How Joe Ferrari Sibanyoni and Bafana Sindane Case Was ‘Fumbled’ in the First Place

Hinzugefügt: 2026-05-28

[00:00:19]Well, this celebration did not last long.

[00:00:29]It has only been 9 days since taxi tycoons and Caesar were released after their 2.2 million extortion case was struck off the row. But now it looks like the road leads right back to court.

[00:00:56]Okay. How you feeling?

[00:00:58]>> How you feeling?

[00:01:03]>> Yeah. Do you believe that the state has no case against you?

[00:01:17]Are you innocent? Innocent.

[00:01:22]Okay. Thank you. Thank you, sir. Sure.

[00:01:23]Thank you.

[00:01:24]And it has been a very busy 9 days since the four men were released. And we'll get back to this. But first, for context, let's quickly recap how we got here. In November 2025, a businessman opened a case against the group. He accused them of extorting money from him. He says he allegedly gave them 2.2 million rand. He says he gave them the money into their bank accounts and they shared or laundered the money. And this is of course a shocker. What do you even mean? Joe and Mafana are said to be some of the richest people in the country.

[00:01:54]These men both own Ferraris which cost about 12 million rand.

[00:01:59]>> We're here to actually use the best champagne for its best use which is to celebrate in his greatest achievements today where we unveil his brand new first of a kind one of 11 12 million rand.

[00:02:24]I'm going to hand over to my unit to give us a few words.

[00:02:40]For what?

[00:02:58]Hello TV.

[00:03:07]>> So how can they extort anyone? They are rich. Well, the businessman did not mince his words and you know it took a lot out of him to report this case because this group of men operate in one of the country's most dangerous industries. Nevertheless, the police in Gafontine got to work. They investigated and then the group was arrested and they appeared in court. They appeared twice and then the prosecutor missed court on their third appearance because he was allegedly threatened and told that if he comes to court on the day he will be assassinated. So Kuseli did not come to court. The case was dropped. He was slapped with a contempt of court order, a warrant of arrest and a suspension.

[00:03:46]And remember I said that on the day that the case was struck off the role, we did not rest or no peace collectively as a country. And this is in regards to this case. Well, let's start on Monday. On Monday, May 18, the case was struck off the role. And I'm inclined therefore as I do now strike the matter of the role in terms of section 342A subsection 3 C As you please.

[00:04:54]Heat. Heat.

[00:05:16]I don't know what that is.

[00:05:28]Same day the taxi tycoons started celebrating right in court and then they went home and the party continued. And the next day on Tuesday May 19th at night the celebrations continued.

[00:05:48]But during the day on May 19, the NPA was very busy. They announced that they will be meeting with Kuseli to figure out what really went wrong here. Kaiser, how disturbing a moment was this for you as the NPA? We got Andy Andy Motiv's statement saying that he was shocked and disappointed.

[00:06:04]>> No, definitely he was very shocked and disappointed and he really wanted to get to the bottom of it as quickly as possible. H by yesterday he had talked to the director of public prosecution in Pumalanga who is now going to convene a meeting this morning so that a report is brought to him so that he understand what really happened on the side of the prosecutor and then but we also hearing a lot of other things that are relating to what happened in court on Friday and the magistrate's involvement. We are going to ask for the court records so that we are able to understand what really happened and then we'll get to the bottom of it. Whoever would have done this will have to feel the ro of the law.

[00:06:44]>> When you say there are lots of things happening, what do you mean?

[00:06:47]>> Yeah. What I mean is that we we are hearing stories that they were the prosecutor was clearly indicating to to the um magistrate that he's not available and then we will just have to get the records because we don't want to comment before we we get into the records. But all of the information we will get and we will then get to the bottom of it. Whoever whether it is on the side of the prosecutor or on the side of the magistrate who have add will just have to take the matter forward.

[00:07:13]>> The next day on Wednesday May 20 we learned that Museri was indeed allegedly threatened with his life.

[00:07:19]>> And as they as they talked to me is that no the prosecutor amongst others felt unsafe.

[00:07:25]>> On Friday May 22 we heard that the NPA will appeal the magistrate's decision.

