The extortion and money laundering case against Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his three co-accused will be re-enrolled and will proceed in the Delmas Magistrate’s Court. All four accused are expected to appear in court on Thursday.

The four men face allegations of extorting more than R2-million in so-called protection fees from a local mining entrepreneur. The charges include extortion and money laundering, with prosecutors alleging the accused demanded regular payments from the businessman in exchange for protection.

Drama unfolded last week when the case was struck off the court roll on 18 May by chief magistrate Tuletu Tonjeni, after state prosecutor Mkhuseli Ntaba failed to show up in court. In an unprecedented move, Tonjeni also issued an order for Ntaba’s warrant of arrest and convicted the prosecutor for contempt of court.

The National Prosecuting Authority (NPA) has now filed a formal complaint with the Magistrates Commission against Tonjeni, stating she misapplied the law in her handling of the proceedings.

In the complaint filed on 26 May, the Director of Public Prosecutions for the Mpumalanga Division raised serious concerns about the manner in which Tonjeni conducted the court proceedings on 15 and 18 May. The complaint relates to the two orders she granted: the conviction of the prosecutor for contempt of court, the authorisation of a warrant of arrest against him, and the striking of the criminal case off the roll in terms of Section 342A of the Criminal Procedure Act 51 of 1977.

The NPA has also filed a notice for leave to appeal against the contempt of court order and the authorisation of the warrant of arrest.

According to the NPA, the conduct reflected in the proceedings raises serious institutional concerns relating to judicial decorum, procedural fairness and the proper administration of justice. The prosecuting authority said the investigation of the complaint by the Magistrates Commission would serve the broader purpose of protecting the integrity of the magistracy, ensuring accountability and preventing recurrence of similar irregularities in future proceedings.

National Director of Public Prosecutions Andy Mothibi said the process would go a long way in protecting the image of the criminal justice system and in setting the records clear.

The re-enrolment of the case means Sibanyoni and his co-accused will now face trial on the extortion and money laundering charges. The matter will be heard in Delmas rather than Kwaggafontein, where it was previously being heard.

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