Oupa "Bafana" Sindane, a close associate of taxi boss Joe Sibanyoni, has approached the high court in Pretoria seeking an interim interdict against the Madlanga commission. Sindane aims to prevent the commission from directing him to answer questions about discussions on the employment or support of "izinkabi", commonly referred to as contract killers. In his founding affidavit, Sindane argues that answering these questions could lead to self-incrimination, putting him in an impossible position.
The Madlanga commission's notice directs Sindane to provide details of his discussions with Sibanyoni regarding the employment, assessment, or support of "izinkabi" from 2024 to 2026. However, Sindane claims that the commission has not provided sufficient information to clarify what prompted these questions. He also notes that he has not been implicated in any wrongdoing, making the commission's notice, in his view, beyond its legal powers. Sindane's concerns are rooted in his personal experience, having survived a violent assassination attempt.
Sindane's affidavit highlights the difficulties he faces in answering the commission's questions. He argues that without knowing who he is alleged to have spoken to, when, where, about whom, and for what purpose, it is challenging to provide a response. The commission's questions, he believes, could expose him to charges of conspiracy to murder, which carries a potential life imprisonment sentence. Sindane's lawyer, in a letter to the commission, expressed vigorous objections to the demand, citing the need for clarity on the context of "izinkabi".
The commission's evidence leader, Matthew Chaskalson, previously stated that the inquiry could not disclose evidence to Sindane due to its inquisitive nature. The commission obtained Sindane's phone records from the Hawks, which had been investigating an extortion and money-laundering case against him and Sibanyoni in Kwaggafontein, Mpumalanga. Sindane disputes the lawfulness of the commission obtaining his phone records, arguing that they should have sought his permission.
Sindane's litigation challenges the legal grounds on which the commission obtained his phone records. He claims that the commission has not demonstrated a lawful basis for forensic imaging of his device, beyond a regulation 10(6) notice whose validity is disputed. In response, the commission asserts that it obtained the phone lawfully, citing a similar technique used in obtaining former crime intelligence boss Maj-Gen Feroz Khan's phone when he was arrested in May.
The chats between Sibanyoni and Sindane, which the commission is interested in, show the taxi boss inquiring about "baobe" (izinkabi) in August 2025, referring to Sfundo Mhlongo and Khanyiseleni Mbatha. Sibanyoni described "izinkabi" as protectors of taxi bosses in the industry. Sindane describes the commission's question about "izinkabi" as "most startling" and argues that it is an unconstitutional demand that places him in an impossible position.
The matter is set to be heard in the high court on October 6. Sindane's case will centre on the commission's powers to direct him to answer questions and the lawfulness of obtaining his phone records. The outcome will have implications for the Madlanga commission's investigative powers and the protection of individuals' rights during inquiries.
Key points
- Oupa Sindane seeks an interdict to shield himself from the Madlanga commission's questions on 'izinkabi' discussions.
- Sindane argues that answering the commission's questions could lead to self-incrimination.
- The litigation challenges the lawfulness of the commission obtaining Sindane's phone records.
