Retired Magistrate Tonjeni Faces Investigation As Suspended Prosecutor In Joe Ferrari Case Returns To Work

The Magistrates Commission has confirmed that former chief magistrate Tuleto Tonjeni has officially retired, but an investigation into her conduct during the controversial bail proceedings involving taxi boss Joe “Ferrari” Sibanyoni will continue.

Tonjeni informed the commission on 9 July 2025 of her intention to retire in terms of the Magistrates Act. Her retirement took effect on 31 May 2026, with her final working day being 29 May.

Despite her departure from the bench, the commission says complaints relating to her handling of Sibanyoni’s bail application remain under active investigation.

Tuleto Tonjeni Investigation Continues After Retirement

The Tuleto Tonjeni investigation received fresh attention after the National Prosecuting Authority (NPA) submitted additional information to the Magistrates Commission on the same day she officially left office.

According to the chairperson of the commission’s ethics committee, Advocate Naomi Manaka, the original complaint had already been registered and was being processed before the supplementary submission was received.

“The initial complaint was registered by the commission under reference 234/2026. The allocated number signifies the sequence among other complaints registered in the year 2026.

“The initial complaint had already been registered under reference 234/2026, with the number reflecting its sequence among other complaints filed this year,” Manaka said.

The complaint focuses on Tonjeni’s conduct during the bail proceedings involving Sibanyoni and his co-accused on 15 and 18 May.

The commission confirmed that the matter has been referred to its ethics committee and will be prioritised due to the significant public interest surrounding the case.

“The commission appreciates that this complaint is in the public interest and has requested the ethics committee to consider the matter out of turn,” it said.

Joe Ferrari Bail Case Remains Under Public Scrutiny

The Joe Ferrari bail case attracted widespread attention after prosecutor Mkhuseli Ntaba failed to appear in court during crucial proceedings.

His absence resulted in the matter being struck off the roll by the Kwaggafontein Magistrate’s Court, triggering criticism from various quarters and raising concerns about the handling of the case.

Ntaba was subsequently suspended while internal processes were initiated. However, the NPA has since allowed him to resume his duties following the completion of an interim report.

“The prosecutor has resumed duties while internal processes continue.”

Justice Minister Mmamoloko Kubayi previously described Ntaba’s absence as a serious failure that damaged public confidence in the justice system.

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The Magistrates Commission has urged the public and media to allow its processes to unfold without interference.

“We once again appeal to the media and the public to allow us the opportunity to follow due process to address this complaint and extend our sincere gratitude in advance for understanding.”

Joe Ferrari And Co-Accused Withdraw Urgent Court Challenge

Meanwhile, Sibanyoni and his co-accused, Oupa “Bafana” Sindane, have withdrawn an urgent court application aimed at blocking their arrest in an extortion case.

The NPA confirmed the withdrawal of the application, which challenged arrest warrants issued after prosecutors decided to re-enrol a R2.2 million extortion and money-laundering matter.

The case was previously struck off the roll by the Kwaggafontein Magistrate’s Court on 18 May.

According to the State, Sibanyoni and three co-accused allegedly forced a businessman operating in Mpumalanga’s Nkangala district to pay more than R2.2 million in so-called protection fees between 2022 and 2025.

The matter remains under close public scrutiny as investigations and disciplinary processes continue. The ethics committee is expected to consider the complaint against Tonjeni in mid-June.