In South African criminal proceedings, the absence of a prosecutor without explanation can result in the case being struck off the court roll, as demonstrated by the Joe Sibanyoni case where a suspended prosecutor's no-show caused the case to collapse, leading to the prosecutor being found in contempt of court and the case requiring formal reinstatement by the Director of Public Prosecutions under Section 42 Capital A of the Criminal Procedure Act.
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🔴“Joe Sibanyoni Case Gets DARKER As Prosecutor Goes Missing!”Added:
Hey, Sarah.
>> Big time, >> guys. This Joe story is becoming a movie now.
>> How a man. First, the magistrate doesn't pitch.
>> Then, boom, now the prosecutor also disappears.
>> Hi, Suka. At this rate, Netflix must just buy the rights. Go by this thing is too much.
>> Previously on Quaga Fonten.
>> But guys, breaking news. The NPA is reportedly unable to locate the suspended prosecutor >> after his no-show caused Joe Ferrari Siboni and co-acused extortion and moneyaundering case to collapse in court.
>> Yo, >> and remember guys, this was a very high-profile case.
>> Very high-profile.
>> The accused were expected to apply for bail.
>> Then suddenly the prosecutor just vanishes.
>> And guys, the magistrate was apparently furious.
>> Very furious. The prosecutor was found in contempt of court >> and a warrant of arrest was issued for him.
>> Yo, imagine ruining your whole legal career in jail like that.
>> For what exactly?
>> That's the big question.
>> Because prosecutors don't just skip major cases for no reason.
>> Especially cases involving alleged dangerous taxi bosses.
>> Exactly.
Something strange means what? And the reason I'm I'm going into it, Kaiser, is this is a moment where South Africans are looking at these big cases and you think the prosecution wouldn't have triggered if the police together with yourselves didn't believe you had a very strong prosecutable case.
>> No, definitely. And that's why I say we don't want to because we we're still in the investigation stage and you have heard yesterday that we've suspended the prosecutor so that he can be able to then be given an opportunity, a fair opportunity to explain what really happened. But we are also doing our own investigation. Therefore, until that is done, we cannot say this is exactly what we think happened. We can only say that maybe possibly by end of today we will know what is going what is happening.
>> So the case is struck off the role but it's not the end of the road for this case. No definitely and I want the public to understand that when it is struck off the role it means we can re bring it back onto the the role and that can only be done when the n the director of public prosecution in Bumalanga then right back to the court to reenroll this matter and that is going to happen >> how soon do you think that's going to happen? No, the the instruction has already been made uh to the director of public prosecution to do that and therefore the sooner she possibly by today they will then finalize in this meeting that they having this morning to then reenroll this matter but it will be reenrolled.
>> Let's talk about the strange aspect uh this negotiation between the availability of prosecutors during the course of court business. Is is that normally normal and does the court generally try to work with that availability? No, definitely it happens all the time where not only with the prosecutors but also with the lawyers that are representing the people they will always look at their diaries and and then correspond with each other until they find a suitable date that is available. Therefore, that is not not something that is new.
>> Here's the thing in the daily news today. You've got another prosecutor, your prosecutor who was still is attached to IDA, which is the independent director against corruption.
um which is an important unit set up to do the thing that he's accused of doing which is of allegedly being corrupt in taking bribes from somebody who wanted a fraud case quashed. This again is another blow to the NPA's reputation.
No, it is a blow and and I think people need to understand that we we are here at the moment to make sure that things like that do not continue to happen because if they were happening, it is something that we will be stopped because now the new NDPP is very clear once we got the the referral or the inquiry around this matter. We have referred this matter to our internal investigation and ethics unit that is looking into it and then we will deal with it. We have said it very publicly that we will protect our prosecutors all the time, but when they do wrong things, we are not going to protect them. They need to understand that.
>> Kaiser, how disturbing a moment was this for you as the NPA? We got Andy Andy Motibi's statement saying that he was shocked and disappointed.
>> 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 Bumalanga 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 Whoever would have done this will have to feel the roth of the law.
>> When you say there are lots of things happening, what do you mean?
>> 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 and 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 had will just have to take the matter forward.
>> And honestly Sarah what worries me is that law enforcement doesn't seem even panicked enough about this disappearance.
>> That part >> because how does a prosecutor handling such a sensitive case just disappear >> and Aand acting normal?
>> Oh I know man.
>> Especially when it's alleged these guys are dangerous people.
>> Very dangerous.
>> Now suddenly the prosecutor linked to their case is nowhere to be found. Nah, guys, something doesn't feel right here.
>> And can we talk about the pattern quickly?
>> Exactly.
>> First, the magistrate doesn't appear.
>> Now, the prosecutor disappears.
>> Then, the case gets struck off the row.
>> And everybody walks out smiling.
>> Guys, we are not accusing anyone of anything.
>> But surely everybody can understand why people are suspicious.
>> Very suspicious.
>> And another thing, >> why would a prosecutor risk their career like this?
>> Exactly.
>> Now, there's a warrant for arrest, >> suspension, >> public embarrassment. So clearly something serious happened here.
>> Or maybe someone got scared.
>> Either way guys, >> nothing stays hidden forever, >> especially nowadays with screenshots and voice notes everywhere.
>> Phones are finishing people these days, eh?
>> Abantu must fear WhatsApp now.
>> And guys, we must be careful not to rush ahead of evidence.
>> True.
>> But one thing we can all see, >> Zia Kal >> big time.
>> And this thing is far from over.
>> This is South African political lens.
>> Same lens. No fear, >> no favor.
>> This is unprecedented.
NPA was established on 1 August 1998 and it has never happened in the history of the prosecution that a prosecutor does not arrive in court with no explanation up to now and he is convicted of contempt of court. A warrant of arrest is authorized against him. now is sought after by law enforcement resulting in a case that involve extortion and money laundering which are serious offenses to be struck off the role in circumstances where once you invoke section 42 capital A of the criminal procedure act. It can only be reenrolled or reinstated upon written authorization by the director of public prosecutions in the division under whose jurisdiction the matter fall. It is on that basis that in the absence of any explanation up to now the national director had an engagement with the director of public prose in Bumalanga and labor relations unit and a decision was taken to suspend the prosecutor and to institute disciplinary action against him. Now there are two uh interests that you need to balance. You've got a prosecutor who's now been convicted of contempt of court in an unprecedented scenario. You have accused persons that now have walked free.
>> Yeah.
>> The matter struck off the role. What do you then do?
>> Mhm.
>> In as much as right now, the difficulty we have is that we don't have an explanation of why the prosecutor did not arrive in court and therefore prose the NPA had to act on two issues. the issue that relates to the prosecutor being convicted and the um knock on effect on the case itself.
>> Yeah. So, you're saying that you don't have an explanation, but what lines of inquiry are you following? I imagine that it starts with that prosecutor's manager picking up the phone, trying to get hold of him.
>> Uh colleagues doing the same. PO perhaps even the uh director of public prosecutions in Bumalanga even trying that what has that revealed also in addition with what he had foregrounded in the hearing uh on Friday last week >> the difficult is that we are not privy to the proceedings uh that unfolded on Friday we only confronted with what happened today and inquiries have been made by the national office unfortunately we could not get any information as to his whereabouts which was what culminated in the decisive steps that have been taken by the NPA and I'm saying to you in the absence of any explanation if you are in our position confronted with a catastrophic scenario of accused persons walking in circumstances where the merits of the case against them were not validated.
You would act in the manner in which we had to
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