NPA files complaint against Magistrate Tonjeni in Sibanyoni case

JOHANNESBURG - The National Prosecuting Authority (NPA) has filed a formal complaint with the Magistrates Commission against Chief Magistrate Tuletu Tonjeni. 

It is following proceedings in the case involving prominent taxi boss Madoda Johannes Sibanyoni and his co-accused in Kwaagafontein. 

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NPA spokesperson Kaizer Kganyago said the matter raises serious concerns around judicial conduct, procedural fairness and the administration of justice.

He said they have gone through the transcripts of all the matters that she presided over on 15 and 18 May, and based on that, they were able to determine that it is prudent to lodge a formal complaint. 

"In as much as we have filed a notice to appeal against the contempt of court order and the authorisation of a warrant of arrest, we deem it prudent that we consider the filling of a formal compliant with the Magistrates Commission," 

Tonjeni struck the high-profile case off the roll, and a warrant of arrest was issued for the prosecutor, Mkhuseli Ntaba.

Ntaba had failed to appear in the bail hearing at the Kwaggafontein Magistrate’s Court.

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Kganyago hopes that the Magistrates Commission will serve the broader purpose of protecting the integrity of the Magistracy while also ensuring accountability. 

At the same time, he said the commission would prevent recurrence of similar irregularities in future proceedings. 

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