NPA urges Magistrates Commission to speed up probe into ex-magistrate after High Court ruling

The National Prosecuting Authority (NPA)Tuletu Tonjeni after the Mpumalanga High Court set aside a contempt conviction and arrest warrant against prosecutor Mkhulise Ntaba in the extortion case involving taxi boss Joe “Ferrari” Sibanyoni and others.

High Court sets aside conviction and warrant

The Mpumalanga High Court found there was no justifiable basis for Ntaba’s contempt conviction and ruled that the authorisation of the arrest warrant was not legally sustainable. The judgment followed a legal challenge by the NPA to an order handed down by Tonjeni in May.

How the matter unfolded

The incident related to Ntaba failing to appear in the Kwaggafontein Magistrate’s Court for the bail hearing of Sibanyoni, Oupa “Bafana” Sindane, Philimon Msazi and Mvimbi Masilela. Ntaba had indicated he had commitments in another court on the same day and requested that the matter be heard on another date. Tonjeni ordered that the bail applications proceed.

Because the State was not represented when the hearings went ahead, Sibanyoni and his co-accused were released. Ntaba was subsequently found in contempt of court and a warrant was issued for his arrest; the High Court later set that conviction and warrant aside.

NPA response and request to the Magistrates Commission

National Prosecuting Authority national spokesperson Kaizer Kganyago told media at the Randburg Magistrate’s Court that the NPA welcomed the High Court ruling. He said the NPA had taken the matter to the High Court and was pleased with the outcome.

“As the NPA we are happy that that has happened because we remember when that happened we clearly indicated that we are going to appeal this matter and we’ve taken it up to the High Court”

“And on the 28th, then the judgement by Judge Langa came out where the judge clearly indicated that he’s not convinced that there was a need for the conviction and the warrant of arrest and all of that has been set aside and that for us it’s been something that we’ve been saying and we are happy that it’s now happened.”

Kganyago said the NPA had referred its report to the Magistrates Commission and hoped the High Court judgment “can now be used by the Magistrates Commission in the investigations that they are doing.” He added that the NPA wants the investigation into Tonjeni’s conduct to be expedited.

“No, definitely we really wanted it to be expedited because at the time there was a threat on the head of the prosecutor that he’s going to be arrested at any time. Therefore, we hope that (the) Magistrates Commission will expedite their side,”

Charges against Sibanyoni and co-accused

Sibanyoni and his co-accused face charges of extortion and money laundering after allegedly demanding more than R2 million in protection money from a Mpumalanga businessman between 2022 and 2025.

What happens next

The Magistrates Commission is investigating Tonjeni’s conduct. The NPA has requested that the commission consider the High Court judgment as part of its inquiry and to expedite its investigation.