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.
READ | NPA exploring options in Sibanyoni matter
“The formal complaint is premised on serious concerns that the NPA has in the manner in which she conducted the court proceedings…that culminated in the two orders that she granted.
“The two orders relate to the conviction of the prosecutor for contempt of court, authorisation of a warrant of arrest against him and striking the criminal case off the roll in terms of Section 342A of the Criminal Procedure Act 51 of 1977.
“In as much as we have filed a notice for leave to appeal against the contempt of court order and the authorisation of a warrant of arrest, we deem it prudent that we consider the filing of a formal complaint with the Magistrates Commission,” the prosecutorial body said.
The NPA said it holds a “firm view” that the conduct displayed during proceedings “raises serious institutional concerns relating to judicial decorum, procedural fairness and the proper administration of justice”.
“Investigation of the complaint to the Magistrates Commission would therefore serve the broader purpose of protecting the integrity of the Magistracy, ensuring accountability, and preventing recurrence of similar irregularities in future proceedings,” the NPA explained.
NPA Head Advocated Andy Mothibi added: “This process will go a long way in protecting the image of the criminal justice system and in setting the records clear”. – SAnews.gov.za
