Taxi boss, Joe “Ferrari” Sibanyoni appeared alongside co-accused Mvimbi Daniel Masilela and Philemon Msiza at the Kwaggafontein Magistrate’s Court on Wednesday on charges of extortion and two counts of money laundering.
Image: Oupa Mokoena / Independent Newspapers
The case against taxi boss Joe “Ferrari” Sibanyoni turned tense at the Kwaggafontein Magistrate’s Court on Wednesday after his lawyer accused the state of being unprepared by requesting a postponement of the bail application.
The court postponed the matter to Friday.
His lawyer, Shaun Abrahams SC, claimed that the state was violating his constitutional rights
Sibanyoni appeared alongside co-accused Mvimbi Daniel Masilela and Philemon Msiza on charges of extortion and two counts of money laundering.
But proceedings were quickly overshadowed by a fierce legal battle over the State’s request to postpone the matter to Friday.
Prosecutors told the court investigations were still ongoing and more time was needed to gather evidence. The State also indicated that the bail application may not proceed because the magistrate expected to hear the matter was unavailable.
Inside Joe “Ferrari” Sibanyoni’s court case.
Image: Oupa Mokoena / Independent Newspapers
Abrahams strongly opposed the postponement and said the State had failed to properly prepare despite the investigation running for an extended period.
Abrahams also corrected prosecutors in court, arguing that the matter falls under Schedule 5 and not Schedule 6 of the Criminal Procedure Act.
Tensions escalated further when it emerged that the State had still not provided the defence with a charge sheet.
Magistrate J.T. Erasmus asked prosecutors whether the charge sheet had been handed to Abrahams. The state admitted it had not.
Abrahams confirmed this and told the court he needed the document to proceed with the bail application.
Despite this, the defence insisted it was ready to move forward.
Erasmus then revealed that he would not preside over the matter. He told the court he had initially been informed by the acting head of the Kwaggafontein office that the case would proceed before him on Wednesday.
However, after contacting the Chief Magistrate in Mbombela, he was informed that she would preside over the matter instead.
Erasmus requested that the case be postponed until Friday to allow the Chief Magistrate to take over proceedings.
Abrahams slammed the move, calling it unconstitutional.
“This tramples upon my clients’ rights,” he argued in court.
He questioned why Sibanyoni had been arrested if the National Prosecuting Authority (NPA) was not ready to proceed.
In another explosive claim, Abrahams said he had struggled to communicate with both the investigating officer and the NPA ahead of the hearing.
He told the court he had been blue-ticked by officials while trying to obtain information about the case.
According to Abrahams, the investigating officer’s cellphone was switched off and repeated attempts to make contact failed.
He said he later contacted Director of Public Prosecutions Advocate Sonja Nthuli, who promised to return his call because she was in meetings.
Abrahams said Nthuli later instructed him to communicate through text messages. He sent a request for the prosecutors’ contact details but had still not received a response by the time court proceedings began.
“I am still waiting,” he told the court.
The matter is expected to return to court on Friday.
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