The National Prosecuting Authority (NPA) has lodged a formal complaint with the Magistrates Commission against Chief Magistrate Ms Tuletu Tonjeni, following court proceedings in the matter involving Mr Madoda Johannes Sibanyoni and others in Kwaggafontein.
Joe “Ferrari” Sibanyoni and his co-accused are charged with extortion and money laundering.
The State alleges that between 2022 and 2025, the group unlawfully demanded “protection fees” from a businessman, reportedly linked to mining and infrastructure-related operations, amounting to about R2.2 million in total.
The complaint, filed on Tuesday by the Director of Public Prosecutions (DPP) in Mpumalanga, relates to proceedings held on 15 and 18 May 2026 in the State versus Sibanyoni and Others case.
According to the NPA spokesperson Kaizer Kganyago, the complaint stems from “serious concerns” about the manner in which Magistrate Tonjeni conducted the proceedings, which resulted in two controversial orders.
These orders include the conviction of a prosecutor for contempt of court, the issuing of a warrant of arrest against him, and the striking of the criminal matter from the court roll in terms of Section 342A of the Criminal Procedure Act 51 of 1977.
While the NPA has already lodged a notice of intention to appeal the contempt ruling and the arrest warrant, it said it deemed it necessary to escalate the matter to the Magistrates Commission for further scrutiny.
“The formal complaint is premised on serious concerns that the NPA has in the manner in which she conducted the court proceedings on 15 and 18 May 2026 that culminated in the two orders that she granted,” Kganyago said.
The NPA added that the matter raises broader institutional concerns.
“The NPA holds the firm view that the conduct reflected in the proceedings raises serious institutional concerns relating to judicial decorum, procedural fairness and the proper administration of justice,” Kganyago said.
It further said an investigation would serve to protect the integrity of the magistracy and ensure accountability.
“Investigation of the complaint to the Magistrates Commission would therefore serve the broader purpose of protecting the integrity of the Magistracy, ensuring accountability, and preventing recurrence of similar irregularities in future proceedings.”
National Director of Public Prosecutions Andy Mothibi said the process was important for restoring clarity and confidence in the justice system.
“This process will go a long way in protecting the image of the criminal justice system and in setting the records clear,” Mothibi said.
Kganyago confirmed the complaint had been formally submitted and said further enquiries could be directed to his office.
The National Prosecuting Authority has formally complained against Chief Magistrate Tonjeni following controversial proceedings in the Sibanyoni case, raising serious concerns about judicial conduct and the integrity of the justice system.
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