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The Mpumalanga chief magistrate who struck the extortion case against Joe “Ferrari” Sibanyoni and co-accused off the roll might not have to account for her decision.
This is after she retired on Friday.
Sowetan has learnt that on Friday, the office of chief magistrate Tuletu Tonjeni hosted a farewell party for her at a three-star wildlife estate and family resort located on the R40 highway between Mbombela and White River. Sowetan has also seen some of the videos of the event.
Mbekezeli Benjamin, researcher and advocacy officer from Judges Matter, told Sowetan the Magistrates Commission has no disciplinary jurisdiction over her since she has retired.
“Regulations 26 of the 1994 regulations to the magistrate court allows the commission to appoint an investigator to conduct a preliminary investigation into the nature of the misconduct, and whether prima facie grounds of misconduct exist,” said Benjamin.
“The investigator will provide a report to the commission, which may only be noted but cannot be taken any further,” he said.
Tonjeni recently came under the spotlight due to her judgment against state prosecutor advocate Mkhuseli Ntaba, who failed to show up in court for the continuation of Sibanyoni‘s bail.
She found Ntaba in contempt of court, and said she would authorise his warrant of arrest and struck off the roll the extortion case against Sibanyoni, Bafana Sindane, Mvimbi Masilela and Philemon Msiza.
As a result, the National Prosecuting Authority (NPA) has filed a formal complaint against Tonjeni and an appeal application against her judgment.
According to Benjamin, the appeal will go ahead after Tonjeni gives written reasons for her judgment.
The NPA’s appeal application will proceed at a high court and Tonjeni’s retirement will have no impact on the proceedings.
NPA spokesperson Kaizer Kganyago last week told Sowetan the NPA was aware of Tonjeni’s retirement but declined to comment on what it means for their complaint.
Tonjeni declined to comment, stating the Magistrates Commission does not allow presiding officers to speak to the media.
Sowetan has sent questions to the commission, but it had not responded at the time of publishing.
On Thursday, the commission issued a statement in which it confirmed receipt of the NPA’s complaint.
In the statement the commission said to preserve fairness and credibility of the inquiry, it will refrain from engaging about the process in the media pending the outcome.
Sibanyoni and his co-accused are alleged to have extorted R2m from businessman Thomas Ntuli between 2022 and 2025.
The money is believed to have been a protection fee to allow him to operate his mine in Kwaggafontein.
He laid charges against the group in November last year. The accused have all denied the allegations.
Sowetan
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