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The National Prosecuting Authority (NPA) has filed a formal complaint against the magistrate who struck the extortion case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni off the court’s roll.
Kaizer Kganyago, NPA spokesperson, said the complaint was premised on the manner in which magistrate Tuletu Tonjeni conducted the court proceedings on May 15 and 18.
“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,” said Kganyago.
“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.”
On May 15, a Friday, Tonjeni told prosecutor Mkhuseli Ntaba that he should be present in court the next Monday for the continuation of bail proceedings for Sibanyoni and his co-accused, Bafana Sindane, Mvimbi Masilela and Philemon Msiza.
Tonjeni said if she had to “shove it down his [Ntaba’s] throat she would”.
The next Monday, the 18th, Tonjeni found Ntaba in contempt of court and said she would authorise a warrant for his arrest.
She then struck the case against Sibanyoni and his co-accused off the court’s roll.
Sibanyoni and his co-accused are accused of extorting R2m from businessman Thomas Ntuli between 2022 and 2025. The money is alleged to have been a protection fee to allow him to operate his mine in Kwaggafontein. He laid charges against Sibanyoni and others in November last year.
The accused have all denied the allegations.
Sowetan
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