The defence also raised concerns about the state's handling of the case docket and its failure to provide a final charge sheet.
The extortion case involving prominent taxi industry figure Johannes “Joe Ferrari” Sibanyoni and his three co-accused has been postponed until next month, as the defence prepares to challenge some of the conditions attached to their bail.
Sibanyoni, Mvimbi Daniel Masilela, Philemon Makhaya Msiza and Bafana Oupa Sindane appeared before the Delmas Magistrate’s Court on Tuesday, 1 September 2026.
The four men, who are out on bail of R70 000 each, are facing one count of extortion and two counts of money laundering.
The state alleges that the accused targeted Mpumalanga businessman Thomas Thengane Ntuli, forcing him to pay more than R2.2 million in alleged protection fees between 2022 and 2025.
The latest court appearance centred largely on outstanding matters between the defence and the prosecution.
Prosecutor Mokgoro Phaladi requested that the matter be postponed while the defence prepares an application expected to be brought on 4 September.
The state is expected to file its replying affidavit on 5 October.
Representing Sibanyoni, former national director of public prosecutions (NDPP) Shaun Abrahams told the court that the accused were seeking an amendment to their bail conditions.
“One of the bail conditions of our clients, that’s all the accused, are to report to a police station every alternate week and all the accused have been appearing as arranged with the state and as per the bail condition.
“We are in discussion with the state in respect of the amendment of these bail conditions,” he said.
Abrahams alleged a problem with the police’s verification process, arguing that officers responsible for confirming the accused’s compliance failed to do so.
“The police are unable to confirm whether our clients have been reporting, and we have provided the proof to the state that we have been reporting,” the former NDPP told the court.
“The question must be what is the purpose of this reporting if the state themselves have not verified our clients’ reporting at the police station as previously been arranged,” Abrahams continued.
Should the defence and state fail to reach an agreement, Abrahams indicated that the accused would formally ask the court to amend the condition at the next appearance.
The defence also raised concerns about the state’s handling of the case docket and its failure to provide a final charge sheet.
Abrahams said the defence has requested further particulars from the prosecution and wanted access to documents relevant to the case.
“At this stage, our request is strictly confined to the discovery of documents and, of course, issues relating to the contents of the docket that have been disclosed to us,” he said, adding that the case docket was delivered four weeks late.
The defence wants the final charge sheet before 5 October.
The former NDPP told the court that the delays were prejudicing the accused and raised concerns about their constitutional right to a fair and speedy trial.
He described the state’s conduct as “unacceptable”.
“We are raising these issues specifically because they are materially and substantially prejudicial to our clients.
“This matter has been investigated for such a long time; we should have had the final charge sheet by now.”
The case has now been postponed to 20 October.
The case has already encountered setbacks.
It was previously heard at the Kwaggafontein Magistrate’s Court, where it was struck off the roll on 18 May after then-state advocate Mkhuseli Ntaba failed to appear.
Retired Mpumalanga Chief Magistrate Tule-tu Siphokazi Tonjeni responded by issuing a warrant of arrest for Ntaba.
Ntaba was subsequently suspended, but returned to work in June after the National Prosecuting Authority (NPA) conducted an internal investigation.
The controversy surrounding the previous proceedings has not ended there.
Tonjeni retired from the bench on 29 May, but is now herself the subject of an investigation by the Magistrates Commission after a complaint was filed.
