Brigadier Nkhwashu states he never asked Sergeant Tshukudu to approach Witness B or convey any message about Tau's bail application and denies improper interference in the bail proceedings of Tau.
“I never asked Tshukudu to do so ... I never asked Tshukudu to convey any message to Witness B ... I deny that I attempted to interfere improperly in the bail proceedings of Tau ... I specifically deny that I instructed or requested or authorized Sergeant Tshukudu to contact Witness B or any other person regarding Tau's bail ... I did not ask Tshukudu to find out whether the state will oppose bail ... I did not ask him to plead for bail ... I did not ask him to pass any thank you message to Witness B after Tau was granted bail”
Brigadier Nkwashu coordinated obtaining dockets from Detective Commanders after receiving instructions, except for two dockets one of which was with the Director of Public Prosecution (DPP).
“I received all the dockets but two. I thereafter enquired about the dockets. Immediately thereafter, I received a call from Witness B ... stating that she was not able to provide me with one of the dockets as she did not have the docket with her as that docket was taken by the DPP.”
The docket for the Armand Swart murder was transferred to the Organized Crime Unit at the Provincial Headquarters where Witness B is working, and the speaker authorized this transfer.
“the docket...was transferred to the Organized Crime Unit at the Provincial Headquarters where Witness B is working”
Investigating officer Witness B may have attended some of the social gatherings at the White House.
“Investigating officer, Witness B, may have attended some of these social gatherings because I started getting to know it from this Commission when General Shibiri was testifying and when Witness B was also testifying.”
Brigadier Nkhwashu discussed a murder case in Vereeniging involving a police officer arrested in that case and stated the investigating officer is Witness B.
“Brigadier Nkhwashu mentioned of a murder case that happened in Vereeniging, and the case is with our unit...the investigating officer of the case is Witness B”
Brigadier Nkhwashu stated that Witness B opposed bail for the accused person Pule Tau, and that his brother-in-law was willing to pay the bail.
“Witness B informed me that she was opposing bail. I then returned and informed Brigadier Nkhwashu that the state is opposing bail... Brigadier Nkhwashu's brother-in-law was willing to pay the bail for the accused person, Pule Tau.”
Brigadier Nkhwashu met Witness B on his return to work and discussed the Vereeniging murder case, confirming he already knew about the case.
“I then told Brigadier Nkhwashu that when I see Witness B, I will ask her if the state will oppose bail ... I met Witness B and I told her that I saw an article in Vereeniging murder case ... he already knew about this case”
Sergeant Tshukudu made an inquiry about bail proceedings from Witness B on behalf of Brigadier Nkhwashu's brother-in-law, despite Brigadier Nkhwashu's stated reluctance to involve others in his work or discuss his cases.
“Sgt Tshukudu would still have gone ahead and made this enquiry from Witness B”
It is probable that Brigadier Nkhwashu told Sergeant Tshukudu that his brother-in-law wanted information about whether the state would oppose bail for an arrested person, leading Sgt Tshukudu to seek that information from Witness B independently.
“if you told or asked or hinted to Sergeant Tshukudu to get information about the bail proceedings from Witness B... it is no" always true that we would only attain that information by checking your record”
Advocate Pooe suggests it is probable that Brigadier Nkhwashu discussed more with Mr Molefe about the bail matter than he has revealed, likely involving requesting or hinting to Sergeant Tshukudu to get information from Witness B.
“it is more probable that you discussed far more with Mr Molefe about this matter than you care to tell us”
Brigadier Nkhwashu says he had a sequence of conversations with Sergeant Tshukudu before and after the bail was opposed and granted regarding Warrant Officer Tau, indicating different feedback at different stages.
“During those sequence of events, Tshukudu is alleging that he came and updated me. And now, the first update was that, according to Tshukudu, Witness B said she is not able to assist me or my brother-in-law in not opposing bail.”
Witness B said she would oppose bail (as per last sentence of paragraph 4), but this feedback was before the magistrate hearing; after bail was granted, Witness B reacted to the gratitude expressed by the family.
“The first update is the last sentence of paragraph 4, where Tshukudu comes back and says the state is opposing bail... Witness B reacts to the gratitude being extended to her, that thank you for ensuring that Tau got bail. Witness B then says I had nothing to do with it. That was the decision of the Magistrate.”
A conversation between Warrant Officer Mills and Witness B on 8 April 2025 involved a request to obtain a copy or a picture of the J50 warrant, with Mills responding with a bowing picture.
“It is a conversation between Warrant Officer Mills and Witness B. I will say the black with the slight shading, that is the text from Warrant Officer Mills, who we have been told is in Maj-Gen Mbuso Khumalo's office. He then reached out to Witness B to obtain a copy or a picture of the J50. This was done on the 8th of April ...”
Witness B complied with the request for a copy of the J50 warrant by 8 April 2025, and Brigadier Nkhwashu reached out to Col Grundling on 16 April 2025 regarding the submission and docket matters.
“So Witness B complying with the request for a copy ... this was done by the 8th of April 2025 ... you then give, you reach out to, was it Colonel Grundling on the 16th of April ... received a request from you on the 16th of April 2025.”
Despite Witness B already providing copies and the docket being overseen provincially, Brigadier Nkhwashu still tried to get the docket on 16 April 2025, raising questions about the necessity of this request.
“The fact that Witness B had already provided the copy, moreover, the docket was already being overseen at the provincial office.”
Affidavits related to certain events were deposed in January 2025, about a month after the events of December 9, 2024, making their accounts likely more accurate due to recency.
“their affidavits were done four weeks after these events... their account of events is more accurate than yours”
Witnesses A and B were confused about Lieutenant-General Shibiri's motives because he operated in a 'grey area' by mentioning a bribe without explicitly telling them to take it, causing uncertainty.
“Witness A and Witness B left that meeting very confused about your motives. Because you were operating in the grey area. Because you were not express about the bribe. You were suggesting to them that there is something available if they were susceptible to it. That is what they understood.”
Witness A felt the introduction of junior police officers at the gathering was an attempt to test whether Witness A would be susceptible to bribery, as the 16 May 2024 meeting indicated Witness B was not susceptible.
“in his mind , it appears to him that this is another attempt to see whether he will be susceptible to receiving a bribe . That is how he perceives it .”
Witness B recorded a telephone conversation with General Shibiri using her cellphone without initially intending to disclose the recording publicly.
“at some point during the telephone conversation with General Shibiri, Witness B recorded the conversation using her cellphone. I had no intention of disclosing this recording publicly”
The arrest of Mr Katiso Molefe on 6 December 2024 made Witness B and the speaker more suspicious about inquiries related to the Swart murder case, especially about Mr Molefe's arrest.
“the arrest of Mr Katiso Molefe on 6 December 2024 made us more suspicious of those who would enquire about the Swart murder case, and in particular, Mr Molefe's arrest”
Witness B and the speaker initially had no intention of recording the call with General Shibiri, but decided to record once General Shibiri mentioned being invited to General Sibiya’s birthday celebration.
“When General Shibiri called, Witness B and I had no intention of recording the call... but at some point, General Shibiri mentioned that he had been invited to General Sibiya’s plot for a birthday celebration. At that moment, we decided to record the call”