Madlanga Commission | Sindane absent as lawyers cite illness, ‘spiritual seclusion’

Prominent Mpumalanga taxi boss and businessman, Oupa “Bafana” Sindane’s, appearance before the Madlanga Commission has hit a snag, with his lawyers citing illness, ongoing court battles and “spiritual seclusion”.

Sindane’s legal team appeared before the commission on Wednesday, seeking to have his testimony postponed while insisting they were not trying to employ “Stalingrad tactics” to delay proceedings.

His lawyer, Advocate Thabane Masuku, told the Commission that Sindane’s alleged illness had only recently been brought to the legal team’s attention recently and was not the original reason for seeking a postponement.

Masuku also opposed evidence leader, Advocate Matthew Chaskalson’s, proposal to hear evidence about Sindane in his absence, arguing this could prejudice his client, particularly while he faces ongoing criminal proceedings.

A medical certificate submitted to the Commission states that Sindane is suffering from “uncontrollable hypertension, severe sinusitis and flu”, among other ailments.

His lawyers want him excused until he recovers or concludes his High Court proceedings.

Masuku argued that hearing evidence in Sindane’s absence could affect his ability to respond later, saying his explanations may carry less weight if he was not present when the evidence was led.

The legal team also cited another reason for Sindane’s absence – “spiritual seclusion”.

Masuku asked the Commission to respect Sindane’s medical condition and spiritual journey, insisting that this should not be viewed as an attempt to delay proceedings.

That explanation drew scrutiny from Chairperson, Justice Mbuyiseli Madlanga, who questioned why Sindane’s legal team was relying on spiritual seclusion when, according to him, Sindane’s affidavit did not elaborate sufficiently on the issue.

“I guess the short point I’m making is that even if we are to take cognisance of it, I doubt that we can take it seriously, not because I do not consider spiritual seclusion to be a serious subject which should be afforded the necessary respect. Not at all. But on the basis that for the purposes of this postponement application, Mr. Sindane himself did not consider it important enough to have it filed and explained in the affidavit,” said Justice Madlanga.

Masuku maintained that Sindane had provided his reasons and that his lawyers were simply putting them forward in his support.

Meanwhile, Advocate Mpati Xofa, challenged the Commission’s access to information obtained from Sindane’s cellphone by the Hawks.

She argued that the search-and-seizure warrant authorised the Hawks to access the cellphone, but did not automatically extend that authority to the Madlanga Commission.

Justice Madlanga pushed back, saying the information was already in the hands of the State, raising the question of whether another state institution could access it.

Sindane is due to appear in the North Gauteng High Court on 6 October to challenge the Commission’s access to his cellphone and the subpoena compelling him to testify.

Meanwhile, evidence leader, Matthew Chaskalson,  has rejected any suggestion that Sindane should first conclude his court battles before appearing before the Commission.

Chaskalson urged the Commission not to treat Sindane as a “special witness”, arguing that accommodating his various legal challenges could consume valuable time.

He further argued that Sindane’s court battles should not dictate the Commission’s schedule, saying his testimony could face yet another postponement if his legal matters remain unresolved.

The ruling on Sindane’s postponement application is expected on Friday.

Written by: Odirile Rabalao