Mpumalanga taxi boss Joe “Ferrari” Sibanyoni appeared before the Madlanga Commission in Pretoria, where he objected to the use of cellphone and WhatsApp evidence obtained during a pending criminal investigation. Sibanyoni claimed that the material, which includes 365 pages of his private communications, was an “absolute abuse and open-ended violation” of his privacy and constitutional rights. He argued that the commission had not provided sufficient information on who authorised the transfer of the data or whether the original search-and-seizure authority permitted its use by the inquiry.
Sibanyoni's concerns centre on the seizure of his cellphone by police for his pending criminal case, which was subsequently downloaded for digital forensic analysis. The material later appeared in the commission's evidence bundle, but Sibanyoni questioned the chain of custody and how many people had analysed the data. He reserved the right to challenge the commission's reliance on it in court. Throughout his evidence, Sibanyoni repeatedly relied on his constitutional right against self-incrimination, where questions overlapped with his pending criminal proceedings.
Sibanyoni addressed WhatsApp communications involving Pretoria-based taxi boss Bafana Sindane, whom he described as someone close to him. The communications included references to izinkabi, a term Sibanyoni said could mean hitmen or contract killers but was also used in the taxi industry for security hired at taxi ranks. When pressed on which meaning applied to an inquiry about Sfundo Mhlongo and Khanyiseleni Mbatha, Sibanyoni did not specify, saying he was trying to establish who they were and that Sindane could not identify them.
Sibanyoni denied commissioning or supporting contract killings, explaining WhatsApp phrases as references to exercise or unrelated incidents. He stood by his earlier testimony that then transport minister Sindisiwe Chikunga told him some Department of Transport officials had a “divided allegiance”. Chikunga has disputed his account, saying their only meeting concerned an operational grievance over his taxis and she denied discussing divided allegiances.
Sibanyoni also raised concerns about WhatsApp extractions from the cellphone of Sergeant Fannie Nkosi, an officer in the Gauteng Organised Crime Unit. Commissioner Sandile Khumalo distinguished Nkosi's case from Sibanyoni's, saying Nkosi had been legally represented and had not objected to the material being used. The question of self-incrimination has previously arisen before the commission, with businessman Vusimuzi “Cat” Matlala relying on the right when questions touched on criminal investigations and pending court proceedings.
Commission chairperson Justice Mbuyiseli Madlanga previously directed Matlala to answer unless he could explain how a particular question exposed him to criminal liability. Sibanyoni's further questioning was due to continue but was postponed to a date still to be determined after his legal team cited conflicting commitments. The same legal team represents Sindane, whose testimony is scheduled for Wednesday, but the lawyers have also sought a postponement.
The postponement application is due to be heard at 9:30 am on Wednesday, with Sindane required to attend in case it is refused. Sibanyoni's concerns about the use of cellphone and WhatsApp evidence have significant implications for the commission's investigation into the taxi industry. The commission will need to consider Sibanyoni's objections and determine the admissibility of the evidence in question.
Key points
- Taxi boss Joe Sibanyoni challenges the use of cellphone and WhatsApp evidence at the Madlanga Commission.
- Sibanyoni claims the evidence is an “absolute abuse and open-ended violation” of his privacy and constitutional rights.
- The commission will need to consider Sibanyoni's objections and determine the admissibility of the evidence in question.
