Kwaggafontein – The National Prosecuting Authority (NPA) has not been able to locate prosecutor Mkhuseli Ndaba, who was suspended after he failed to report for duty in a high-profile case involving prominent taxi boss Joe “Ferrari’ Sibanyoni and three other co-accused.
As a result of prosecutor Ndaba’s no-show on Monday, 18 May 2026, the extortion matter was struck off the roll, and all four accused – Sibanyoni, Bafana “King of Sky” Sindane, Mvimbi Masilela, and Philemon Msiza – were freed from custody.
RELATED: Extortion Case Struck Off The Roll: Joe ‘Ferrari’ Sibanyoni, Co-Accused, Freed – The Bulrushes
Magistrate Tule-tu Tonjeni issued a warrant of arrest for the prosecutor after finding him guilty of contempt of court in his absence.
Soon after that, the NPA stated that it had suspended the errant prosecutor.
Spokesperson Monica Nyuswa told The Bulrushes: “The NPA is instituting disciplinary action against the prosecutor convicted of contempt of court in Kwaggafontein Magistrate’s Court, Mpumalanga, on Monday, 18 May 2026.
“To this end, the prosecutor will be suspended pending the institution of appropriate disciplinary action.”
However, alarm bells are now sounding after the NPA failed to locate prosecutor Ndaba.
Reports say the prosecutor, who had informed the court he was running late before his no-show, has not been heard from since then.
The NPA was quoted as saying: “For now, it is unclear about the whereabouts of the suspended prosecutor”.
Meanwhile, Justice and Constitutional Development Minister Mmamoloko Kubayi said she welcomes the swift action taken to suspend the prosecutor pending the institution of appropriate disciplinary action by the NPA.
Minister Kubayi expressed disappointment and regret at the events at the Kwaggafontein Magistrate’s Court.
“It is in the interest of justice that the accused persons are given an opportunity to respond to the charges brought against them in the court of law,” said Minister Kubayi.
“Technical lapses of this nature, especially by state institutions, must be avoided so that the public does not lose confidence in our justice system.”
Minister Kubayi implored the NPA to put in place systems and processes to prevent such incidents from happening again.
The NPA has indicated that it intends to put the extortion matter back on the court roll.
“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,” stated the National Director of Public Prosecution, Advocate Andrew Mothibi.
