Durban Harbour

An informer gave information about drug and firearm shipments from Brazil to South Africa involving three containers alleged to contain drugs and firearms, with shipments expected at Durban Harbour and positive verification by a seaport controller named Roslin Ngobeni.

“The informer received information through his sources about the drugs and firearms that were to be delivered in South Africa ... The alleged three containers were given preference at the Durban Harbour . The information was followed by the complainants in Booysens CAS 252/11/2021 and indeed the information was positive . There was a drug bust at Scania . The information was confirmed by Roslin [ ? ] Ngobeni , employed by Freight and Logistics as a seaport controller .”

The alleged three containers given preference at Durban Harbour refers to an unofficial tolerance during load shedding allowing certain containers to pass without full checks.

“When he was explaining, I think it is that time when as a country we used to have load shedding and stuff like that . I do not know how it works at the harbour, but he indicated that during that period when there was a load shedding , those containers were allowed to pass . Something like that , something along those lines .”

Mr Nku was in the vicinity of Durban in May 2021 during the communications about the shipping container and the seal.

“Nku was in the vicinity of Durban. I f y o u l o o k o n t h a t m a p”

A screenshot of a computer display found on the device indicates shipment information with consignment scheduled to depart on 2021-05-30 and arrive in Durban Harbour on 2021-06-11.

“a screenshot of a computer display was found on the device. The screenshot reflected shipment information, indicating that the consignment was scheduled to depart on 021-05-30 and arrive in Durban Harbour on 2021-06-11 .”

IPID obtained statements of independent witnesses including truck driver Brightman Vusi Mtembu regarding container details and events of 2021-07-08 and 2021-07-09.

“IPID obtained the statement of other independent witnesses , the truck driver , the lady who was about to receive the goods , and the manager at Scania . The first person is Brightman Vusi Mtembu , who was the truck driver . His statement , I attached the statement as T K 12 , indicated that on 2021-07-08 in the morning he was in Durban when he received a message from his company with the container details to be collected at Durban Harbour . He arrived at the Durban Harbour at about 18 : 20 . He inspected the container and the seal was intact . He then took the container and drove to Roodekop , where he arrived at about 00 : 20 . On 2021-07-09 at about 6 : 30 , he arrived at work and went to inspect the truck and found that the seal was still intact . He was about to take the”

The truck driver took the container at Durban harbour about 13:30 and arrived at his company in Johannesburg by 20:00, which was considered very quick.

“the driver took the container at the harbour at about 13 : 30 and arrived at his company in Johannesburg at 20 : 00 , which is very quick”

Colonel Jacob indicated some parts of the seizure presentation were compiled by him, including photos of Durban Harbour, but the full document includes slides he is not familiar with and was not sanctioned by his office.

“the photos in the front and the Durban Harbour and all of that, I compiled as similar presentation ... this was not sanctioned by my office”

Colonel Jacob acknowledges that although he was present at drug seizures at Durban Harbour from the inception, he was usually not the investigating officer.

“I have been present at seizures. I was not the investigating officer. I have been there since the inception ... but I had not been the investigating officer there.”

CHC depot was a licenced depot which falls under the responsibility of ORS services at Durban Harbour.

“They were a licenced depot . Yes . Because if you go to paragraph 4 under Mission , at paragraph 5 , and that will be at page 659 . No , 87 , I think . 688 to be more precise . Page 688 . My apologies , I just want to check , yes . ... CHC depot Isipingo Prospecton. Yes , I see it, Commissioner. So then you have always known that CHC depot Isipingo Prospecton is part of the licenced depot . It falls under the responsibility of the ORS services at the Durban Harbour.”

Colonel Jacob did not previously know that CHC depot Isipingo Prospecton fell under the responsibility of ORS at Durban Harbour.

“I did not have that understanding.”

Standard Operational Procedure at ports requires operational to brief commander on container smuggling intelligence, and commander to then brief section head of VPO, Visible Policing and Operations at ORS.

“Crime Intelligence procedures. When an operative has information relating to smuggling within containers at these ports at Durban Harbour, the intelligence operative must brief the commander on the information. The commander will analyse the intelligence and once all the relevant information is gathered, the commander will then brief the section head of the VPO, Visible Policing and Operations at ORS.”

Lt-Col Duma states the malicious manner in which his name has been mentioned in the Commission has put his life and safety at high risk due to the drug cartels operating in Durban Harbour.

“The malicious manner in which my name has been mentioned in the Commission has put my life in danger and at high risk ... I request the Commission to assist me by testifying behind camera to protect my identity, safety and family.”

Sergeant Masoma possessed an inquiry file and a message from his former about a container from Durban indicating the container with trucks was leaving Durban Harbour to Gauteng and that Masoma must be ready on standby on 8 July 2021.

“Sergeant Masoma was in possession of an enquiry file and he also showed me a message on his phone between him and his informer talking about the container from Durban . I remember the message on Sergeant Masoma 's cellphone was received on a Thursday , the 8th of July 2021 and it read that the container with the consignment of trucks will be leaving the Durban Harbour to Gauteng and that Sergeant Masoma must be on standby .”

Handling, storage and subsequent theft of seized drugs at Durban Harbour and Port Shepstone DPCI offices are being investigated with evidence from potential witnesses.

“starting with the actual seizure of the drugs at the Durban Harbour, and the circumstances surrounding that. The handling of the seized drugs and subsequent storage at the DPCI Port Shepstone offices, the subsequent actual theft of these drugs from the Port Shepstone offices, and what the investigations have uncovered thus far as regards to that theft. And the evidence of potential witnesses the investigators have obtained relating to all the above issues.”

Main trafficking hubs in South Africa include Durban Harbour, OR Tambo International Airport, and Lebombo Port of Entry. Bulk imports mostly occur via Durban Harbour. Smuggling via OR Tambo is mainly by drug mules carrying drugs on their person or in body cavities, while bulk trafficking through shipping containers is conducted by sophisticated syndicates. Smaller harbours are used to a lesser extent.

“The main trafficking hubs in South Africa are the Durban Harbour, OR Tambo International Airport and the Lebombo Port of Entry. Bulk imports are mainly through the Durban Harbour. The smuggling via OR Tambo International Airport is primarily by way of people referred to as drug mules who would smuggle the drugs in their luggage or on their person, such as in body cavities. Bulk trafficking through shipping containers is usually undertaken by sophisticated syndicates. Commissioners, I can also just mention here that except for these harbours, the Western Cape, Cape Town Harbour, Saldanha Harbour, as well as harbours, smaller harbours towards Port Elizabeth and so forth, are all being used to a lesser extent although for these smuggling and trafficking activities.”

Four closest police stations to Durban harbour where exhibits were stored: Isipingo, Maydon Wharf, Brighton Beach, and Umbilo.

“the four closest police stations to the Durban harbour are Isipingo, Maydon Wharf, Brighton Beach and Umbilo”

There is proof that other facilities, including those in Durban Harbour, have handled similar or bigger drug seizures previously without problems.

“there is proof that those facilities, there was similar or even bigger drug seizures from Durban Harbour kept at those facilities without any problems in the past”