The prosecutor will be suspended pending the institution of appropriate disciplinary action.

Special Director of Public Prosecutions Advocate Mthunzi Mhaga said this follows a court appearance of the accused persons in the matter of State versus Madoda Johannes Sibanyoni and others, wherein the accused face charges of extortion and money laundering.

“On 18 May 2026, 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.

“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,” he said.

Mhaga said the National Director of Public Prosecutions (NDPP), Advocate Andy Mothibi, has expressed his shock and dismay at this turn of events and appeals to the public to exercise patience while we deal with the matter internally through appropriate disciplinary action and externally with the South African Police Service (SAPS).

“The Director of Public Prosecutions is engaging with the investigating officer with a view to facilitating the re-enrolment of the case. 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,” said Mothibi.

Meanwhile, the SAPS in Mpumalanga believe that there is still a strong case against the four suspects in the Kwaggafontein extortion matter, despite what has transpired in Court on Monday.

SAPS said it has noted that the matter was struck off the court roll after the prosecutor failed to appear in court.

“The SAPS Mpumalanga Organised Crime Unit maintains that it still has a strong case despite the latest developments. The Organised Crime Investigation was conducted, hence all four suspects were arrested, and the case was initially enrolled; then the bail application process was initiated.

“Strong evidence against the suspects with regard to the matter remains intact.

It should also be noted that reports alleging that SAPS investigating officers were not present in court are false. The investigating team arrived in court at 08:45 this morning (18 May 2026),” the statement reads.

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