The Mpumalanga Chief Magistrate who struck the extortion case against Joe ‘Ferrari’ Sibanyoni and co-accused off the roll might not have to account for her decision. This is after she retired on Friday, according to the Sowetan.

Mbekezeli Benjamin, researcher and advocacy officer from Judge Matters, said the Magistrates’ Commission has no disciplinary jurisdiction over Tuletu Tonjeni since she has retired.

‘Regulations 26 of the 1994 regulations to the magistrate court allows the commission to appoint an investigator to conduct a preliminary investigation into the nature of the misconduct, and whether prima facie grounds of misconduct exist,’ said Benjamin.

‘The investigator will provide a report to the commission, which may only be noted but cannot be taken any further,’ he said.

Tonjeni recently came under the spotlight due to her judgment against State Advocate Mkhuseli Ntaba, who failed to show up in court for the continuation of Sibanyoni‘s bail.

She found Ntaba in contempt of court, said she would authorise his warrant of arrest and struck off the roll the extortion case against Sibanyoni, Bafana Sindane, Mvimbi Masilela and Philemon Msiza.

As a result, the NPA has filed a formal complaint against Tonjeni and filed an appeal application against her judgment.

In the meantime, the case against Sibanyoni and his co-accused was re-enrolled and they were granted bail.

According to Benjamin the appeal will go ahead after Tonjeni gives written reasons for her judgment. NPA spokesperson Kaizer Kganyago last week said the NPA was aware of Tonjeni’s retirement but declined to comment on what it means for their complaint.

Tonjeni declined to comment, stating the Magistrates’ Commission does not allow presiding officers to speak to the media.

On Thursday, the commission issued a statement in which it confirmed receipt of the NPA’s complaint, reports the Sowetan.

In the statement the commission said to preserve fairness and credibility of the inquiry, the commission will refrain from engaging about the process in the media pending the outcome.

Sibanyoni and his co-accused are alleged to have extorted R2m from businessman Thomas Ntuli between 2022 and 2025.

The money is believed to have been a protection fee to allow him to operate his mine in Kwaggafontein. He laid charges against the group in November last year.

The accused have all denied the allegations.

Full Sowetan report