The National Prosecuting Authority has launched an urgent legal fightback after a court ruling in the Kwaaggafontein matter convicted a prosecutor of contempt of court and authorised a warrant of arrest against him.
The matter is linked to the high-profile Kwaggafontein case involving prominent Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and two other suspects, who were arrested in connection with an alleged extortion case.
In a press release dated 22 May 2026, the NPA confirmed that the Director of Public Prosecutions in Mpumalanga has filed an application for leave to appeal against orders granted by Chief Magistrate Madam T. Tonjeni on 18 May 2026.
According to the NPA, the orders being challenged include, among others, the conviction of the prosecutor for contempt of court and the order authorising a warrant of arrest against him.
The NPA said the filing of the application for leave to appeal automatically suspends the orders until the appeal process is heard and finalised.
In addition to the appeal notice, the DPP has also filed a formal request for written reasons for the orders. The NPA said this was done so the grounds of appeal can be supplemented if necessary.
National Director of Public Prosecutions Advocate Andy Mothibi, in consultation with the DPP, has already enlisted the services of a legal team led by a reputable Senior Counsel.
The legal team will advise on the approach to be adopted regarding the order granted under Section 342A(3)(c) of the Criminal Procedure Act 51 of 1977, which struck the criminal case off the court roll.
The NPA said it is hopeful that the magistrate will respond to the request for written reasons within a reasonable time because of the urgency of the matter.
Advocate Mothibi also assured the public that the NPA will remain resolute in its efforts to serve as the vanguard for vulnerable members of the public in line with its constitutional obligation.
The case is expected to draw major legal attention because it now combines two explosive elements: a high-profile extortion matter involving Joe “Ferrari” Sibanyoni and a rare legal clash over a prosecutor facing a contempt conviction and arrest order.