Madlanga Commission draws firmer line on delays as Sindane postponement bid fails - IOL

Justice Mbuyiseli Madlanga, chairperson of the commission, which rejected Oupa “Bafana” Sindane’s bid to postpone his testimony.

The Madlanga Commission has rejected Pretoria-based taxi boss Oupa Jossiah “Bafana” Sindane’s attempt to postpone his testimony, finding that he delayed bringing both his court challenge and postponement application despite knowing the grounds for weeks.

Sindane had been subpoenaed for Wednesday. The inquiry is probing alleged criminality, political interference and corruption in the criminal justice system.

Sindane is a close associate of Mpumalanga taxi boss Joe “Ferrari” Sibanyoni and his co-accused in a separate extortion and money-laundering case.

In written reasons, retired Justice Mbuyiseli Madlanga said Sindane’s delay in approaching both the High Court and the commission was central to the decision.

Sindane had asked for his testimony to be postponed while he challenged the constitutional validity of a Regulation 10(6) notice and subpoena requiring him to answer questions and testify.

Madlanga said Sindane had known the grounds by August 8, when his then attorneys raised them in correspondence, and again on August 15.

Despite this, the High Court application was launched on September 21, two days before he was due to testify.

“Mr Sindane sat idly by for a considerable length of time and only brought the High Court and postponement applications at the 11th hour,” Madlanga said.

He said the timing led him to infer what prompted the late court move.

“An inference is inescapable that what galvanised him into action was his looming appearance before the commission.”

Madlanga said the delay meant Sindane’s urgent application for an interim interdict would only be heard on October 6, after his original testimony date.

He also criticised the timing of the postponement application. The commission attorneys told Sindane on September 16 to file any postponement bid by September 18, but he did not.

Only after Madlanga asked on September 21 about Sindane’s appearance two days later did his lawyers indicate a postponement would be sought.

“If there ever was a most egregious form of inordinate delay, this is it,” Madlanga said.

Taxi boss Bafana Sindane is expected to testify at the Madlanga Commission.

He added that, apart from the medical certificate submitted on Sindane’s behalf, the application “totally lacks substance”.

The commission did not reject the certificate. Chief evidence leader Advocate Matthew Chaskalson SC said he could not fault it, and Madlanga agreed.

The certificate indicated that Sindane would be available for “work” on Monday, September 28, which Madlanga said he understood to mean he would also be able to testify.

Sindane had objected to evidence about his WhatsApp chats being led in his absence, arguing that he would be prejudiced because he could not immediately challenge what was said about them.

Madlanga found that concern should fall away if Sindane attended on Monday.

The commission ordered that “the evidence of or concerning Mr Oupa Jossiah Sindane must be led on Monday 28 September 2026 in whatever format”.

Madlanga said further delays would pressure an inquiry under tight deadlines.

“The commission has a limited life,” he said, adding that witnesses had to appear as scheduled or the timetable would be disrupted and time lost.

The commission’s term is set to run until January 25, 2027, but Madlanga said the extension would not lessen the scheduling pressure.

“The extension is not meant to accommodate witnesses who, through tardiness or for other unjustifiable reasons, are unable to testify before the commission as required,” he said.

The ruling follows months in which the commission has taken an increasingly firm approach to delayed testimony.

North West businessman Suliman Carrim faced repeated postponement applications on medical grounds before the commission ordered that any further bid to excuse him be supported by an independent medical assessment.

Investigating Directorate Against Corruption head Andrea Johnson was subpoenaed after returning to work following an illness that prevented her from appearing, while Crime Intelligence deputy Major-General Feroz Khan was told he would only be excused from his September 28 appearance if an independent assessment confirmed he was medically unfit to testify.

Sindane can still bring another postponement application if he produces a new medical certificate before Monday.

Madlanga said the commission had received correspondence advising that Sindane’s condition had deteriorated, and any fresh application would be considered on its merits.