Madlanga inquiry examines Sindane chats over convicted men’s legal fees

Evidence leaders at the Madlanga Commission on Monday, 28 September, presented WhatsApp messages from taxi boss Oupa ‘Bafana’ Sindane’s phone that they said raised questions about payments for the legal defence of two men convicted in separate taxi-related murder cases. The inquiry has not made a finding that the payments were linked to the killings.

Chief evidence leader Matthew Chaskalson told the commission that messages involving Sindane, fellow taxi boss Joe ‘Ferrari’ Sibanyoni and attorney Hartley Ngoato appeared to show requests for outstanding legal fees. Eyewitness News reported Chaskalson saying Ngoato was owed at least R250,000.

Chaskalson identified the defendants as Calvin Gwabo Mahlangu and Tshegofatso Makofane. He said the inquiry wanted to ask Sindane and Sibanyoni why they were involved in paying the men’s legal expenses. Paying for a person’s defence does not, on its own, establish involvement in that person’s offence.

Questions put to the commission

TimesLIVE reported that evidence leaders also presented messages they said formed part of an alleged protection-fee arrangement involving a Mpumalanga businessman. Those claims are part of the evidence being tested by the inquiry, not findings against Sindane or Sibanyoni. Both men are separately facing extortion and money-laundering charges, which they deny.

Sindane was absent when the messages were presented on Monday. TimesLIVE reported that the Gauteng High Court had earlier struck his urgent application to stop the commission from hearing his evidence off the roll. That procedural decision did not decide the truth of the allegations in the messages. With Sindane absent, the material was led without his account to the inquiry on those particular questions.

Sibanyoni has previously denied commissioning or employing hitmen. In testimony on 21 September, reported by Business Day and the Mail & Guardian, he disputed the meaning evidence leaders attached to the term izinkabi, saying it referred in the taxi industry to people who protect taxi bosses and ranks. His earlier denial should not be read as a response to every message presented on 28 September.

The commission is examining allegations of criminality, political interference and corruption in the criminal justice system. The phone material and the reasons for any legal-fee payments remain matters for the inquiry to test; no conclusion about Sindane’s or Sibanyoni’s responsibility for the murder cases follows from Monday’s presentation.