Madlanga Commission | Khan faces criminal charges as Sindane WhatsApp evidence comes under scrutiny

The Madlanga Commission of Inquiry has placed two high-profile figures under scrutiny, with former Crime Intelligence deputy boss, Feroz Khan, facing criminal charges for allegedly failing to comply with a subpoena, while WhatsApp evidence has raised questions about Mpumalanga taxi boss, Oupa “Bafana” Sindane.

Khan’s legal team appeared before the commission on Monday without him, despite the inquiry having made provision for him to testify virtually.

Commissioners rejected another request to postpone his testimony, saying the inquiry could not accommodate further delays.

Commissioner, Sesi Baloyi, questioned why Khan could not testify remotely, while Justice, Mbuyiseli Madlanga, said he had been given sufficient time to prepare for his appearance.

Khan’s lawyer, Advocate Mohammed Vally, argued that doctors had recommended giving his client another month before testifying, citing concerns relating to psychological stress, anxiety, hyperarousal and concentration.

“And it is pretty clear in what he says. He gives us the mechanism, but he doesn’t give us a timetable and that is where the later report of Dr. Malape comes in. Dr Malape says, having regard to the totality of the evidence and the task that lay ahead of Khan, he feels that it would be appropriate for a month to enable him enough time to prepare,” Valley said.

The commission, however, rejected the postponement, saying an independent medical assessment had already cleared the way for Khan to testify virtually.

It has now ordered that criminal charges be laid against him for failing to comply with the subpoena.

“It does take a few days, as was with Mr. Carrim. I think we have that experience to go by. Typically, it would take less than a week to lay the charges, but we will advise once the charges have been laid,” commission spokesperson, Jeremy Michaels said.

Khan’s legal team maintains that his recent release from hospital on 22 September, following what it described as an attempted assassination in June, should be taken into account.

Khan is expected to testify at a later date, with parts of his evidence potentially being heard in camera.

Meanwhile, the commission turned its attention to Mpumalanga taxi boss and businessman, Oupa “Bafana” Sindane, and a series of WhatsApp messages that evidence leaders say raises serious questions about his alleged links to criminal networks and South African Police Service (SAPS) officials.

Evidence relating to Sindane was heard in his absence on Monday after the commission rejected his bid to delay proceedings.

His urgent High Court application seeking to prevent the commission from using his data extracted from his cellphone was also struck off the roll.

The commission heard allegations that Sindane and taxi industry tycoon Joe “Ferrari” Sibanyoni, demanded monthly “protection fees” from companies working on the Moloto Road construction project.

Evidence leader, Advocate Matthew Chaskalson, told the commission that the pair, together with individuals identified as Masilela, Msiza and Mngoma, allegedly demanded at least R207,000 a month from a company involved in the project.

Chaskalson also unpacked WhatsApp exchanges between Sindane and Sibanyoni, including messages containing information about alleged criminals who had been killed in a shootout with police.

The commission heard, that the messages appeared to have originated from an individual linked to SAPS intelligence and contained information relating to the so-called Kwaggafontein 20, a group allegedly linked to a string of murders and safe-bombings.

Chaskalson said the exchanges raised questions about how Sindane allegedly came into possession of sensitive police information.

The commission also heard allegations relating to blue-light escort services.

WhatsApp exchanges presented to the inquiry allegedly show Sindane communicating with people saved on his phone as “Lepara SAPS Highway”, “SAPS Thapelo Ema” and “SAPS Mashego Midrand”.

Chaskalson suggested that the contacts were linked to SAPS escort services allegedly provided to Sindane and Sibanyoni, with at least one officials allegedly receiving kickbacks for the services.

The commission is expected to continue examining the WhatsApp exchanges and allegations involving Sindane and Sibanyoni when proceedings resume.

Sibanyoni is expected to take to the witness stand on Tuesday.

Written by: Odirile Rabalao