Taxi boss Bafane Sindane’s bid to block WhatsApp evidence suffers court setback

Madlanga

Johannesburg – Mpumalanga taxi boss Oupa “Bafana” Sindane’s urgent bid to stop the Madlanga Commission from using his WhatsApp messages has been struck off the Gauteng High Court roll. 

The application was heard virtually on Monday morning before Judge Richard Mkabela, with Sindane challenging the use of messages retrieved from his electronic devices by the Mpumalanga Organised Crime Unit and subsequently handed to the Commission’s Recommendations Task Team. 

Commission spokesperson Jeremy Michaels confirmed that the application had been dismissed from the roll with a punitive costs order. 

“Mr Opa Sindane had this morning brought an urgent application before the Gauteng High Court to urgently interdict the commission from hearing his evidence,” Michaels said. 

“That urgent application has been struck off the roll.” 

The latest court bid is Sindane’s second attempt to delay or prevent his appearance before the inquiry. 

Last week, the Commission rejected his application to postpone his testimony and ordered that evidence concerning him be heard on Monday. The decision followed a dispute over his legal and medical reasons for not appearing. 

Sindane has separately challenged the legal basis on which the Commission obtained access to his cellphone records and WhatsApp messages. 

His lawyers argue that the phone had been seized by police in connection with an ongoing extortion and money-laundering case and that the Commission should not be allowed to use material obtained during that investigation. 

The Commission, however, has maintained that the messages were lawfully obtained from the Directorate for Priority Crime Investigation and can be used in its proceedings. 

Michaels said the High Court hearing began at 8am and followed lengthy deliberations before the matter was struck off the roll. 

The immediate legal setback leaves Sindane expected to face the Commission, although his legal team had asked for the proceedings to stand down to allow them to make further representations. 

“That remains to be seen,” Michaels said when asked whether Sindane and his lawyers would appear before the Commission after the tea break. 

He said the Commission had received a ruling from Justice Mbuyiseli Madlanga requiring Sindane to appear and give evidence. 

The Commission’s focus is expected to include Sindane’s alleged links to criminal networks, underworld figures and members of the police, as well as his relationship with fellow taxi boss Joe “Ferrari” Sibanyoni. 

Sindane and Sibanyoni are also co-accused in an extortion and money-laundering case in Mpumalanga. They have been granted bail and have not been convicted of the charges. 

The WhatsApp evidence is expected to be significant to the Commission’s investigation into alleged criminality and corruption in the criminal justice system, particularly its examination of alleged links between the taxi industry and people involved in organised crime. 

Sindane’s testimony was expected to follow that of Sibanyoni, who has already appeared before the inquiry and faced questions about his business dealings, security arrangements and alleged links within the taxi industry. 

 

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