The National Prosecuting Authority (NPA) is planning to re-enroll the extortion and money laundering case against well-known taxi boss Johannes Sibanyoni and others in the Kwaggafontein Magistrates Court in Mpumalanga.
This after the matter was struck off the roll after the prosecutor failed to appear in court.
“While this is disappointing, it is not a setback, as we are within our right and authority to reinstate the case once there is compliance with the legal provisions governing matters removed from the court roll in this manner.
“There is no room for impunity, as we remain resolute in our constitutional obligation to hold those accused of criminality accountable,” NPA Head Advocate Andy Mothibi said.
The prosecutorial body explained that it would be instituting disciplinary proceedings against the prosecutor who was found in contempt of court due to the non-arrival.
“On [Monday], the said prosecutor failed to arrive in court for the continuation of the bail application, and that resulted in the matter being struck off the court roll and a warrant of arrest was authorised against him. The implications of this turn of events mean that it can only be reinstated upon a written authorisation by the Director of Public Prosecutions: Mpumalanga Division.
“[The] prosecutor will be suspended pending the institution of appropriate disciplinary action.
“While the Magistrate is within his or her prerogative to invoke the relevant section of the Criminal Procedure Act, we will reflect on the order and determine if it is the best legally available mechanism to deal with the matter,” the NPA said.
The public has been urged to “exercise patience while we deal with the matter internally through appropriate disciplinary action and externally with the South African Police Service”. – SAnews.gov.za
