NPA files complaint against magistrate in Joe Sibanyoni case
The director of public prosecutions in Mpumalanga has filed a formal complaint against the magistrate in the extortion case involving Joe 'Ferrari' Sibanyoni and his co-accused.
The National Prosecuting Authority (NPA) has lodged a formal complaint with the Magistrates Commission following controversial proceedings in the Kwaggafontein Magistrates Court earlier this month.
The matter stems from a decision by Magistrate Tuletu Tonjeni, who issued a warrant of arrest for the prosecutor handling the case after finding him in contempt of court for failing to appear during bail proceedings.
NPA spokesperson Kaizer Kganyago said the authority believed the magistrate’s conduct and the orders issued raised “serious concerns” regarding procedural fairness and the administration of justice.
“The two orders relate to the conviction of the prosecutor for contempt of court, authorisation of the warrant of arrest against him, and the striking of the criminal case off the roll,” Kganyago said.
He added that while the NPA had already filed a notice seeking leave to appeal the contempt ruling and the warrant of arrest, it had also deemed it necessary to escalate the matter to the Magistrates Commission.
“Inasmuch as we have filed a notice for leave to appeal the contempt of court order and the authorisation of the warrant of arrest, we deem it prudent that we file a formal complaint with the Magistrates Commission,” he said.
In an in-house podcast interview, National Director of Public Prosecutions Advocate Andy Mothibi said the NPA was investigating claims by the prosecutor that he failed to appear in court because he feared for his safety.
Kganyago said the complaint against Tonjeni could have far-reaching implications for the criminal justice system.
“Advocate Mothibi believes that this process will go a long way in protecting the image of the criminal justice system and in setting the record straight,” he said.
Meanwhile, the NPA confirmed last week that it had begun the process of reinstating the case against Sibanyoni, Mvimbi Daniel Masilela, Philemon Msiza and Bafana Sindane.
The four accused face charges linked to allegations that they demanded more than R2.2 million in protection fees from a local businessman between 2022 and 2025.
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