JOHANNESBURG – National Director of Public Prosecutions, advocate Andy Mothibi, says the conduct of the chief magistrate in the matter against Joe ‘Ferrari’ Sibanyoni and others was “injudicious”.
Mothibi says the magistrate misapplied the law and the ruling could create a dangerous legal precedent if left unchallenged.
On Tuesday, the NPA filed a formal complaint with the Magistrates Commission against chief magistrate Tuletu Tonjeni. It has also filed an application for leave to appeal against a ruling, which found the prosecutor Mkhuseli Ntaba in contempt of court.
On 18 May, Tonjeni struck the case off the roll, and issued a warrant of arrest for Ntaba after he failed to show up in court.
READ | NPA appeals conviction of prosecutor in 'Joe Ferrari' matter
“The legal records have to be set straight. If we don’t set the record straight, it might set an unfortunate precedent.”
“With regards to the Magistrate’s Commission complaint, we believe that the conduct of the magistrate was injudicious. As a judicial officer, there is prudence that is expected from you in dealing with matters. We have gone through the transcripts and we have ascertained that there is a need to ensure that that conduct is brought to the Commission’s attention so it can be dealt with,” Mothibi said.
In relation to Ntaba, who is currently on suspension pending an internal investigation, Mothibi said the internal process was nearing completion. A full report is expected in the coming days.
READ | NPA files complaint against Magistrate Tonjeni in Sibanyoni case
“The initial information that came to us was that he got messages that he was going to killed if he proceeded to court and we understand...that is a natural reaction when your life is threatened. If what he said is verified and he is vindicated, we will uplift the suspension and he will come back to work.”
He added: “We don’t want matters of this nature to be removed from the roll in a manner that does not serve public interest. We have gone through the evidence that was presented to the prosecutors. There is a case to answer by the accused.”
He said the NPA was working tirelessly to ensure the matter is re-enrolled.