‘Expedite the probe’: NPA turns up heat over ex-magistrate in Sibanyoni’s extortion case - IOL

The NPA wants the Magistrates Commission to expedite its investigation into former magistrate Tuletu Tonjeni after the High Court set aside a contempt conviction and arrest warrant issued against prosecutor Mkhulise Ntaba in the extortion case against taxi boss Joe “Ferrari” Sibanyoni and others.

National Prosecuting Authority national spokesperson Kaizer Kganyago said the NPA wants the investigation into Tonjeni’s conduct in the Sibanyoni case to be expedited.

This comes after the court found there was no justifiable basis for Ntaba’s conviction and warrant.

The matter was referred to the Magistrates Commission, which is investigating Tonjeni’s conduct.

Kganyago was speaking to the media on Thursday at the Randburg Magistrate’s Court.

The Mpumalanga High Court set aside the conviction and warrant of arrest against Ntaba, who had been found in contempt of court in the Sibanyoni case.

The court found that there was no justifiable basis for the conviction and that the authorisation of the warrant was not legally sustainable.

The judgment followed the NPA’s legal challenge to an order handed down by Tonjeni in May.

Ntaba had failed to appear in the Kwaggafontein Magistrate’s Court for the bail hearing of Sibanyoni, Oupa “Bafana” Sindane, Philimon Msazi and Mvimbi Masilela.

Sibanyoni and his co-accused face charges of extortion and money laundering after allegedly demanding more than R2 million in protection money from a Mpumalanga businessman between 2022 and 2025.

Tonjeni had ordered the bail applications to proceed despite Ntaba indicating that he had commitments in another court on the same day.

Ntaba requested that the case be heard on another date.

Tonjeni said it was only fair to conclude the bail applications as quickly as possible. 

However, 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.

Kganyago said the NPA welcomed the High Court ruling.

“And on the 28th, then the judgement by Judge Langa came out where the judge clearly indicated that he's not convinced that there was a need for the conviction and the warrant of arrest and all of that has been set aside and that for us it's been something that we've been saying and we are happy that it's now happened.”

On Tonjeni, Kganyago said the High Court judgment could now be considered by the Magistrates Commission.

“Remember we also referred the report to the Magistrates Commission and we hope that this judgement can now be used by the Magistrates Commission in the investigations that they are doing.”

Kganyago said the NPA wanted the investigation expedited.

“No, definitely we really wanted it to be expedited because at the time there was a threat on the head of the prosecutor that he's going to be arrested at any time. Therefore, we hope that (the) Magistrates Commission will expedite their side,” he added.