Kwaggafontein: The National Prosecuting Authority (NPA) Director of Public Prosecutions in Mpumalanga has filed a formal complaint with the Magistrates Commission against Chief Magistrate Tuletu Tonjeni. The Magistrate presided over the extortion and money laundering case against taxi boss Madoda Johannes Sibanyoni and others in Kwaggafontein earlier this month. The matter was controversially struck off the roll after the prosecutor failed to appear in court.
According to South African Government News Agency, the formal complaint is based on serious concerns regarding the manner in which the Magistrate conducted the court proceedings, resulting in two significant orders. These orders included the conviction of the prosecutor for contempt of court, authorisation of a warrant of arrest against him, and the striking off of the criminal case from the roll as per Section 342A of the Criminal Procedure Act 51 of 1977.
The NPA stated that although a notice for leave to appeal against the contempt of court order and the warrant of arrest has been filed, they consider it prudent to file a formal complaint with the Magistrates Commission. The prosecutorial body expressed a firm view that the conduct observed during the proceedings raises serious institutional concerns regarding judicial decorum, procedural fairness, and the proper administration of justice.
The NPA explained that investigating the complaint through the Magistrates Commission would serve the broader purpose of protecting the integrity of the Magistracy, ensuring accountability, and preventing the recurrence of similar irregularities in future proceedings.