The National Prosecuting Authority (NPA) has withdrawn the suspension of Advocate Mkhuseli Ntaba and allowed him to return to work, following an interim investigation into the dramatic collapse of the high-profile extortion and money laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused.

In a statement issued on Wednesday, National Director of Public Prosecutions (NDPP) Adv Andy Mothibi confirmed that the NPA’s Office for Ethics and Accountability (OEA) had submitted an interim report into the events that unfolded on 15 and 18 May at the Kwaggafontein Magistrate’s Court. The report found that further investigations were still required before a final report could be completed.

Mothibi said the decision to withdraw Ntaba’s suspension was based on a verified account provided by the prosecutor regarding concerns for his safety, as well as the OEA’s finding that he had cooperated fully with investigators and was unlikely to interfere with the remaining inquiry.

“The letter of suspension in respect of Adv Ntaba has been withdrawn and he will be allowed to return to work,” the NPA said.

The controversy began on 18 May when Ntaba failed to appear in court for the continuation of bail proceedings involving Sibanyoni and his co-accused, Bafana Sindane, Mvimbi Masilela and Philemon Msiza. The four men are accused of extorting more than R2.2 million in so-called protection fees from a Mpumalanga mining businessman between 2022 and 2025 and also face money laundering charges.

The absence of the prosecutor triggered extraordinary scenes in court. Chief Magistrate Tuletu Tonjeni found Ntaba in contempt of court, authorised a warrant for his arrest and struck the case from the roll after a successful application by defence lawyer and former National Director of Public Prosecutions, Shaun Abrahams.

The NPA reacted swiftly at the time, serving Ntaba with a suspension letter and announcing disciplinary proceedings. Mothibi described the incident as disappointing and unprecedented, while Justice Minister Mmamoloko Kubayi publicly welcomed the suspension and called for accountability.

However, questions soon emerged about the circumstances surrounding Ntaba’s disappearance from court. Reports surfaced that threats may have been directed at officials connected to the case. The NPA later clarified that the prosecutor had not been officially declared missing and launched an internal investigation to determine exactly what had happened.

The matter subsequently escalated into a dispute between the NPA and Magistrate Tonjeni. Prosecutors lodged an appeal against the contempt finding and warrant of arrest, while also filing a formal complaint with the Magistrates’ Commission. The NPA argued that aspects of Tonjeni’s conduct raised concerns about judicial decorum, procedural fairness and the administration of justice.

NPA spokesperson Kaizer Kganyago previously said the authority had reviewed court transcripts and believed there were sufficient grounds to pursue a complaint against the magistrate. The prosecuting authority also indicated that Tonjeni should face consequences if wrongdoing was established.

In a further twist, it emerged this week that Tonjeni has retired. Reports indicate that her retirement came shortly after the complaint was lodged with the Magistrates Commission, effectively ending the possibility of disciplinary proceedings against her through the commission’s normal processes.

Meanwhile, the NPA succeeded in re-enrolling the case in the Delmas Magistrate’s Court, where Sibanyoni and his co-accused were granted R70,000 bail. The matter has been postponed until 1 September 2026.

Mothibi said he had requested that the OEA include recommendations in its final report on improving security arrangements for prosecutors and strengthening quality assurance measures within the NPA to prevent a repeat of the incident.

The NPA also confirmed that it is awaiting a hearing date for its application for leave to appeal against the contempt ruling and warrant of arrest issued against Ntaba. The authority said it remains committed to handling the matter fairly while safeguarding both the integrity of the institution and the interests of the prosecutor involved.