Taxi boss’s sick note fails, inquiry to hear ‘izinkabi’ evidence on Monday

On Friday, 25 September, the Madlanga Commission of Inquiry dismissed taxi boss Oupa Jossiah Sindane’s application for a postponement and ordered that his evidence must be led on Monday, 28 September, “in whatever format” the commission determines. 

The ruling followed an order from commission chairperson Justice Mbuyiseli Madlanga on Wednesday directing evidence leader Matthew Chaskalson SC and Sindane’s counsel, advocate Thabani Masuku, to agree on the terms of a draft joint order, which the parties failed to reach.

Sindane, also known as “Bafana”, was subpoenaed on 8 September to appear before the commission on 23 September. At the 11th hour, his lawyers produced a medical certificate stating that he was suffering from severe hypertension, sinusitis and flu.

Masuku also told the commission that Sindane was undergoing a period of “sacred spiritual seclusion”. He said his client had chosen not to disclose the private nature of the process and argued that no adverse inference should be drawn from his decision.

WhatsApp receipts

His lawyers separately challenged the use of WhatsApp messages seized from his cellphone, arguing that the material could potentially implicate him in a pending criminal case. 

Sindane has also launched an urgent High Court application in Pretoria seeking to interdict the subpoena compelling him to testify and to prevent the commission from using cellphone material seized during an investigation into extortion and money-laundering allegations. That application is scheduled to be heard on 6 October 2026.

The significance of Friday’s ruling extends beyond whether Sindane appears in person.

The commission has made clear that the WhatsApp messages linked to Sindane may still be placed before it and considered as part of the evidence, even if he is not physically present to respond to them. Sindane opposed having his WhatsApp messages introduced at the commission.

That cellphone evidence has become central to the commission’s interest in Sindane’s relationship with fellow taxi boss Joe “Ferrari” Sibanyoni.

Sibanyoni has been questioned about the messages, which include exchanges referring to “izinkabi” (hitmen), people Sibanyoni was trying to identify and cryptic phrases including “the dog is dead” and “we are in charge of the streets”.

The messages have added significance because Sindane, Sibanyoni, Mvimbi Daniel Masilela and Philemon Msiza are co-accused in a Delmas case in which the State alleges that they extorted more than R2.2-million in protection fees from a mining businessman between 2022 and 2025. 

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Those allegations remain before the court. The commission’s focus is now on whether Sindane will provide his version of the exchanges, and how the evidence will be dealt with if he does not appear in person on Monday.

Potential prejudice

Masuku said Sindane was seeking only a limited postponement, until he was medically fit to testify and the court application had been heard. He argued that his constitutional objections were raised as early as 7 August, well before the subpoena was issued on 8 September.

Masuku advanced four grounds for the postponement.

First, he said Sindane’s constitutional objections were not a last-minute tactic. They had been raised on 7 August, reiterated on 15 August and subsequently incorporated into his high court founding affidavit.

Second, he argued that the subpoena issued on 8 September was the relevant trigger, with the commission notified on 14 September that a postponement would be sought. There was therefore, he argued, no ambush and no basis for drawing an adverse inference from Sindane’s absence.

But his strongest argument concerned prejudice.

Masuku argued that allowing WhatsApp evidence before the commission while his client is medically unavailable and facing criminal charges could prejudice him before his urgent high court challenge is heard on 6 October.

“It is still publication in the context of a witness who is already an accused person,” he argued, invoking Sindane’s constitutional protections under Section 35.

He said the danger was that the WhatsApp evidence could be presented without Sindane being present to provide context, instruct his lawyers or immediately answer questions arising from the material.

That, Masuku argued, could leave the commission with a one-sided account of the evidence and prejudice an accused person who remains presumed innocent until convicted.

He also argued that the evidence Chaskalson sought to place before the commission could become a national headline before Sindane had an opportunity to respond, instruct his legal team or had his High Court challenge to the material determined.

Delayed court bid

Chaskalson opposed Sindane’s postponement, describing his high court bid to stop the Madlanga Commission from compelling him to testify, provide a sworn statement or produce documents as “quite extraordinary”.

Chaskalson argued Sindane could not rely on the 6 October court date after delaying his application. He first sought permission from the Chief Justice on 18 August, received it by 25 August, but waited more than four weeks before approaching the high court.

“If he hadn’t been delayed for more than four weeks, we wouldn’t be having this debate here,” Chaskalson said.

He warned that the commission was at the “business end” of its work and could not afford delays, with evidence needing to close by late November or early December to meet the 25 January 2027 deadline for its final report.

“This witness is not unique,” Chaskalson said, warning that allowing witnesses to exceed allocated time could mean “we just won’t finish”.

He also challenged the breadth of Sindane’s application, saying it sought to prevent the commission from enforcing its Regulation 10(6) notice, subpoenaing him or issuing further directives.

“Mr Sindane doesn’t want to attend any hearing, provide a sworn statement or produce any document or material,” Chaskalson said.

The commission is expected to resume on Monday with evidence regarding Sindane. DM