Retired magistrate Tonjeni under investigation as suspended prosecutor in Joe ‘Ferrari’ case returns to work
· Citizen
The Magistrates Commission has confirmed the retirement of Tuleto Tonjeni, the former chief magistrate who presided over the high-profile bail application of taxi boss Joe “Ferrari” Sibanyoni and others at the Kwaggafontein Magistrate’s Court.
Tonjeni formally notified the commission on 9 July 2025, in terms of section 13(1) of the Magistrates Act, of her intention to retire effective 31 May 2026. Her last working day was Friday, 29 May 2026.
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Complaint
On that same day, the commission received a supplementary complaint from the National Prosecuting Authority (NPA).
The Magistrates Commission said it will continue to investigate Tonjeni despite her retirement on Friday.
The commission’s ethics committee chairperson, Advocate Naomi Manaka, said the commission received a supplementary complaint from the NPA on the day of Tonjeni’s retirement.
“The initial complaint was registered by the commission under reference 234/2026. The allocated number signifies the sequence among other complaints registered in the year 2026.
“The initial complaint had already been registered under reference 234/2026, with the number reflecting its sequence among other complaints filed this year,” Manaka said.
The complaint against Tonjeni centres on her conduct during Sibanyoni’s bail proceedings on 15 and 18 May.
Scrutiny
Tonjeni is now facing scrutiny over her handling of Sibanyoni’s bail application.
The commission confirmed the matter has been referred to its ethics committee for urgent consideration.
“The commission appreciates that this complaint is in the public interest and has requested the ethics committee to consider the matter out of turn,” it said.
Sibanyoni bail
The bail proceedings drew national attention after prosecutor Mkhuseli Ntaba failed to appear in court, resulting in the case being struck off the roll.
Ntaba, who was suspended following the incident, has since quietly returned to duty. The NPA has lifted the suspension and allowed him to return to work following an interim report.
“The prosecutor has resumed duties while internal processes continue.”
Patience
Justice Minister Mmamoloko Kubayi previously criticised Ntaba’s absence, calling it a serious lapse that undermined public confidence in the justice system.
The commission has appealed for patience as it follows due process.
“We once again appeal to the media and the public to allow us the opportunity to follow due process to address this complaint and extend our sincere gratitude in advance for understanding.”
The ethics committee is expected to deliberate on the Tonjeni complaint in mid‑June, while Sibanyoni’s case remains under close public scrutiny.
Urgent court bid
Sibanyoni and his co-accused, Oupa “Bafana” Sindane, withdrew their urgent court application challenging the NPA’s arrest warrant.
The NPA confirmed on Sunday the withdrawal of Sibanyoni and Sindane’s urgent bid to stop their arrest in an extortion case.
The arrest warrants stem from the NPA’s decision to re-enrol the R2.2 million extortion and money-laundering case against Sibanyoni and his co-accused, which had been struck off the roll by the Kwaggafontein Magistrate’s Court on 18 May.
State’s case
The state alleges that between 2022 and 2025, the four men forced a businessman operating in the Nkangala district to hand over more than R2.2 million in so-called “protection fees”.
Bail proceedings in the Kwaggafontein Magistrate’s Court in Mpumalanga were thrown into chaos when the state prosecutor failed to appear. The matter was struck from the court roll as Justice Minister Mmamoloko Kubayi joined the chorus of outrage over the fiasco.