Mpumalanga taxi boss Joe "Ferrari" Sibanyoni has objected to answering certain questions posed by the Madlanga commission, citing concerns that they fall outside the scope of the commission's mandate. Sibanyoni's objections were raised without prejudice to his right to approach the courts to challenge the commission's reliance on matters he believes are beyond its mandate. The commission had sent questions to Sibanyoni and asked him to respond, but he declined to answer some of them.
Sibanyoni specifically objected to questions related to a pending criminal case against him in Kwaggafontein, alleged irregularities involving Putco bus contracts, and the Shosholoza stokvel. He argued that the commission was not empowered to probe matters contained in the Kwaggafontein docket, as it was an investigative tool in ongoing proceedings and its contents represented allegations, not established facts. Sibanyoni emphasized that the commission's reliance on the docket could prejudice his right to a fair trial.
The Kwaggafontein matter relates to an ongoing court case in which Sibanyoni, Bafana Sindane, Mvimbi Masilela, and Philemon Msiza are accused of extorting R2m from businessman Thomas Ntuli between 2022 and 2025. Ntuli secured a multimillion-rand tender to supply aggregate materials for the upgrade of Moloto Road and alleges that Sibanyoni and his co-accused coerced him into paying a "protection fee" to operate peacefully. Sibanyoni maintained that the commission was not a criminal court and could not make findings on the basis of unproven allegations.
Sibanyoni also objected to questions about the Shosholoza stokvel, which he claimed was an investment vehicle. The commission revealed that the stokvel had R30m in its account at one point and that Gubis858, a security company, had made several payments to Sibanyoni through the stokvel account. The company allegedly received a multimillion-rand irregular tender from the city of Tshwane, and Sgt Fannie Nkosi was involved in manipulating it. Sibanyoni argued that the Shosholoza stokvel did not fall within the commission's terms of reference.
Furthermore, Sibanyoni objected to questions about bus company Putco, which relates to an investigation by former public protector Busisiwe Mkhwebane into alleged irregularities in a tender. He argued that some of the matters raised were provided only as background and did not form part of the specific allegations he had been notified to answer. Sibanyoni maintained that the commission could not rely on new information not contained in the notice to make adverse findings against him without first giving him proper notice and a fair opportunity to respond.
Sibanyoni also objected to the commission relying on data obtained through his phone, arguing that it was obtained in violation of his constitutional rights. He submitted that the appearance of his phone's content before the commission represented an absolute abuse and open-ended violation of his privacy and constitutional rights. The commission has postponed Sibanyoni's cross-examination to a date yet to be determined.
The Madlanga commission is investigating allegations of corruption, criminal infiltration, and political interference in the country's criminal justice system. Sibanyoni's objections highlight the complexities and challenges of the commission's inquiry, particularly in balancing the need for evidence with the protection of individuals' constitutional rights. The commission's handling of Sibanyoni's objections and the outcome of his cross-examination remain to be seen.
Key points
- Joe Sibanyoni objects to answering questions on certain topics, citing constitutional rights and scope of commission's mandate.
- Sibanyoni argues that the commission's reliance on a pending criminal docket could prejudice his right to a fair trial.
- The commission has postponed Sibanyoni's cross-examination to a date yet to be determined.
