Mpumalanga taxi boss Joe "Ferrari" Sibanyoni appeared before the Madlanga Commission in Pretoria, where he challenged the use of cellphone and WhatsApp evidence obtained during a pending criminal investigation. Sibanyoni's concerns centered on the alleged violation of his privacy and constitutional rights. He claimed that police seized his cellphone for the pending criminal case and downloaded its contents for digital forensic analysis, which later appeared in the commission's evidence bundle.
Sibanyoni questioned who authorized the transfer of the cellphone material and whether the original search-and-seizure authority permitted its use by the inquiry. He stated that the commission received 365 pages of his private communications, which he claimed was an "absolute abuse and open-ended violation" of his rights. Sibanyoni also expressed concerns about the chain of custody and the number of people who analyzed the data, reserving 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, particularly when questions overlapped with his pending criminal proceedings. He argued that because the pending criminal proceedings were based on common purpose, his answers before the commission could have implications for him and his co-accused. Sibanyoni maintained that his invocation of constitutional rights was not a refusal to cooperate but an exercise of his constitutionally guaranteed rights.
Sibanyoni addressed WhatsApp communications involving Pretoria-based taxi boss Bafana Sindane, describing their relationship as one of peacekeeping and conflict resolution in the taxi industry. The communications included references to "izinkabi," a term Sibanyoni claimed could mean hitmen or contract killers but was also used in the taxi industry for security hired at taxi ranks. When pressed for clarification, Sibanyoni did not specify which meaning applied.
Sibanyoni denied commissioning or supporting contract killings, explaining certain WhatsApp phrases as references to exercise or unrelated events. He stood by his earlier testimony that then transport minister Sindisiwe Chikunga told him some Department of Transport officials had a "divided allegiance." Sibanyoni claimed he had approached Chikunga about violence and killings affecting the transport sector and maintained he had not fabricated or mischaracterized what she had told him.
Chikunga has disputed Sibanyoni's account, saying their only meeting concerned an operational grievance over his taxis and denying that they discussed divided allegiances. Sibanyoni also raised concerns about WhatsApp extractions from the cellphone of Sergeant Fannie Nkosi, an officer in the Gauteng Organised Crime Unit, including their chain of custody, forensic methodology, and context.
Commissioner Sandile Khumalo distinguished Sibanyoni's objections from those related to Nkosi's cellphone, stating that Nkosi had been legally represented, had not objected to the material being used, and had largely confirmed the chats came from his device. The Madlanga Commission's questioning of Sibanyoni was postponed to a later date due to conflicting commitments and the need for lead counsel Advocate Mpati Xofa to argue anticipated objections.
Key points
- The Madlanga Commission is investigating allegations of violence and corruption in the taxi industry.
- Sibanyoni's concerns about the use of cellphone and WhatsApp evidence center on potential violations of his privacy and constitutional rights.
- The commission's chairperson, Justice Mbuyiseli Madlanga, has previously addressed the issue of self-incrimination, directing witnesses to answer questions unless they can explain how a particular question exposes them to criminal liability.
