Mpumalanga taxi boss Joe "Ferrari" Sibanyoni has objected to the use of cellphone and WhatsApp material obtained during a pending criminal investigation at the Madlanga Commission in Pretoria. Sibanyoni claims that the use of this material is an "absolute abuse and open-ended violation" of his privacy and constitutional rights. He stated 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 expressed concerns over who authorized the transfer of the material and whether the original search-and-seizure authority permitted its use by the inquiry. He revealed that the commission received 365 pages of his private communications, which he claims were provided without his knowledge or consent. Sibanyoni questioned 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 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 are based on common purpose, his answers before the commission could have implications for him and his co-accused. Sibanyoni emphasized that his invocation of constitutional rights is 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. He explained that certain phrases used in the communications, such as "izinkabi," could have multiple meanings and denied commissioning or supporting contract killings. Sibanyoni also clarified that certain phrases, including "dogs are coming out and jogging" and "we are in charge of the streets," referred to exercise.
Sibanyoni stood by his earlier testimony that then Transport minister Sindisiwe Chikunga told him some Department of Transport officials had a "divided allegiance." He claimed that he approached Chikunga about violence and killings affecting the transport sector and maintained that he did not fabricate or mischaracterize her statement. However, Chikunga has disputed Sibanyoni's account, stating that their only meeting concerned an operational grievance over his taxis.
Sibanyoni also raised concerns about WhatsApp extractions from the cellphone of Sergeant Fannie Nkosi, an officer in the Gauteng Organised Crime Unit. Co-commissioner Sandile Khumalo distinguished Nkosi's case from Sibanyoni's, stating that 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.
The commission's further questioning of Sibanyoni was postponed to a date still to be determined after his legal team cited conflicting commitments and requested the presence of lead counsel Advocate Mpati Xofa to argue anticipated objections. The same legal team represents Sindane, whose testimony is scheduled for Wednesday, but the lawyers have also sought a postponement.
Key points
- The Madlanga Commission is investigating allegations of violence and corruption in the taxi industry.
- Sibanyoni's lawyer has requested a postponement of his client's testimony due to conflicting commitments.
- The commission's use of private WhatsApp messages has raised concerns about the violation of Sibanyoni's constitutional rights.
