By Johnathan Paoli
Taxi boss Johannes “Ferrari” Sibanyoni came under pressure at the Madlanga Commission of Inquiry over his relationship with suspended police Sergeant Fannie Nkosi, with commissioner Sandile Khumalo reminding him that Nkosi himself had confirmed the authenticity of WhatsApp messages Sibanyoni was refusing to engage with.
Appearing before the commission on Monday, Sibanyoni portrayed Nkosi as little more than a social acquaintance who occasionally brought him information, despite evidence of repeated contact between the pair and Nkosi’s role in facilitating Sibanyoni’s contact with senior police officials.
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While Sibanyoni objected to the use and provenance of digital material extracted from his own phone, the commission pointed out that Nkosi had been legally represented during his testimony, had testified about his own phone material and had raised no objection to its admission.
Khumalo said that this distinguished the Nkosi evidence from Sibanyoni’s separate complaints about material obtained from his cellphone in connection with criminal proceedings.
“Sgt Nkosi was legally represented in these proceedings and the material from his phone was placed before the commission as evidence without objection from him and he gave evidence on it so it is now evidence before the commission,” Khumalo said.
He said Nkosi had confirmed that the WhatsApp chats came from his phone and reflected what was contained in the material presented to the commission.
“There was no objection from him as regards how they were extracted and how they were placed before the commission and all of that happened with him being legally represented in this commission,” Khumalo said.
Sibanyoni accepted the point, but did not back away from his reservations.
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He said he reserved his rights concerning the chain of custody of Nkosi’s device, the forensic methodology used to extract the messages, whether selected exchanges were complete and properly contextualised, and the authentication of messages attributed to particular senders.
“I will not engage with the substance of any specific message contained in any of these extractions in this statement. No adverse inference shall be drawn from this reservation,” Sibanyoni said.
Earlier in the day, Sibanyoni acknowledged that Nkosi had visited his Centurion Golf Estate home approximately 12 times, although he insisted the visits were social and linked to information the sergeant brought him.
He described Nkosi as a “social acquaintance, a mover and a shaker”.
“I would allow him access when he indicated he had information for me. The access codes provided to Nkosi were provided in this context, he was bringing information to me and therefore attended at my estate. This is consistent with an informational relationship, not a direction of SAPS resources for improper purposes,” he said.
Sibanyoni also acknowledged that Nkosi facilitated his contact with then acting national (and current KZN) police commissioner Lieutenant-General Nhlanhla Mkhwanazi, saying the interaction related to a meeting with Mandla Gcaba Senior and a request for National Intervention Unit assistance.
“My interaction with General Mkhwanazi was initiated by and facilitated through Sgt Nkosi. The meeting and any communication with General Mkhwanazi occurred in the context of KZN peace talk preparations and industry-level taxi violence discussions,” he said.
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Sibanyoni’s account came as he continued to resist questions about evidence linking him to people and events being examined by the commission.
After lunch, he turned to a series of issues contained in his supplementary statement, including an invitation from the Mpumalanga House of Traditional and Khoi-San Leaders and engagements with President Cyril Ramaphosa and then Mineral Resources and Energy Minister Gwede Mantashe.
Sibanyoni said that these interactions demonstrated his standing as a community and industry leader rather than evidence of criminal activity.
He also rejected any suggestion that he had taken over from alleged “Big 5” leader Jotham “Mswazi” Msibi.
“I can understand the temptation to make this connection. As I have stated, I have succeeded as the leader in the taxi industry, which must be distinguished from leading the farm and wielding the power that flows from it. I therefore flatly and categorically reject this suggestion, with respect,” Sibanyoni said.
He maintained that he had no association with Msibi’s alleged headquarters, commonly referred to as “the farm”, and said his previous efforts to alert officials to alleged criminality there had been an act of responsible citizenship.
Sibanyoni also defended his communications with Mandla Gcaba Senior as legitimate taxi-industry and community engagement.
Sibanyoni’s advocate, Mpati Qofa, asked that the questioning be delayed because she wanted to be present when Sibanyoni was subjected to probing questions.
She said she would not be available on Tuesday or Wednesday because of previous commitments, while Sibanyoni also had church commitments.
Evidence leader Teboho Mosikili opposed the delay, pointing out that the commission had previously proceeded when lead counsel was unavailable and arguing that Qofa’s junior was capable of handling the questioning.
Commission chair Mbuyiseli Madlanga ultimately ordered that Sibanyoni’s evidence be postponed to a date still to be determined.
The commission also confirmed that Oupa Jossiah Sindane, who has been repeatedly referenced during Sibanyoni’s evidence and is also facing criminal charges with him, has been subpoenaed to testify.
Qofa represents Sindane as well and indicated that he would seek a postponement.
Madlanga ordered that Sindane file a substantive application before midnight, with that application to be heard on Wednesday.
