Sibanyoni objects to use of seized phone data at Madlanga commission - TimesLIVE

Joe “Ferrari” Sibanyoni has objected to the Madlanga commission using evidence obtained from his cellphone, claiming it was acquired in violation of his privacy and constitutional rights.

Sibanyoni raised the objection on Tuesday as he continued giving evidence before the commission, which is probing allegations of criminality and political infiltration of the criminal justice system.

He said the data downloaded from his cellphone was obtained in the context of a criminal investigation in Kwaggafontein, where he faces charges of extortion and money laundering.

“I submit that the appearance of my phone’s content before this commission represents an absolute abuse and open-ended violation of my privacy and constitutional rights,” he said.

Sibanyoni formally objected to the commission relying on any cellphone content obtained through the seizure in the Kwaggafontein criminal proceedings.

“I reserve the right to challenge this reliance, including by way of urgent application to the appropriate court if necessary.”

He also raised an objection to what he described as the “flighting” of information, referring to the public disclosure and use of evidence extracted from his cellphone during proceedings held in his absence.

Sibanyoni said he could not properly respond to, provide context for or challenge evidence presented to the commission without his knowledge or when he was not present.

He asked that cellphone-derived evidence not be used or referred to during proceedings he does not attend.

The commission is yet to cross-examine him based on his statements and the evidence that they have obtained against him.

At Kwaggafontein, Sibanyoni, Bafana Sindane, Mvimbi Masilela and Philemon Msiza are accused of extorting R2m from businessman Thomas Ntuli between 2022 and 2025.