Alpha

Communication on the screenshot from 1 July 2021 involves two people, Alpha and another person responding to Alpha, on the device belonging to the person responding, not a three-way chat as initially suggested.

“It is two people, it is Alpha and whoever it is that is responding to Alpha ... I agree, Chair”

Mr. Nku denies screenshots mentioning Alpha were taken by him and affirms there was no reason to take screenshots communicating with Iby.

“There is probably one screenshot that would relate to me, because I never had to take screenshots communicating with him ... There was no reason”

There is a chat screenshot dated 21 May 2021 involving Mr Nku and others discussing the keys and container and seal, with a person named Philipp Plein involved.

“a chat which is an image, a screenshot on your phone and it is 21 May 2021 ... can you get the pics of the container and seal ... so it is not going to happen today ... boss, the driver details still have not been loaded yet”

Mr Nku confirmed that it is possible that Alpha saved his number as Philipp Plein on the chat app device.

“It would be possible”

The name Philipp Plein was saved by a person named Alpha in the chats, and is not necessarily the name Mr Nku uses for himself or was known by.

“On these chats, it is Alpha who had saved you as Philipp Plein ... It does not matter that you do not call yourself or ever called yourself Philipp Plein.”

Screenshots capture a chat between users identified as Alpha and another user, discussing urgency and pressure related to some operation involving containers.

“The above screenshot is a communication between two users, with one user Alpha mentions... 'When do we get this stuff' followed by the message 'I need to plan with people and the bosses are on my case'... The other user mentions 'Boss, this thing is going to kill us going to happen. I am telling you. This is a do or die for me and everyone there.'”

The chat messages reveal coordination about timing and arrangements for moving containers, with concerns over delays and security issues, and efforts to avoid inspections by Customs.

“Alpha: 'They give us the time and we arrange everything. The other truckers are already kicking their containers.'... The other user says: 'Boss, I know the guys are delaying, but it is not that they are failing. Inside everything is well sorted out. Just a small hurdle of final gate release... Alpha: 'Mate, I really do not understand this. Why are there security issues? They take in the containers for inspection. They are Customs. This is starting not to make sense to me.'... Messages suggest the user had people assisting with the release and did not want the container subjected for inspection, which suggests it contains something illegal.”

There was a coordinated communication about moving containers with a tight deadline and pressure to perform before the shift ends at 10 p.m., with concerns about 'heat' or pressure if not done that day.

“The client's transporter is booked for tomorrow. They will allow some containers to go out first. Their shift ends at 10 p.m. We have from now till then to perform. We acknowledge the type of heat that is coming if this is not done today.”

There was pressure to obtain a container by a certain date, with people assisting at the Port of Durban to release the container and its contents, despite no recorded out movement at court at the time.

“This user makes mention of heat that is coming, which suggests that there was pressure to obtain what was in the container. And again, the conversations, it is clear that the user had people who are sitting at the Port of Durban who were assisting to get the container and these contents released. The container was due to be picked up upon the 2021-05-1, as per the message of the unidentified user mentioning transporter is booked for tomorrow.”

A conversation between 'Alpha' and Philipp Plein was identified from metadata on WhatsApp screenshots relating to the timing and messages exchanged around container transport details.

“Now we have identified that person as Philipp Plein now. So now we can confirm to say this conversation is between Alpha and Philipp Plein.”

It is disputed whether a user communicating with Alpha is Philipp Plein or another person forwarding messages, but timing and metadata strongly indicate Philipp Plein was directly involved in the communications.

“I disagree because if we look back to the first screenshots, ... this other unidentified user, we have not identified him as Philipp Plein yet... It appears to say that person was Philipp Plein.”

There was a WhatsApp communication between Alpha and Philipp Plein where Philipp Plein was identified to be the other party communicating with Alpha regarding container and seal pictures.

“Philipp Plein now, because already I have identified to say the other person is Philipp Plein ... Philipp Plein is answering now the point by Alpha ... Alpha : " I need that pics of container and seal so I can also take pressure off me . " Philipp Plein : " On it , boss "”

Alpha was under pressure and expressed nervousness about the delay in getting pictures of the container and seal, pressing Philipp Plein to open the container and take out the stuff urgently.

“Alpha : " Boss , I am getting really nervous now . How come your guys do not know this ? Please just go to container and open and take the stuff . I am telling you we are going to have big , big , big shit if we do not give this stuff today . We made a lot of promises and not delivered . "”

There is suspicion that container contents were successfully retrieved on 2021-05-21 based on message timestamps and absence of screenshots saved on subsequent days.

“I am of the suspicions that the contents were successfully retrieved on 2021-05-21 . There were never any screenshots saved on 2021-05-22 and 2021-05-23 . That is why I am saying I am of the suspicion to say those contents were retrieved on the 21st .”

The WhatsApp chat and other data confirm that the person named Alpha used a phone number linked to a firearm licence and resided in Bedford view area.

