Colonel Sephungu

Warrant Officer Phakula spoke to his Commander Colonel Sephungu who in turn spoke to General Khan, as confirmed through call records.

“Yes, indeed, he did speak to his Commander, Colonel Sephungu. Even Colonel Sephungu, we did check to say, okay, indeed, he did speak to General Khan.”

General Khan called Colonel Sephungu who was unaware of the operation and Chief Director Mayisela who also did not know about the operation, concluding that the operation by Police officers was unauthorized because their superiors were not informed.

“On page 100, he gives you a blow-by-blow of what he did when he got there. For example, the last sentence in paragraph 11, he says he called Colonel Sephungu who told him that he is not aware of this operation that Phakula is busy with. He says in paragraph 3: "I called Chief Director Mayisela, who is Mashaba's Commander. He also did not know about the operation. So he gives you all the steps that he took to arrive at his conclusion that what these two people were doing was unlawful and unauthorised because their superiors did not even know about the operation."”

Colonel Sephungu was informed about Warrant Officer Phakula's working protocol but responded with a distracting engagement.

“I even informed his Colonel Sephungu. Told them both. I had an engagement with Sephungu, but that was a destructive engagement by him. Because he was trying to distract.”

Lt-Col Sebola says statements concerning General Khan were brought to him by others and he did not consider or give weight to these statements because he considered the sources untruthful or on leave, and he did nothing further about them.

“the statement was brought by somebody else and you did not consider it because you deemed Sephungu untruthful because he was on leave”

The first statement obtained from Sephungu is untruthful according to Lt-Col Sobola.

“the first statement that I obtained of Sephungu indicated to me that he is untruthful”

Lt-Col Sobola did not know that Sephungu's statement was attached in his docket and it was brought to him by Colonel Steyn.

“I was not even part of the one of Sephungu. I did not know that such statement is attached in my docket...It came with Colonel Steyn”

Colonel Sebola found troubling an utterance by Colonel Sephungu who arrested people for no charge of attempted theft and was told to report Sephungu formally if he continued.

“Colonel Sephungu ... said to me ... there is no charge of attempted theft, so I have arrested those people for nothing ... I then phoned Brigadier Sekgobela ... she advised me that if he continue, I must report him formally ... I then informed Colonel Sephungu ... and he apologised”

Colonel Sephungu's conduct disrupted police proceedings by stating there was nothing wrong with Warrant Officer Phakula's actions and interfering with statement taking, including falsely claiming Sebola did not want to take a statement about the incident.

“Colonel Sephungu ... told the Prosecutor ... that Sebola did not want to take my statement with regard to the incident, and he said Phakula informed him and he placed him on duty ... I consider it disruptive”

Colonel Sebola states that if Colonel Sephungu did give permission to Warrant Officer Phakula to act, he should not have initially said they should not have arrested the people as there was no attempted theft, indicating incomplete or misleading communication.

“if indeed he gave Phakula the permission to go, he should have not started by saying you should not have arrested these people... there is nothing like attempted theft because the only thing that you can explain this is to say they wanted to leave, but that is incomplete”

Upon receiving the information about the drugs container opening, the witness contacted Colonel Sephungu for permission to assist, which was granted, and then arranged for Captain Medupi to assist as well.

“I immediately contacted Colonel Sephungu and informed him there is a member from Crime Intelligence who needs assistance on information about drugs which were found in a container and I asked for permission to go assist, and it was granted...I contacted Captain Medupi who was on the same rotation group as mine...Captain Medupi agreed to come and assist.”

Colonel Sephungu informed the witness to get another member to assist and Captain Medupi was briefed and agreed to assist at Alberton, as initially agreed with Warrant Officer Magane to bring the truck and driver to Alberton for detention since the crime scenes started there.

“Colonel Sephungu informed me that I should get another member to assist me...Captain Medupi agreed to come and assist...Initially agreed with Warrant Officer Magane that they will be bringing the truck and driver to Alberton for detention as the place where the crime scenes started.”

Major General Khan arrived on the scene, asked if the speaker's commander was aware of the location, and after getting confirmation, requested the commander's number and confirmed the speaker's version was correct but some details did not add up.

“Major General Khan 's arrival on the scene . Within minutes Major General Khan indeed arrived . I approached him and introduced myself to him . He asked me if my Commander was aware of my whereabouts and I said yes . He requested my Commander 's number and I gave him contact numbers of Colonel Sephungu . After a few minutes , he came back and said he got hold of my Commander and he confirmed my version , but something does not add up .”

