‘Absolute abuse’: Taxi boss fights use of private WhatsApp messages

Taxi entrepreneur Joe Sibanyoni, known as "Ferrari," has protested the Madlanga Commission's use of his private WhatsApp messages in connection with his criminal case, deeming it a "total abuse of his privacy and constitutional rights." Sibanyoni appeared before the commission in Pretoria to submit a supplementary affidavit, addressing evidence presented in light of his initial statement.

He expressed concerns over the legality of the police seizing his cellphone and downloading its contents for digital forensic analysis, questioning the authorization for the transfer of the data to the commission. The inquiry received 365 pages of private communications, which Sibanyoni's legal team had not been informed about beforehand.

He questioned the chain of custody and the number of individuals who analyzed the data, reserving the right to challenge its use in court. Sibanyoni invoked his constitutional right against self-incrimination, as some of the questions overlapped with his pending criminal proceedings. He clarified that the relationship between him and Pretoria-based taxi boss Bafana Sindane was based on peacekeeping and conflict resolution in the taxi industry, referring to the term "izinkabi" as either a hitman or security personnel.

Sibanyoni denied commissioning or supporting contract killings and debunked phrases like "dogs are coming out and jogging" as references to exercise. He also maintained his earlier testimony about then Transport Minister Sindisiwe Chikunga, stating that she had informed him about officials with "divided allegiances," a claim disputed by Chikunga.

Additionally, Sibanyoni raised concerns about extractions from the cellphone of Sergeant Fannie Nkosi, an officer in the Gauteng Organised Crime Unit, questioning the chain of custody, forensic methodology, and context.