“A l p h a h a d a f i r e a r m , h e u s e d t h a t n u m b e r. ... h i s a d d r e s s i s i n B e d f o r d v i e w”

Conversation on 1 July 2021 between Alpha, Philipp Plein, and Tumelo Nku indicated pressures and issues related to container shipments at Pier 1 and Pier 2.

“Alpha say: 'Please get back to me straight away' ... Philipp Plein says: 'Boss, can't they get Pier 2? We are going to have to pull another mission impossible.' ... Alpha says: 'Look here, the vessel is already set. Let us do last one, Pier 1. We do a mission impossible. I want good pressure. At least we now know the system now.'”

Alpha communicated with syndicates responsible for placing items inside containers, and Tumelo Nku facilitates the release of those containers to retrieve the goods.

“Alpha has communication with syndicates, which are responsible of placing stuff inside the containers. And Tumelo Nku is the one to facilitate the release of those containers in order to retrieve the stuff”

The last WhatsApp conversation on 1 July 2021 shows Alpha noting 'I only got to know now' and Philipp Plein expressing frustration about job difficulties, discussing container contents and specifying to avoid containers with metal or automobile goods due to recent busts.

“Alpha says: 'I only got to know now'... Philipp Plein says: 'Boss, these people are really making our job impossible by the day.' ... Boss, please tell the people that avoid any containers with metal or anything automobile. Only load goods or sugar.”

There were two WhatsApp chats on the site first page with initials E-by and I-by referring to different persons, with 'I-by' being Tumelo.

“There was two WhatsApp chats on the site on the first page. I think it is the first screenshot. It was written as E-b-y. But if you check the WhatsApp conversation of Tumelo and it is I-b-y. So this person who is calling I-by as E-by, it is another person, it is not Tumelo. But he knows Alpha.”

One of the screenshots found on the device of the accused person contained communication between Philipp Plein, saved as Tumelo Nku, and individuals identified as Alpha.

“During the analysis, it was discovered that one of the screenshots found on the device of the accused person contained the communication between Philipp Plein, who was saved in the device as Tumelo Nku, and individuals identified as Alpha”

The screenshot communication is between Tumelo Nku and Alpha, indicating their involvement in the monitoring or discussion about the containers.

“The communication is between him and Alpha .”

The chat messages on 21 May 2021 involve communications between persons with aliases Alpha and Mr Nku, discussing logistics and operational difficulties at the port including monitoring of an app and forklift operations.

“I want us to note that it is important for them to get pictures ASAP. Other things are running through their heads. I think your customs guides need to take this serious. Everything is excuse.”

Mr Nku and Alpha discuss receiving pictures of containers with seals due to threats, indicating possible intimidation related to the container operations.

“Alpha responds and says: 'Then send the pics with the seal so I can show the people. I am getting heavy threats.' Mr Nku responds and says: 'Give me till 7, boss. I am pressing all these guys.'”

There is an operational emphasis on obtaining driver's details as part of monitoring truck and container operations at the port to avoid unnecessary costs and operational delays.

“In response to that, Alpha also takes back to note that it is important for them to get pictures. "It is very important we get that pics ASAP. Other things are running through their heads. I think your custom guides need to take this serious. Everything is excuse."”

The persons referred to as ‘Alpha’ and ‘Mr Nku’ have a role involving chess (role-playing) in managing port operations, interacting over WhatsApp messages discussing containers and logistics details including fork-lift and crane operations.

“And these operations have been run at the pier by Mr Nku and this individual called Alpha.”

The role players Alpha and Mr Nku monitor and coordinate loading activities carefully over an application to upload driver details and monitor container handling ensuring operational control at the port.

“The second message: 'Boss, the driver details still have not been uploaded yet. The guys are monitoring the app, and the forklift guy is our guy.'”

The computer screenshot indicating the shipment info comes from within Transnet and was forwarded to Alpha.

“I c a n e v e n m a y b e e x p l a i n t o t h e m . Th i s c o m p u t e r s c r e e n s h o t , C o m m i s s i o n e r s , i n d i c a t e s t h a t i t c o m e s f r o m t h e h a r b o u r i t s e l f . I t is a p r o p e r t y o f Tr a n s n e t , w h i c h m e a n s s o m e b o d y f r o m w i t h i n Tr a n s n e t c a p t u r e d t h i s s c r e e n s h o t , f o r w a r d e d i t t o t h i s p e r s o n . To A l p h a ?”

Alpha responded to Mr Nku that the vessel is already set and the last mission will be at Pier 1, not putting pressure on the system.

“Alpha responds and says : " L o o k h e r e , t h e v e s s e l i s a l r e a d y s e t . L e t u s d o l a s t o n e , P i e r 1 . We d o a m i s s i o n i m p o s s i b l e . I w i l l n o t p u t p r e s s u r e .”