[00:07:30]At the present moment we do not know we are awaiting a full report from the province in in Bumalanga but we have been in in the meantime contacted the director of public prosecution there to give us the report but also to look at reinstating this matter because it is very important that this matter be reinstated and and we then get to the bottom of what really happened with this prosecutor at the time when we issued the statement. and we were very we were not in in possession of any information or any explanation and therefore it was prudent on us to act swiftly and be able to suspend him pending an internal investigation that will then get to the bottom of this matter. Yeah, look, I don't think I have to stress to you just how important and sensitive uh this particular case is, the arrest of uh uh Joe Sivani and of course it pertaining to the larger picture in the country right now pertaining to uh the capture of the South African police system and the criminal justice system and the inner workings thereof. Uh will the NPA be reinstating charges against the accused that appeared in court today?

[00:08:40]Obviously that is one of the first instruction that the national director of public prosecution has made to the director of public prosecution in Malanga because the only way it can be reinstated is with the written consent of the director of public prosecution to the court and that instruction has already been done. the matter will be reinstated but in the meantime we will be looking at what really happened because we do not want to preempt what what the reasons are that can be put forward but we will do that internal investigation and make sure that we get to the bottom of it and something like this has never happened before in the NPA and therefore we take it very seriously and we need to understand maybe there isn't a reason for an explanation for it but we are very clear that it is something that we do not want to see going forward.

[00:09:30]>> And on the same night, before we could sleep, we hear that a member of parliament allegedly called the businessman on Tuesday and told him to drop the case and allegedly promised him a lot of money. And then on Saturday morning, May 28, the businessman denied any of this. He said it did not happen.

[00:09:47]And then on Tuesday, May 26, we heard that the NPA is investigating the magistrate. What we have done is we have looked at the transcripts of all the the matters that when she presided on the 15th and the 18th and based on that we were able to determine that it is prudent on our side to then have a formal complaint lodged against the magistrates Doni because we believe that he should not have convened or preided over a matter where the state was not present because the state is the dominus leaders which basically means they are the ones who should be proiding convening this matters as the ones who are bringing the matters before court.

[00:10:28]And that we believe is a misconduct. but also the use of language uh that that that she she did when when she was uh pushing the prosecutor to come to court on Monday, the one that she used on Friday was also something that we looked at and then we felt that the major states commission will be a better platform where these matters can be ventilated and and finalized to protect the integrity of the criminal justice.

[00:10:53]And then today on Wednesday, May 27, the NPA officially reenrolled the case.

[00:10:58]>> Prosecutor himself, right? Yeah, we know uh the the prosecutor is is well. Uh we are completing the internal process that will look at actually what transpired because the initial information that came to us was that he got messages that he was going to be uh killed uh if he proceeds to court cuz he was on his way and he turned back. Um and we we understand right that is a natural reaction that when your life is threatened you would seek to ensure that you are safe. So, so that part is being completed as we speak. Hopefully I'll get the report in the next day or two and I will get to understand what transpired. Um, and if if what he said is verified and and and and he's vindicated, we'll uplift the suspension and he'll come back to to work.

[00:11:55]>> The matter was moved to Delma's magistrate court. The NPA filed a complaint against magistrate tulle du tongen and she has been criticized for how she handled the case and authorities insist that the case against Joe and his co-acused is still active and strong.

[00:12:10]>> Of course NDP a matter that has been at your desk for the last two weeks has been around this issue of the striking off the role of the matter involving Joe Ferrari. Breaking news that the matter will now be reenrolled. Let's start off with your reflections as to what exactly happened there to begin with.

[00:12:33]>> No, thank you very much for that question. I think the public needs to know that uh we remain committed to ensuring that we contribute to the fight against organized crime. This matter is one of those that really finds itself under the banner of the organized crime.

[00:12:52]is about extortion is about you know ensuring that uh we take action. So when the matter came up in court um on the Friday before before the Monday when it was track of the role the prosecutor indicated that he's unavailable for Monday and the magistrate went forward and using the language that is really uncodly if I were to put it that way. Uh and and and we take we took exception to that. Um and she continued and uh just made sure that the the court sits without the prosecution on Monday. Um so so so we found that uh uh quite unacceptable uh because it does happen you know I've been a prosecutor before I've been a magistrate before happen that parties to the litigation or parties to the prosecution are not are not available and they exchange dates and then you postpone it but this one was such that really this one was such that we would have expected that uh you know some inquiries is done to find out where the prosecutor was. But uh the public needs to know that the prosecutor we reached out to him and he indicated that he got information that uh there was a plan to kill him and and and he was on his way to court and he he went back. That is a natural instinctive way to to react. When your life is in danger, you go back. And the message did reach out to the prosecutor at the court at the Qua Fontaine. Uh and and and and the magistrate I am informed the magistrate was informed um by the senior prosecutor who was there that the prosecutor will be late because of the circumstances.

