NPA files formal complaint against  magistrate in Joe Sibanyoni case

Posted on May 27, 2026
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The National Prosecuting Authority (NPA) has filed a formal complaint with the Magistrates Commission against Chief Magistrate Tuletu Tonjeni following her handling of the high-profile case involving businessman Madoda Johannes Sibanyoni, also known as Joe Sibanyoni, and his co-accused in the Kwaggafontein Magistrate’s Court earlier this month.

Sibanyoni and his co accused were arrested and charged with extortion and money laundering. But they were released when they appeared in court for bail hearing after the  state prosecutor Mkhuseli Ntaba who was  handling the case failed to  appear in court. It later emerged that he received threats.

The complaint, lodged by the Director of Public Prosecutions in Mpumalanga on Tuesday, 26 May 2026, relates to proceedings that took place on 15 and 18 May 2026. The NPA says it has serious concerns about the manner in which Tonjeni conducted the case, which resulted in dramatic court orders that sent shockwaves through the legal fraternity.

Among the controversial decisions taken by the magistrate was the conviction of the State prosecutor for contempt of court and the authorisation of a warrant for his arrest. Tonjeni also struck the criminal matter off the court roll in terms of Section 342A of the Criminal Procedure Act, a provision dealing with unreasonable delays in criminal proceedings.

The NPA confirmed that it has already filed notice for leave to appeal against both the contempt ruling and the warrant of arrest issued against the prosecutor. However, the authority said it believed the matter went beyond a legal dispute and raised broader concerns about the administration of justice.

In a strongly worded statement, the NPA said the conduct reflected during the proceedings raised “serious institutional concerns relating to judicial decorum, procedural fairness and the proper administration of justice.”

The authority further argued that an investigation by the Magistrates Commission would help protect the integrity of the magistracy and ensure accountability within the criminal justice system.

National Director of Public Prosecutions Andy Mothibi said the complaint was necessary to safeguard public confidence in the justice system.

“This process will go a long way in protecting the image of the criminal justice system,” Mothibi said.

The case involving Sibanyoni  and his co accused has attracted widespread public attention in Mpumalanga, with legal analysts warning that the dispute between the NPA and the presiding magistrate could have significant implications for future court proceedings and prosecutorial independence.

The Magistrates Commission is now expected to assess the complaint and determine whether further disciplinary processes against Chief Magistrate Tonjeni will follow.