Taxi boss Joe "Ferrari" Sibanyoni challenges Madlanga Commission over use of his cellphone data
By Mpho Dube, Editor-in-Chief
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Mpumalanga taxi operator Joe “Ferrari” Sibanyoni has objected to the use of data extracted from his seized cellphone at the Madlanga Commission of Inquiry, saying it violates his privacy and constitutional rights.
Sibanyoni told the commission in Pretoria on Sunday that the appearance of his phone's content before the commission "represents an absolute abuse and open-ended violation of my privacy and constitutional rights."
He was testifying before the commission chaired by Justice Mbuyiseli Madlanga, which is investigating allegations of criminality, political interference and corruption in the criminal justice system.
Sibanyoni is facing charges of extortion and money laundering in the KwaMhlanga Magistrate's Court with three co-accused. The state alleges they extorted R2-million from businessman Thomas Ntuli between 2022 and 2025. His cellphone was seized as part of that criminal investigation.
Evidence leaders at the commission have sought to introduce data from that phone, which they say contains communication relevant to the commission's work.
Sibanyoni said the information was "flighted" — presented, discussed and analysed in public hearings without his knowledge and while he was not present.
"I could not properly respond to, provide context for or challenge evidence presented to the commission without my knowledge or when I was not present," he said.
He asked the commission to rule that no evidence derived from his phone should be used or referred to during any proceedings that he does not attend.
He also warned that he will challenge the commission's reliance on the phone data in court if necessary. "I reserve the right to challenge this reliance, including by way of urgent application to the appropriate court if necessary," he said.
The commission has not yet ruled on the objection. Justice Madlanga noted the objection and said the commission will consider the balance between privacy rights and the public interest.
The issue raises a key legal question about how commissions of inquiry use material seized in separate criminal cases, and whether such use infringes on the right to privacy and a fair hearing.
Sibanyoni read from a prepared statement and did not answer questions on the contents of the phone. The commission continues ...
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