The chief magistrate whose controversial judgment struck the extortion case against Joe “Ferrari” Sibanyoni and three co-accused off the court roll, and ordered the arrest of the state prosecutor for failing to appear, retired on Friday and may now escape formal disciplinary accountability for her decisions.
Chief Magistrate Tuletu Tonjeni of the Kwaggafontein Magistrates’ Court departed the bench on Friday amid reports that her office hosted a farewell party at a three-star wildlife estate and family resort on the R40 highway between Mbombela and White River. Sowetan has seen video footage from the event.
The timing has drawn sharp attention given that the National Prosecuting Authority filed a formal complaint against Tonjeni with the Magistrates Commission in the wake of her May 18 judgment, which found State Prosecutor Advocate Mkhuseli Ntaba in contempt of court for failing to appear at scheduled bail proceedings, authorised his warrant of arrest, and struck the extortion and money laundering case against Sibanyoni, Bafana Sindane, Mvimbi Masilela and Philemon Msiza from the roll.
Mbekezeli Benjamin, researcher and advocacy officer at Judges Matters, told Sowetan that the commission has no disciplinary jurisdiction over Tonjeni following her retirement. “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. The investigator will provide a report to the commission, which may only be noted but cannot be taken any further,” he said.
The Magistrates Commission issued a statement confirming receipt of the NPA’s complaint and said it would refrain from commenting publicly to preserve the fairness and credibility of its inquiry. Tonjeni declined to comment, citing a rule that presiding officers do not speak to the media.
The NPA’s appeal application against Tonjeni’s judgment will proceed regardless of her retirement, as the matter will be heard at the High Court and requires only that she provide written reasons for her judgment before the appeal can progress. NPA spokesperson Kaizer Kganyago confirmed awareness of her retirement but declined to elaborate on its implications for the authority’s complaint.
Sibanyoni and his co-accused are alleged to have extorted approximately R2 million from mining businessman Thomas Ntuli between 2022 and 2025, with the money constituting a so-called protection fee to allow his operations in Kwaggafontein to continue. The accused have all denied the allegations, and the NPA has committed to re-enrolling the matter despite the striking off.
Sibanyoni, who was also recently elected Second Deputy President of the South African National Taxi Council, remains one of South Africa’s most politically significant criminal accused and his case one of the most closely watched prosecutions in the country.