Senior Public Prosecutor requested a statement from Captain Sephungu which confirmed the witness's version, leading to the witness being released.

“Senior Public Prosecutor requested the statement from Captain Sephungu and he gave it to them, confirming my version.”

Colonel Steyn instructed Colonel Sebola to take a statement from Colonel Sephungu at the crime scene.

“Colonel Steyn, Commissioner, that that he instructed Colonel Sebola to take a statement of Colonel Sephungu at the crime scene.”

Mr Venter, the attorney, informed Warrant Officer Phakula he was going to be released after Colonel Sephungu's statement was submitted.

“Our attorney, Mr Venter, informed me that I was going to be released as the Senior Public Prosecutor requested the statement from Captain Sephungu and he gave it to them, confirming my version.”

Warrant Officer Phakula was informed he was the one to be released after Colonel Sephungu's statement was submitted.

“I understood it was me because it was after Colonel Sephungu's statement was submitted.”

Colonel Sephungu authorized Warrant Officer Phakula to attend the crime scene after a phone call.

“He confirmed that I gave him a call and he gave me permission to attend the crime scene.”

Captain Sebola opposed bail on 21 July 2021 and witness statements including those of Colonel Sephungu were submitted to prove innocence, resulting in bail being granted the same day.

“On the 21st of July 2021, Captain Sebola came to oppose bail and we submitted our witness statements of Colonel Sephungu, Lieutenant Colonel Mangena, Captain Medupi, Warrant Officer Magane, Warrant Officer Phokungwana, Warrant Officer Chidi, Sergeant Phakula, Sergeant Sapean and Sergeant Maja as exhibits to prove our innocence. We were granted bail on the same day.”

Major General Khan confirmed he spoke to Colonel Sephungu that day and that Colonel Sephungu gave Warrant Officer Phakula permission to attend to the matter involving drugs.

“Major General Khan confirmed that he spoke with Colonel Sephungu on that day and he, Colonel Sephungu, confirmed that I called and informed him about the drugs and he gave me permission to attend to the matter.”

General Khan gave misleading statements about a meeting request and the whereabouts of the witness on 9 July 2021, which may have influenced the Chairperson's decision.

“Major General Khan said that I insisted on meeting him and that Colonel Sephungu said to him when he enquired whether Colonel Sephungu knew where I was on 9 July 2021 and Colonel Sephungu responded by saying he did not know my whereabouts. These were all misleading statements that might have influenced the decision of the Chairperson.”

Warrant Officer Phakula was upset about being treated a certain way at the scene of a drug bust and confronted a high-ranking police official, accusing or implying the drugs belonged to him, despite the official saying the drugs were connected to Colonel Sephungu and not him.

“I was still upset with the way I was treated on the scene ... I was still, I felt I was arrested for something that I did not know ... they actually wanted Colonel Sephungu ... I was distancing Colonel Sephungu from that.”

Colonel Sephungu initially refused permission for Warrant Officer Phakula to attend the operation.

“I first requested permission from Colonel Sephungu and he said, no, do not go”

Colonel Sephungu was the one who gave Warrant Officer Phakula permission to attend the operation.

“Colonel Sephungu is the one that gave permission”

Colonel Sephungu was the commander of Warrant Officer Phakula and was on leave at the time of the operation, but Phakula contacted him concerning drug-related information, and Sephungu came to the scene despite being on leave.

“Colonel Sephungu as being the Commander of Warrant Officer Phakula , a member of the National Investigation Unit based in Pretoria . Warrant Officer Phakula was one of the persons placed under arrest. ... he is actually on leave , but received a message from his member , Warrant Officer Phakula , at 08:27 , that he was following up on drug - related information . ...Colonel Sephungu , as I remember correctly and as I stated here , was on leave at the time . ... But even though he was on leave , he came to the scene , Colonel Sephungu ? That is correct ... No , that is not normal . If you are on leave , you are on leave . You are not supposed to involve yourself with official duties when you are on leave .”

It was not normal for Colonel Sephungu to come to the scene while on leave and involve himself with official duties.

“No , that is not normal . If you are on leave , you are on leave . You are not supposed to involve yourself with official duties when you are on leave .”

It is questioned why Warrant Officer Phakula was asked to come to the scene and why he did not contact the correct people if he belonged to a national investigation entity, also noting he contacted Colonel Sephungu who was on leave.

“He was, you know, who asked him to come to the scene, and why, if he is at a national investigation entity, why did not he contact the correct people? He contacted Sephungu, Colonel Sephungu, who was his Commander, who was on leave”