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Madlanga Commission: Court rejects taxi boss’s attempt to block WhatsApp evidence

The Gauteng High Court has rejected Mpumalanga taxi boss Bafana ‘King of the Sky’ Sindane’s urgent bid to prevent the Madlanga Commission of Inquiry from using WhatsApp messages obtained from his electronic devices.

Also see: President Ramaphosa grants final deadline extension to Madlanga Commission

According to eNCA, King of the Sky approached the court seeking to challenge the commission’s use of the messages, which were retrieved by the Mpumalanga Organised Crime Unit and handed to the commission’s Recommendations Task Team.

The court’s decision clears the way for the commission to continue considering the material as part of its investigation into alleged criminality, corruption and interference within South Africa’s criminal justice system.

Also see: Madlanga commissioner Sandile Khumalo targeted in alleged threats

WhatsApp messages under scrutiny

The messages between King of the Sky and fellow taxi industry figure Joe ‘Ferrari’ Sibanyoni came under scrutiny during Ferrari’s testimony before the commission last week.

Evidence leaders questioned Ferrari about exchanges that included references to “izinkabi,” a term that can refer to hitmen but which Ferrari told the commission is also used within the taxi industry to describe people who protect taxi bosses and ranks. He denied commissioning, employing or supporting people involved in taxi violence.

The commission has also described King of the Sky’s phone records as lawfully obtained, a position put forward by evidence leader Advocate Matthew Chaskalson during proceedings, reported Business Day.

King of the Sky had sought to stop the use of the messages while challenging the circumstances under which his devices were obtained and handed over to the commission.

King of the Sky faces separate criminal charges

The taxi boss is also a co-accused alongside Ferrari in a separate criminal matter involving extortion and money laundering.

The criminal case is separate from the Madlanga Commission proceedings, and the allegations against King of the Sky have not been determined by the commission or a court.

King of the Sky has also been subpoenaed to testify before the inquiry, where he is expected to answer questions relating to alleged networks and relationships within the taxi industry.

Commission welcomes ruling

Madlanga Commission spokesperson Jeremy Michaels welcomed the court’s decision.

The ruling means the commission can proceed with its work without the latest legal challenge preventing it from dealing with the WhatsApp material.

King of the Sky’s legal challenges come as the commission continues examining allegations concerning organised crime, corruption and possible links between criminal networks and people within law enforcement.

The commission has repeatedly stressed that evidence presented during its hearings remains subject to testing and that allegations should not be treated as established findings.

Also see: Cat Matlala returns to Madlanga Commission as testimony resumes

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