The Madlanga Commission of Inquiry has been presented with a series of WhatsApp exchanges allegedly linking Mpumalanga taxi boss Oupa “Bafana” Sindane to conversations about protection payments, construction contracts, violent incidents and people described as hitmen.

The evidence was led on Monday by Chief Evidence Leader Advocate Matthew Chaskalson as Sindane appeared before the commission after a failed attempt to postpone his testimony and prevent the use of his cellphone evidence.

Sindane and taxi boss Joe “Ferrari” Sibanyoni are co-accused in a separate extortion and money-laundering case. The state alleges that they and two other men forced a businessman in the Nkangala district to pay more than R2.2 million in protection fees between 2022 and 2025.

‘New sheriff in town’

Among the messages placed before the commission were exchanges between Sindane and Sibanyoni concerning contractors and alleged protection payments.

Chaskalson led evidence about a message in which Sibanyoni allegedly told Sindane that a contractor had bypassed a man identified as Msibi and instead paid protection money directly to them.

The reason given in the exchange was that the contractor had heard there was a “new sherif in town”.

The evidence leader also referred to a separate conversation concerning what was described as a R500 million “Mloto road” deal, with a director allegedly wanting to meet.

The messages are being examined by the commission as part of its broader investigation into alleged criminal networks and the intersection between organised crime, business and the criminal justice system.

The commission has previously heard evidence about alleged “izinkabi” – a term commonly used in South Africa to refer to contract killers – and Sindane had sought court protection from questions relating to the alleged employment or support of such individuals.

Shootout messages and death of ‘Surprise’

The evidence took a darker turn when Chaskalson dealt with WhatsApp exchanges from September 2 2024.

According to the evidence led before the commission, Sibanyoni sent Sindane updates about a violent police shootout.

One message described a person named Mandla as having been shot in the hand, stomach and head, while saying the wounds had not struck the bones.

The exchange was followed by a message stating: “Suprise ushonile” – meaning “Surprise is dead” – accompanied by skull emojis.

Chaskalson then connected the WhatsApp exchanges to information contained in an internal South African Police Service report that was allegedly sent to Sindane shortly after the shootout.

Confidential SAPS report allegedly reaches Sindane

The commission was told that, just hours after the incident, a person identified as Nkambule Themba allegedly sent Sindane a confidential SAPS “SUCCESS REPORT”.

According to the evidence presented, the report concerned a 04:00 intelligence-led operation in Kwaggafontein involving a group referred to as “Kwagga 20”.

The group was described in the report as being linked to extortion, serial killings and construction mafias.

The report allegedly recorded that suspects fired at police during the operation, resulting in two arrests and one fatality.

The deceased was identified as Surprise Ngodela – a name that Chaskalson said corresponded with the “Suprise is dead” WhatsApp message.

The report also allegedly linked the suspects to several murder investigations in areas including Tweefontein, Bronkhorstspruit and Moletlane.

These allegations and the contents of the report are now part of the evidence before the commission and have not, through the commission proceedings alone, established criminal liability against Sindane.

Sindane’s legal battle over the messages

Sindane has repeatedly challenged the commission’s use of his electronic communications.

His lawyers argued that allowing the commission to proceed with the WhatsApp evidence could prejudice him, while his separate High Court application seeks to challenge the commission’s access to and use of his phone records.

The commission has maintained that the records were lawfully obtained. Chaskalson previously told the inquiry that Sindane’s phone records had been lawfully obtained and that the messages placed him at the centre of conversations concerning alleged contract killers and control of the streets.

Sindane’s urgent court application seeking to stop the use of the cellphone evidence was struck off the roll on Monday, according to reports, leaving the commission free to continue considering the WhatsApp material.

Commission probes alleged criminal networks

The evidence forms part of the Madlanga Commission’s wider investigation into criminality, political interference and corruption within South Africa’s criminal justice system.

The Presidency recently extended the deadline for the commission’s final report to January 25 2027, allowing it additional time to process evidence and hear further testimony.

For Sindane, Monday’s proceedings have brought the contents of his alleged WhatsApp exchanges with Sibanyoni into sharp focus, with the commission examining whether the conversations provide insight into alleged protection rackets, construction-sector extortion and links to violent criminal activity.

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