The National Prosecuting Authority (NPA) has called for the Magistrates Commission to expedite its investigation into former magistrate Tuletu Tonjeni's conduct in the extortion case against taxi boss Joe "Ferrari" Sibanyoni and others. This follows a High Court ruling that set aside a contempt conviction and arrest warrant against prosecutor Mkhulise Ntaba. The NPA had challenged the order handed down by Tonjeni in May, which found Ntaba in contempt of court for failing to appear in the Kwaggafontein Magistrate's Court.
The extortion case involves Sibanyoni and his co-accused, who face charges of extortion and money laundering for allegedly demanding over R2 million in protection money from a Mpumalanga businessman between 2022 and 2025. Tonjeni had ordered the bail applications to proceed despite Ntaba indicating he had commitments in another court on the same day. The State was not represented when the hearings took place, resulting in Sibanyoni and his co-accused being released. Ntaba was subsequently found in contempt of court, and a warrant was issued for his arrest.
The High Court ruling, handed down by Judge Langa on October 28, found that there was no justifiable basis for Ntaba's conviction and that the authorisation of the warrant was not legally sustainable. The judgment was welcomed by the NPA, which had indicated it would appeal the matter. NPA national spokesperson Kaizer Kganyago said the authority was happy with the ruling and hoped the Magistrates Commission would expedite its investigation into Tonjeni's conduct.
Kganyago stated that the NPA had referred the report to the Magistrates Commission and hoped the High Court judgment could now be used in the investigations. He emphasised the need for the investigation to be expedited, citing the threat of arrest that had been hanging over Ntaba's head. The NPA's call for an expedited probe comes as Sibanyoni and his co-accused face ongoing charges related to the extortion scheme.
The case has been ongoing, with Sibanyoni recently appearing before the Madlanga Commission, where he denied involvement in the extortion racket. His co-accused, Bafana "King of the Sky" Sindane, is also set to face the commission over the alleged extortion claims. The commission's examination of the alleged criminal syndicate has seen several key developments, including the recovery of messages from Sindane's phone that implicate him in the scheme.
The investigation into Tonjeni's conduct is seen as a critical aspect of the broader probe into the extortion scheme. The Magistrates Commission's investigation will examine whether Tonjeni acted improperly in ordering the bail applications to proceed without the State's representation. The outcome of the investigation could have significant implications for Tonjeni and the ongoing case against Sibanyoni and his co-accused.
The NPA's push for an expedited investigation into Tonjeni's conduct underscores the authority's commitment to ensuring that all aspects of the extortion case are thoroughly examined. As the case continues to unfold, it is likely to draw significant attention given the high profile of the accused and the alleged extent of the extortion scheme.
Key points
- The NPA is seeking to expedite the investigation into former magistrate Tuletu Tonjeni's conduct in the extortion case against taxi boss Joe "Ferrari" Sibanyoni and others.
- The High Court ruling set aside a contempt conviction and arrest warrant against prosecutor Mkhulise Ntaba, who had been found in contempt of court in the Sibanyoni case.
- The extortion case involves Sibanyoni and his co-accused, who face charges of extortion and money laundering for allegedly demanding over R2 million in protection money from a Mpumalanga businessman.
