The Madlanga Commission, led by retired Justice Mbuyiseli Madlanga, has rejected a postponement bid by Pretoria-based taxi boss Oupa Jossiah "Bafana" Sindane. 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's postponement application was based on a medical certificate, which indicated that he would be available for "work" on Monday, September 28. The commission did not reject the certificate, with Chief evidence leader Advocate Matthew Chaskalson SC stating that he could not fault it. Madlanga agreed that the certificate suggested Sindane would be able to testify on Monday. Sindane had objected to evidence about his WhatsApp chats being led in his absence, arguing that he would be prejudiced.
Madlanga criticised Sindane's delay in approaching both the High Court and the commission, stating that an inference was inescapable that what galvanised him into action was his looming appearance before the commission. The High Court application was launched on September 21, two days before he was due to testify. The commission ordered that Sindane's testimony be led on Monday, September 28, 2026, in whatever format.
The commission's term is set to run until January 25, 2027, but Madlanga emphasised that further delays would pressure an inquiry under tight deadlines. He stated that witnesses had to appear as scheduled or the timetable would be disrupted and time lost. The extension of the commission's term was not meant to accommodate witnesses who, through tardiness or for other unjustifiable reasons, are unable to testify before the commission as required.
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.
Sindane can still bring another postponement application if he produces a new medical certificate before Monday. Madlanga stated that the commission had received correspondence advising that Sindane's condition had deteriorated, and any fresh application would be considered on its merits. The commission's approach to delays reflects its commitment to completing its inquiry within the set timeframe.
The Madlanga Commission's inquiry is probing alleged criminality, political interference, and corruption in the criminal justice system. Sindane is a close associate of Mpumalanga taxi boss Joe "Ferrari" Sibanyoni and his co-accused in a separate extortion and money-laundering case. The commission's findings and recommendations are expected to have significant implications for the taxi industry and the broader criminal justice system.
Key points
- The Madlanga Commission has taken a firm stance on delays, ordering witnesses to appear as scheduled or face disruption to the inquiry's timetable.
- Sindane's postponement bid was rejected due to inordinate delay and lack of substance in his application.
- The commission's term is set to run until January 25, 2027, but further delays will not be accommodated.
