WATCH | Complaint against magistrate in Joe ‘Ferrari’ case to be fast-tracked

The Magistrates Commission has asked its ethics committee to consider, out of turn, a complaint against retired Mpumalanga chief magistrate Toletu Tonjeni this month.

Tonjeni left her position last Friday, days after the National Prosecuting Authority (NPA) filed a complaint against her over her conduct related to the case of Mpumalanga taxi boss Joe “Ferarri” Sibanyoni and his co-accused.

Tonjeni struck off the roll the extortion case against Sibanyoni, Bafana Sindane, Mvimbi Masilela and Philemon Msiza when prosecutor advocate Mkhuseli Ntaba failed to show up in court.

She found Ntaba in contempt of court and said she would authorise his warrant of arrest. The NPA subsequently suspended Ntaba.

It has since emerged Ntaba feared for his life after he received threatening messages and was advised of a plot to eliminate him while travelling to court on the day.

The NPA has since re-enrolled the matter in the Delmas magistrate’s court.

Tonjeni’s retirement raised concern that she could escape accountability on the matter after an expert said the commission had no disciplinary jurisdiction over her since she had retired.

However, the Magistrates Commission said it appreciated that Tonjeni’s complaint is in the public interest and has requested the ethics committee to consider the matter out of turn during its meeting scheduled for mid-June.

“The commission once again appeals to the media and the public to allow it the opportunity to follow due process to address this complaint, and extends its sincere gratitude in advance to all for understanding,” the commission said in a statement on Wednesday.

It said Tonjeni announced her intention to retire in July last year , and her retirement was set to take effect on May 31 2026.

Sowetan reported Tonjeni had her farewell party last Friday at a three-star wildlife resort situated between Mbombela and White River.

On Wednesday, NPA spokesperson Kaizer Kganyago said they have lifted Ntaba’s suspension.

Kganyago said their office of ethics and accountability (OEA) submitted an interim report into the circumstances that led to Ntaba’s absence in court.

On receipt of the report, NPA head advocate Andy Mothibi, in consultation with Mpumalanga director of public prosecutions advocate Sonja Mothibi, ordered the withdrawal of the suspension and for Ntaba to return to work.

“The decision to withdraw the suspension letter is based on the verified version of advocate Ntaba relating to his safety and by the OEA’s view that advocate Ntaba has co-operated with them and there is no likelihood he will interfere with the outstanding investigations,” said Kganyago.

Last month Sowetan reported Ntaba, while on his way to court for the continuation of a bail hearing, suddenly made a U-turn due to “threats”.

Kganyago said regarding the leave to appeal against the order for contempt of court and warrant of arrest “our legal team received written reasons requested from chief magistrate Tonjeni and supplemented our grounds for appeal accordingly”.

“We are awaiting the date of the hearing of the leave to appeal from the clerk of the Kwaggafontein magistrate’s court,”

Sibanyoni and his co accused presented themselves at the Delmas magistrate’s court last week, where they were released on R70,000 bail each and the matter was postponed to September 1 2026.

He 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.