By Lehlohonolo Lehana.
The Madlanga Commission of Inquiry has on Friday, dismissed an application by Mpumalanga taxi boss Oupa Bafana Sindane to postpone his testimony.
Sindane wanted the commission to hold off on hearing his testimony until an urgent application to block the Commission’s subpoena and the use of his cellphone data is ventilated in the High Court in Pretoria on 6 October.
He also submitted a medical certificate, claiming he was unfit to attend proceedings.
Sindane’s legal team had argued that he was in “spiritual seclusion” and was also unwell, with a medical certificate citing “uncontrollable hypertension, severe sinusitis and flu”.
His counsel, Advocate Thabane Masuku, objected to evidence being led in Sindane’s absence, arguing that allowing him to respond only after the evidence had been presented would be unfair.
“A later objection cannot unbroadcast private communications or restore the presumption of innocence in the public’s minds and we therefore submit that the move should be avoided. It is a matter of public record that Mr. Sindane faces a criminal trial that has, in earnest, not yet begun,” said Masuku.
Commission evidence leader, Advocate Matthew Chaskalson, opposed the postponement, arguing that the inquiry’s tight schedule could not accommodate repeated delays by witnesses.
In a media circular issued on Friday, the Commission said evidence against Sindane would be heard on Monday, 28 September, regardless of whether he appears to testify.
Sindane is now expected to return to the hot seat on Monday, 28 September.
He is expected to face questions about financial records, stokvel dealings and alleged payments involving fellow taxi boss, Joe Sibanyoni.
Meanwhile evidence leaders have launched a bid to keep former SAPS major-general Feroz Khan key WhatsApp communications out of the public eye, when he appears before the Commission.
The application seeks permission to introduce certain WhatsApp communications involving Khan, together with related documents, in an in-camera hearing.
If granted, the public and media would be excluded from that portion of the proceedings.
The application comes after the Commission heard evidence concerning Khan’s financial dealings, his property interests, vehicles and communications with individuals who have featured in the inquiry.