter, and he was suspended, are you saying to us there were just two of them in the room?

[00:04:36]No, no, no. We That was not the start of the of the inquiry.

[00:04:40]>> Okay. It was just him talking, reporting back to his boss. Therefore, then we have now started the process which will be done by our integrity unit, who will then give an opportunity officially to present his side of the support. So so that would be a meeting with representation if he if he requests it, uh record-keeping and so on.

[00:05:02]Yes. Okay. So, Mr. Khanyago, let's let's move to something else then, um if we may, two issues. The first of them, the conduct of the magistrates. Uh we spoke to your colleague Mthunzi, Advocate Mthunzi Magaga, uh on the Monday when all of this happened, and he seemed to me to indicate that there would be some uh investigation of but possibly representation by the NPA in regard to the way in which magistrates uh Thonjeni went about things. Uh first of all, is that going to happen? And secondly, what's the process involved if it is?

[00:05:38]Yes, it's going to happen, and what we will then have to do is to then get the court records, and then based on the court records, then our legal team will look into that, and check whether there is a need for us to appeal this matter or not, and what are the grounds. And that is going to be in process also.

[00:05:56]So, when you say appeal the matter, does that suggest does that refer to the re-enrolling of the case, or would it be a direct challenge to the magistrate and and and the way magistrate Tonjeny actually not only made a decision in regard to the prosecutor, but opted for the remedy of striking it off the roll? Because my understanding is that's not something that is obligatory by law, it would have been an option.

[00:06:24]Yeah, but the fact is we have to look at everything and decide which option we'll take, and that we have not reached that point as yet because we've got to go through all the not only for the day, but all the other days, all the records so that we are able to make an informed decision that is legally sound.

[00:06:42]So, would it be fair to conclude then, Mr. Khanyago, that the process of re-enrolling the case, in other words, getting Mr. Sibanyoni and the others back into court, that's not yet underway. You you still at if I could call it the planning stage and review.

[00:06:59]No, that that the instruction to have that done has already been re-enrolled has already been made, and it's just a matter of following the processes of the court to do that. Okay, so I'm conflating two things that are separate, so just to be absolutely clear, the re-enrolling is in process and is not dependent on any conclusions you might draw either in regard to the prosecutor's conduct or the conduct of the magistrate. Those are in fact two separate matters.

[00:07:27]Definitely, they are two separate matters. If you have heard in the judgment of the magistrate, they said it can only be re-enrolled once the DPP has returned a certificate for that to happen, and that process will happen.

[00:07:39]Okay, and and any timelines on these? I mean, first of all, clarity on what happened, if indeed clarity is possible, on what prompted prosecutor Mkhwebane to act the way he did. That, you know, is a more open-ended process, but the others timelines on how long it would take, for example, to re-enroll?

[00:08:00]Yeah, no, it depends on the court processes. All I can say is it will be sooner rather than later.

[00:08:06]It It was an incident that, you know, prompted I I think it's fair to say there was a need for the NPA to respond.

[00:08:15]I don't think damage control is the right phrase, but certainly you were very eager to ensure that the public saw that you were acting decisively. Has Has anything you've heard from the prosecutor, although not directly necessarily, given you some pause to suggest that, you know, the suspension may maybe not necessarily hasty, but maybe not entirely justified.

[00:08:42]The The suspension is a precautionary one so that we are able to then give the opportunity. Therefore, there's no issue of hastiness. We were just suspending so that you can concentrate on this thing and without having to be worried about the work that you need to do, and then we deal with this better. It's a precautionary suspension.

[00:09:00]And in this entire process, any engagement with the counsel of the four men who were in the dock, or is or they're not involved in this at this stage? No, they are not involved here.

[00:09:11]Thank you very much, Kaizer Khan Nyaho, spokesperson for the National Prosecuting Authority. Lots of things in play here. We're going to keep as close an eye on them as we can. If you want to pick up that story, by the way, that I referred to from the Sowetan, go to sowetan.co.za.

[00:09:28]Quite a full account there. 702 Drive.