DPP files complaint against Chief Magistrate Tonjeni after Joe Sibanyoni case collapse
· Citizen
The Director of Public Prosecutions (DPP) has lodged a complaint against Chief Magistrate Tuletu Tonjeni after her handling of the case involving prominent businessman and taxi boss Joe “Ferrari” Sibanyoni led to it being struck off the roll.
Visit h-doctor.club for more information.
The DPP filed a formal complaint with the Magistrates Commission against Tonjeni on Tuesday.
DPP reports Chief Magistrate Tonjeni to Magistrates Commission
The DPP based its complaint on serious concerns the National Prosecuting Authority (NPA) raised about how Tonjeni conducted the court proceedings on 15 and 18 May.
The extortion and money laundering case against Sibanyoni and his three co-accused, Mvimbi Masilela, Philemon Msiza, and Bafana Sindane, was struck off the roll on 18 May.
This is after State Prosecutor Mkhuseli Ntaba failed to show up in court to oppose the accused’s bail application.
Following this, Tonjeni granted two orders related to Ntaba’s conviction for contempt of court and the authorisation of a warrant of arrest against him.
On Friday, the NPA in Mpumalanga filed an application for leave to appeal the two orders.
Notice for leave to appeal two orders
National Director of Public Prosecutions (NDPP) Adv Andy Mothibi said on the same day that he had appointed a legal team, led by senior counsel, to advise on the way forward regarding the decision to strike the matter off the roll.
“Inasmuch as we have filed a notice for leave to appeal against the contempt of court order and the authorisation of a warrant of arrest, we deem it prudent that we consider the filing of a formal complaint with the Magistrates Commission,” NPA national spokesperson Kaizer Kganyago said on Tuesday.
Kganyago added that the NPA is adamant that the conduct shown in the proceedings raises serious institutional issues to judicial decorum, procedural fairness, and the proper administration of justice.
He said that, therefore, investigating the complaint to the Magistrates Commission will help to ensure accountability, safeguard the integrity of the Magistracy and stop similar irregularities from happening again in future proceedings.
“This process will go a long way in protecting the image of the criminal justice system and in setting the records clear,” Mothibi said.
Charges
Prosecutors charged Sibanyoni, Sindane, Msiza, and Masilela with extortion and money laundering for allegedly forcing a Nkangala businessman to pay R2.2 million in protection fees between 2022 and 2025.
The suspects reportedly threatened to shut down the victim’s business, and moved payments through multiple accounts to hide the source.
Police arrested three suspects on 12 May, while Sindane later surrendered.