The extraordinary fallout from the collapse of the Joe “Ferrari” Sibanyoni extortion case has escalated into an unprecedented showdown between South African prosecutors and the judiciary after the National Prosecuting Authority (NPA) formally lodged a complaint against the magistrate who struck the matter off the roll.
The Director of Public Prosecutions in Mpumalanga on Tuesday filed a formal complaint with the Magistrates Commission against Chief Magistrate Tuletu Tonjeni, who presided over proceedings involving Sibanyoni and his co-accused on May 15 and May 18.
The move marks a dramatic new chapter in a legal saga that has gripped Mpumalanga and drawn national attention after prosecutor Mkhuseli Ntaba failed to appear in court, leading to the extortion and money laundering case being struck off the roll.
Tonjeni subsequently convicted Ntaba of contempt of court and authorised a warrant for his arrest. Now the NPA is fighting back.
In a strongly worded statement, the prosecuting authority said it had serious concerns about how Tonjeni conducted the proceedings and the orders that followed.
“The formal complaint is premised on serious concerns that the NPA has in the manner in which she conducted the court proceedings on 15 and 18 May 2026 that culminated in the two orders that she granted,” said NPA national spokesperson Kaizer Kganyago.
The complaint centres on the magistrate’s decision to convict the prosecutor for contempt of court, authorise a warrant of arrest against him, and strike the criminal case off the roll in terms of Section 342A of the Criminal Procedure Act.
Leave to appeal
The NPA said it had already filed notice of its intention to seek leave to appeal the contempt finding and warrant of arrest but believed the matter raised broader concerns that required intervention by the Magistrates Commission.
“In as much as we have filed a notice for leave to appeal against the contempt of court order and the authorisation of a warrant of arrest, we deem it prudent that we consider the filing of a formal complaint with the Magistrates Commission,” said Kganyago.
The prosecutor’s failure to appear in court triggered national controversy and fuelled speculation that powerful interests may have interfered with the case against Sibanyoni, Pretoria taxi boss Bafana “King of the Sky” Sindane, Phillmon Makhaya Msiza and Mvimba Daniel Masilela.
The accused face allegations that they extorted more than R2.2 million from a businessman between 2022 and 2025 while threatening to shut down his operations. They have not pleaded to the charges.
The NPA has repeatedly rejected claims that the case collapsed because money changed hands and has insisted that investigators still have a strong case.
Kganyago said the complaint against Tonjeni was not simply about one case but about protecting confidence in the justice system.
“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,” he said.
Protecting public confidence
He added that an investigation by the Magistrates Commission would help safeguard the integrity of the courts.
“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,” said Kganyago.
National Director of Public Prosecutions advocate Andy Mothibi said the complaint was necessary to protect public confidence in the criminal justice system.
“This process will go a long way in protecting the image of the criminal justice system and in setting the records clear,” said Mothibi.
The latest development deepens one of the most explosive legal battles in recent Mpumalanga history, pitching the prosecuting authority directly against a chief magistrate while the fate of a high-profile extortion case hangs in the balance.
- This story has been updated
- The National Prosecuting Authority (NPA) has filed a formal complaint against Chief Magistrate Tuletu Tonjeni.
- The complaint relates to the magistrate's handling of the extortion case involving taxi boss Joe "Ferrari" Sibanyoni.
- The director of public prosecutions in Mpumalanga lodged the complaint.
- The NPA announced the filing of the complaint on Tuesday afternoon.
- The case and complaint have drawn attention due to Sibanyoni's controversial status in the taxi industry.
Tonjeni subsequently convicted Ntaba of contempt of court and authorised a warrant for his arrest. Now the NPA is fighting back.
In a strongly worded statement, the prosecuting authority said it had serious concerns about how Tonjeni conducted the proceedings and the orders that followed.
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“In as much as we have filed a notice for leave to appeal against the contempt of court order and the authorisation of a warrant of arrest, we deem it prudent that we consider the filing of a formal complaint with the Magistrates Commission,” said
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He added that an investigation by the Magistrates Commission would help safeguard the integrity of the courts.
“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,” said
National Director of Public Prosecutions advocate
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