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Retired magistrate in Sibanyoni extortion case unlikely to face disciplinary action
Photo: Sowetan
2026-06-01 17:16   Justice   10

Retired magistrate in Sibanyoni extortion case unlikely to face disciplinary action

The magistrate who previously presided over the high-profile extortion case involving Joe “Ferrari” Sibanyoni and his co-accused may no longer face any disciplinary consequences following her retirement.

According to reports, chief magistrate Tuletu Tonjeni retired on Friday, shortly after coming under scrutiny for her handling of the case in which she struck the matter off the court roll.

Her retirement was marked by a farewell event hosted by her office at a wildlife estate and resort along the R40 route between Mbombela and White River.Legal and oversight concerns have been raised about whether any further disciplinary steps can still be taken.

Mbekezeli Benjamin, a researcher and advocacy officer from Judge Matters, explained that the Magistrates Commission no longer has disciplinary jurisdiction over a magistrate once they have retired.

He noted that while regulations allow for a preliminary investigation into alleged misconduct, any findings can only be noted and cannot lead to further disciplinary action.

Tonjeni had previously made headlines after finding a state prosecutor in contempt of court for failing to appear during a bail continuation hearing in the Sibanyoni matter.She also authorised a warrant of arrest for the prosecutor and struck the extortion case off the roll.This decision led the National Prosecuting Authority (NPA) to file a formal complaint and launch an appeal against her ruling.

Despite her retirement, legal experts have confirmed that the NPA’s appeal will continue in the High Court once written reasons for her judgment are provided.The Magistrates Commission has confirmed receipt of the complaint but has declined to comment further while the matter is under consideration.The NPA has also indicated that Tonjeni’s retirement does not affect the continuation of the appeal process.

The underlying case involves allegations that Sibanyoni and his co-accused extorted R2 million from a businessman between 2022 and 2025, allegedly as a protection fee linked to mining operations.All accused have denied the charges.

Full reading at Sowetan

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