The Madlanga Commission of Inquiry has ruled that prominent Mpumalanga businessman and taxi boss Oupa Jossiah Sindane must testify on Monday, 28 September, despite a last-minute medical certificate. Sindane's lawyers had argued that he was suffering from severe hypertension, sinusitis, and flu, and was undergoing a period of "sacred spiritual seclusion". However, commission chairperson Justice Mbuyiseli Madlanga dismissed the application for a postponement.
Sindane was subpoenaed on 8 September to appear before the commission on 23 September. His lawyers produced a medical certificate at the 11th hour, which was rejected by the commission. 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.
The commission's focus is now on whether Sindane will provide his version of the WhatsApp exchanges, and how the evidence will be dealt with if he does not appear in person on Monday. The WhatsApp messages linked to Sindane may still be placed before the commission 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.
The WhatsApp messages have added significance because Sindane, along with fellow taxi boss Joe "Ferrari" 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. Sibanyoni has been questioned about the messages, which include exchanges referring to "izinkabi" (hitmen), people Sibanyoni was trying to identify, and cryptic phrases.
Sindane's lawyers 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. They invoked Sindane's constitutional protections under Section 35, arguing that 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.
However, evidence leader Matthew Chaskalson opposed Sindane's postponement, describing his high court bid to stop the Madlanga Commission from compelling him to testify as "quite extraordinary". Chaskalson argued that Sindane could not rely on the 6 October court date after delaying his application. 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.
The commission is expected to resume on Monday with evidence regarding Sindane. 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.
Key points
- The Madlanga Commission of Inquiry has dismissed Oupa Jossiah Sindane's application for a postponement, ordering him to testify on Monday, 28 September.
- Sindane's lawyers argued that allowing WhatsApp evidence before the commission while his client is medically unavailable and facing criminal charges could prejudice him.
- The WhatsApp messages have added significance because Sindane and others are co-accused in a Delmas case in which the State alleges extortion of more than R2.2-million in protection fees.
