Taxi boss Joe “Ferrari” Sibanyoni has denied demanding a protection fee from a quarry owner. But he admitted he took 40% of the profits from a business he did not own or run.
He gave the evidence at the Madlanga Commission on Tuesday. He faces criminal charges over the matter in the Delmas court.
Earlier on Tuesday, Sibanyoni told the commission under oath that he had never taken part in any unlawful activity.
Evidence leader Adv Matthew Chaskalson read from a statement by businessman Dr Ntuli. Ntuli ran a quarry supplying aggregate stone for the construction of the R573 Moloto Road, which started at Kwaggafontein in Mpumalanga.
Ntuli describes his first meeting with Sibanyoni in July 2021.
“During the meeting, I was told in order for me to operate in that area, I have to pay a protection fee. Because they are the people who are looking after all the land in Kwaggafontein,” the statement reads.
“They promised me that no one will touch my business operation only if I pay the protection fee to them.”
Asked for his response, Sibanyoni asked to claim his privilege against self-incrimination.
Chaskalson objected. He said Sibanyoni could not swear he had never acted unlawfully and then say an answer might incriminate him.
“In fairness to you, I’m prepared to accept that 78 may have overstated it. I think there are very few people who can say they’ve never participated in any unlawful activity,” Chaskalson said.
He said Sibanyoni could claim privilege only if he withdrew that statement.
Sibanyoni refused.
“I do stand by my statement. The Delmas charges are charges which I deny and intend to contest fully. So contesting this fully is at the court, not at the commission,” he said.
Commission chairperson Justice Mbuyiseli Madlanga said that if Ntuli’s claim was false, Sibanyoni could simply say so.
“I do not see why you cannot say: I never said any such thing to Dr Ntuli. Unless you are unable to say that’s untrue,” Madlanga said.
He was then asked if he told Ntuli he must pay a protection fee, he said: “No, not at all.”
Chaskalson read another line from Ntuli’s statement.
“On that day, Joe Sibanyoni demanded that I pay him an amount of R100,000 in cash before he could further open a channel of communication,” it reads.
“No, it’s not true,” Sibanyoni said.
In the statement, Ntuli says Sibanyoni and Bafana told him that 40% should go to them as a protection fee, and 60% to his company. Sibanyoni confirmed that Kabini is a name used by his associate, Oupa “Bafana” Sindane.
Asked if he proposed the 40-60 split, Sibanyoni said: “Yes.”
“What I was implying here is a profit share, a 60-40 profit share,” he said.
He said he was never a shareholder in Ntuli’s company. He was not involved in running the quarry.
“There was no way Mr Ntuli could supply concrete or anything if I was not involved,” he said.
He said there was no written agreement.
“I should have said, let’s go and register it, if we wanted to make it professional. But Mr Ntuli is as old as I am. If we agree, we agree. We simply go on,” he said.
In the morning, Sibanyoni said a “written rule” required outsiders to give locals 30%. He could not say where it was written.
In the afternoon, he said his 40% was a share of that 30%.
Madlanga said the figures did not add up.
“It sounds as though Mr Sibanyoni wants to push in the 40, for us to understand why at this meeting there would be a discussion about 40. So now he decides to tell us that it’s 40 of the 30, so that the 40 makes sense,” he said.
“To then talk of 60% and 40% of that 30% does not make sense whatsoever. And that has nothing to do with us not understanding. We actually understand fully.”
He said what Sibanyoni said in the morning and what he was saying now “are not one and the same”.
Madlanga asked Sibanyoni whether he wished to “tell me why I’m talking nonsense, perhaps”.
“No, Chair, you’re not talking nonsense, with due respect,” Sibanyoni replied.
He then said he and Ntuli were partners in the supply. He said local businesses grouped together to make up the 30%.
“I come with the quarry, others come with their trucks, others with a lot of things, plus labour. All those things combined form 30%,” he said.
The hearing continues.
