The Madlanga Commission, led by retired Justice Mbuyiseli Madlanga, has rejected a bid by Pretoria-based taxi boss Oupa Jossiah "Bafana" Sindane to postpone his testimony. Sindane had been subpoenaed to testify on Wednesday as part of an inquiry into alleged criminality, political interference, and corruption in the criminal justice system. The commission found that Sindane delayed bringing both his court challenge and postponement application despite knowing the grounds for weeks.
Sindane, a close associate of Mpumalanga taxi boss Joe "Ferrari" Sibanyoni, had asked for his testimony to be postponed while he challenged the constitutional validity of a Regulation 10(6) notice and subpoena requiring him to answer questions and testify. However, Madlanga said Sindane had known the grounds by August 8, when his then attorneys raised them in correspondence, and again on August 15. Despite this, the High Court application was launched on September 21, two days before he was due to testify.
Madlanga criticised the timing of Sindane's postponement application, stating that it was an "egregious form of inordinate delay." The commission attorneys told Sindane on September 16 to file any postponement bid by September 18, but he did not. Only after Madlanga asked on September 21 about Sindane's appearance two days later did his lawyers indicate a postponement would be sought. Madlanga inferred that the looming appearance before the commission prompted Sindane's late court move.
The commission did not reject a medical certificate submitted on Sindane's behalf, which indicated that he would be available for "work" on Monday, September 28. Madlanga understood this to mean that Sindane would also be able to testify. Chief evidence leader Advocate Matthew Chaskalson SC said he could not fault the certificate. Sindane had objected to evidence about his WhatsApp chats being led in his absence, arguing that he would be prejudiced because he could not immediately challenge what was said about them.
Madlanga ordered that Sindane's testimony be led on Monday, September 28, "in whatever format." He emphasised that further delays would pressure an inquiry under tight deadlines, as the commission has a limited life and witnesses must appear as scheduled or the timetable would be disrupted and time lost. The commission's term is set to run until January 25, 2027, but Madlanga said the extension would not lessen the scheduling pressure.
The ruling follows months in which the commission has taken an increasingly firm approach to delayed testimony. North West businessman Suliman Carrim faced repeated postponement applications on medical grounds before the commission ordered that any further bid to excuse him be supported by an independent medical assessment. Investigating Directorate Against Corruption head Andrea Johnson was subpoenaed after returning to work following an illness that prevented her from appearing.
Sindane can still bring another postponement application if he produces a new medical certificate before Monday. Madlanga said the commission had received correspondence advising that Sindane's condition had deteriorated, and any fresh application would be considered on its merits. The commission will continue its inquiry into alleged criminality, political interference, and corruption in the criminal justice system, with Sindane's testimony scheduled for Monday.
Key points
- The Madlanga Commission has rejected Oupa "Bafana" Sindane's bid to postpone his testimony due to inordinate delay and lack of substance in his application.
- Sindane's testimony is scheduled for Monday, September 28, "in whatever format," as ordered by the commission.
- The commission has taken a firm approach to delayed testimony, with previous instances of businessmen and officials facing consequences for postponement applications.
