Oupa Sindane chooses health and ‘spiritual seclusion’ over Madlanga commission

Oupa Bafana Sindane was supposed to face the heat at the Madlanga commission of inquiry on Wednesday, but instead the commission heard that the taxi boss had to pass on the invitation due to battling uncontrollable hypertension and undergoing a period of “sacred spiritual seclusion”.

Besides his supposed medical condition and need for spiritual enlightenment, his postponement request also cited a pending high court challenge to the commission’s subpoena.

Sindane’s lawyer, Adv Thabani Masuku, told the commission that his client’s decision to withdraw for spiritual enlightenment was deeply private and that Sindane had chosen not to reveal what the seclusion involved.

And, Masuku argued, the silence should not be held against him.

READ MORE: Joe Ferrari Sibanyoni, Bafana Sindane each granted R70K bail in extortion case

“Spiritual seclusion is very important for many people, and we should not force or coerce individuals who are seeking spiritual enlightenment through spiritual seclusion. The fact that he decided not to disclose his personal private secret matters, the nature of which is entirely private, really, should not attract adverse inference,” Masuku said.

Sindane was expected to testify before the commission as it continues its investigation into alleged links between the taxi industry, the so-called Big Five cartel, and political figures.

Postponement not meant to frustrate commission

Sindane’s legal team presented a medical certificate, which Masuku said had only been received on the morning of the hearing.

“We received the medical certificate this morning. And so it’s not covered in the replying affidavit,” Masuku said.

Masuku maintained that the application was not intended to frustrate the commission’s work.

He argued that Sindane’s constitutional rights could be undermined if evidence relating to him was presented while he was absent, particularly if he was unable to consult his lawyers, follow the evidence or provide instructions.

“Whatever is going to be displayed here, true or not, will have an impact on Mr Sindane because he is a churchman; that community might not receive him well if allegations are displayed and he is not here to answer,” Masuku added.

The defence also raised concerns about a separate high court application in which Sindane is challenging issues relating to the subpoena and the use of material obtained from the criminal proceedings.

Masuku argued that the commission should take into account Sindane’s right to a fair process and his constitutional protections as a person facing criminal charges elsewhere.

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He further argued that publicly presenting evidence obtained from the criminal case while Sindane was absent could cause prejudice because he would not immediately be able to respond to the material or provide context to his legal team.

Evidence leaders accept medical certificate

Evidence leader Adv Matthew Chaskalson told the commission that the evidence leaders did not take issue with the medical certificate.

He said the certificate indicated that Sindane was expected to be able to return to duty by Sunday, September 27, and proposed that his appearance be postponed until Monday.

“So that we don’t waste time unnecessarily. I considered the medical certificate, and I don’t take issue with it. The medical certificates anticipates that Mr. Sindane will be able to return to duty in inverted commas on the 27th September, which is Sunday. We would accept that in the light of the medical certificate, Mr. Sindane’s appearance today is unnecessary, but we would ask that it be postponed to Monday, which is the 28th,” Chaskalson said.

Chaskalson said the commission could use the day to present documentary evidence in Sindane’s absence, allowing the inquiry to continue while his health was being considered.

Masuku, however, maintained that presenting evidence concerning Sindane while he was unable to attend could prejudice him, particularly because some of the material was linked to an ongoing criminal case.

The defence also argued that Sindane’s failure to disclose private spiritual matters should not automatically be interpreted as bad faith or an attempt to undermine the commission.

He conceded that some aspects of the application could have been handled more expeditiously, but maintained that the medical evidence provided an objective basis for postponement.

Sindane’s court case

Sindane’s appearance before the commission comes against the background of an ongoing criminal matter in which he is a co-accused with prominent taxi boss Johannes Joe Ferrari Sibanyoni.

Sindane and Sibanyoni appeared together in the Delmas Magistrates’ Court in September, alongside two other accused, where they remained on R70 000 bail each. The criminal case was postponed to October 20 after the defence raised concerns about outstanding docket material and the final charge sheet.

READ MORE: NPA lifts suspension of prosecutor in Joe Ferrari Sibanyoni case

The state alleges that Sindane, Sibanyoni and their co-accused were involved in extorting more than R2.2-million in so-called protection fees from a businessman operating in the Nkangala district between 2022 and 2025. The accused have denied the allegations.

The Madlanga commission is separately investigating allegations of criminality and political interference in the criminal justice system, with Sindane expected to face questions about alleged networks and connections within the taxi industry.

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