[00:14:45]>> Uh to our surprise uh the magistrate you know was in court. called the case and uh when when the when when the prosecutor wasn't there without any further inquiries the matter was struck of the role and our colleague was issued with a war warrant of arrest and found guilty. Now what what we are doing because we have found that uh legally unacceptable at least it's our reading.

[00:15:10]We have now launched an appeal, right?

[00:15:12]The papers have been filed. We are appealing against, you know, the the order and and and the legality of all that happened. What we are also doing is that we have reported the magistrate to the judic uh to the magistrate commission, right? Because we found her conduct to be injudicious. Uh and of course, it's for the magistrate's commission to carry that out and and and come up with a finding. With regard to the prosecutor, the prosecutor himself, we want to find out exactly what happened and that's why we have ordered an internal investigation. We should be completed in a day or two. I'll get the report that indicates what really happened. If what he said to us is vindicated by the report, we'll uplift the suspension. He'll come back to court, come back to it.

[00:15:59]>> I mean, Mr. Mativ, it's not the first time that prosecutors face danger because of the cases that they manage.

[00:16:05]And there's several issues that come up.

[00:16:07]It's the conduct of the magistrate. It's the conduct of the prosecutor, but there's also processes that usually get followed. There's usually a control prosecutor for an example. Um there's also the issue of whether or not he would have informed you on time, the prosecutor uh that is. And a question I suppose is whether or not it's normal to strike a matter off the role and whether you acted prematurely by releasing that statement before gathering the facts as you are now trying to do.

[00:16:35]>> Yeah. Uh certainly we didn't act prematurely. Uh we were faced up with a situation where a prosecutor was found guilty of uh contempt of court. Um and because we respect our courts, right? Um if we are to question our cause, there's a process that we need to follow and we are following that process, right? So we had to respond and react in a manner that serves the public interest to to ensure that we demonstrate that we take this situation serious. Okay. And we believe we have acted so. So now what we need to do is to ensure that we verify this is the internal investigation that's happening and we will do so in in a day or two as I say I'll get the report from an internal uh uh investigations. So, so, so, so we believe that we'll be able to set the record straight there. The conduct of the magistrate, there's a magistrate's commission that will look at that. The legality of what happened, there's an appeal process that will take care of that. So, so we believe that uh we we have really acted prudently when it comes to this situation in a manner that demonstrates that we take it serious.

[00:17:50]Now, with regards to the case itself, as I said, this the manner in which it was struck of the role. Look, matters get stuck of the role in cases, you know, regularly, but but the manner where which this one happened really uh left us uh much to desire what happened and hence the action we're taking. But uh the deputy, the director of public prosecution has worked around the clock.

[00:18:15]We're supporting him. The matter will be enrolled. Um they've planned for tomorrow.

[00:18:22]>> Yes, absolutely. And very briefly the and very briefly please NDP the dangers around this particular case and your concerns. Yeah, look um we we we we have of course uh in the in the process we've got a security division in in NPA but we're also working with the with the police right there's a assessment that has been done but the point that you're making right uh our prosecutors and the investigators on a daily basis faces risks that we have ensured that from a prosecution perspective we empower and ensure that the the the security measures are in place. So our security department acts proactively. They identify the prosecutions measures are in place to protect them.

[00:19:14]>> All right.

[00:19:14]>> And as it stands, it remains to be seen if there would be any other charges or extra charges added against the group.

[00:19:21]And this is in light with the alleged assassination threats. And it is important to note that the case has been moved to another jurisdiction altogether. It will appear in Delmas.

[00:19:50]What are your thoughts on this case?

[00:19:51]Let's talk in the comments. Thank you so much for watching. Please stay safe. I will see you on the next one.