The Madlanga Commission is set to rule on taxi boss Bafana “King of the Sky” Sindane’s bid to postpone his testimony, as his lawyers argue that a pending court challenge and spiritual seclusion prevent him from appearing before the inquiry.
Judge Mbuyiseli Madlanga, who chairs the commission, said the decision would be issued in a statement because no public hearing is scheduled for Friday morning.
“The statements will be shared through our platform,” Madlanga said.
Sindane was subpoenaed to testify on Wednesday but did not appear.
His legal team instead submitted a medical certificate and sought a postponement until October.
Sindane is a close associate of Mpumalanga taxi boss Joe “Ferrari” Sibanyoni.
His lawyer, Thabani Masuku, said Sindane was also pursuing a court order aimed at preventing his testimony and stopping the commission from using his cellphone messages as evidence.
“The proceedings may well be regarded as having absolutely no merit at all, but that’s for the court that hears the application to decide that,” Masuku said.
He further argued that releasing Sindane’s evidence publicly while he was absent would be unfair, and said the taxi boss’s spiritual seclusion was a private and culturally significant process that could not simply be disrupted for the inquiry.
Masuku questioned whether Sindane, given his circumstances, would be able to properly follow proceedings even if his evidence were filed.
Chief evidence leader Advocate Matthew Chaskalson SC opposed the wider postponement, although he did not dispute the medical certificate.
Chaskalson argued that Sindane’s pending court application and spiritual seclusion should not derail the commission’s tightly scheduled programme.
He described the court challenge as a “self-created urgency”, saying Sindane’s legal team had only approached the court shortly before his scheduled testimony.
“Our programme is tight,” Chaskalson said, warning that repeated delays could prevent the commission from completing its work.
kamogelo.moichela@iol.co.za
IOL Politics
