Dog Unit

Warrant Officer Mogana, Chief Mashaba, Booysens officers, and members of the Flying Squad and Dog Unit were present at the scene involving the loading of bags into an NP300 vehicle and engaged in cordoning the area.

“Warrant Officer Mogana fetched his car and parked alongside the truck. Then I saw the bags being loaded onto the NP300 vehicle... Warrant Officer Mogana along with one of the Booysens officers cordoned from one end of the trailer which was carrying a container then to the other where the truck was parked.”

Multiple police units, including Flying Squad, Dog Unit, and DIA Tactical Response, arrived at the scene causing increased tensions.

“Then another Flying Squad car drove in followed by a marked Dog Unit Polo... From then a plethora of cars started driving in... upon the arrival of multiple police units, tension started increasing at the scene.”

Warrant Officer Phakula was placed under arrest and is the same person who called other role players including Dog Unit and DPCI Saneb national office members using the Booysens state phone.

“I was introduced to Warrant Officer Steve Phakula, who was also placed under arrest. Warrant Officer Mogana indicated that he is the one who called Phakula and that the arrest is shocking because Warrant Officer Phakula is the one who called other role players such as Dog Unit and DPCI Saneb national office members and that he, Warrant Officer Mogana, was the one who called LCR C to the scene using the Booysens state phone.”

General Khan interfered at the crime scene by not allowing or disturbing the Dog Unit not to work, and this interference was different from just preventing the search of one container.

“But for General Khan not allowing or disturbing the Dog Unit not to work at the crime scene, it was something else, because if now we have got this information that suggests that it was more than one container that was supposed to have been searched...His interference at that crime scene was something else.”

There was disagreement whether three containers were intended to be searched, as no statements support the claim that three containers were to be searched or prevented from being searched by police.

“None of the statements that you have taken say there were three containers to be inspected...No not even the Dog Unit says, we were there to search three containers...You are the only one and what you have done is you have worked off evidence that says a ship was coming in and there were so many containers...”

Summary of allegations regarding an incident on 8 and 9 July 2021 involving Chief Mashaba receiving information on suspected drugs, assistance in escorting the truck, discovery of drugs, arrest of driver and recipient, involvement of Dog Unit, LCRC, Hawks, and later arrest and charge of Chief Mashaba and others for drug dealing.

“It is alleged that on Thursday, 8 July 2021, Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th of July 2021, the information was followed and Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula. The truck was then escorted to the destination at Aeroton where the container was opened at the receiving bay. While searching the container, the drugs were found. The driver of the truck and the person who were to receive the cargo were placed under arrest. The Dog Unit and the LCRC were summoned at the scene while still compiling the docket. While compiling the docket, the Hawks member arrived at the scene. Chief Mashaba and members who recovered the drugs were later arrested as per Booysen CAS 8/07/2021 and charged for dealing in drugs. The driver of the truck and the person who was to receive the cargo were then released. The Hawks members found the Booysens Police who attended to a complaint and have given their feedback indicating all was in order and that the police have recovered the drugs and the suspects were arrested.”

General Khan did not allow the Dog Unit to work at the crime scene because he did not want more drugs to be recovered at the premises.

“changing the forensic bags was not followed. The high-ranking officer, General Khan, did not allow the Dog Unit to work at the crime scene as if he did not want more drugs to be recovered at the premises.”

Information related to firearms was never followed up because a General refused the crime scene team to work at the scene and the dog unit was called but not utilized.

“However, the information with regard to firearms was never followed due to the General who refused them to work at the crime scene . The Dog Unit was called , however, the dog was not utilised at the crime scene .”

Lieutenant-Colonel Maluleke wanted to take over the crime scene because the drug was part of his mandate, and General Khan took over the crime scene upon arrival, instructing Warrant Officer Magane to sit in his bakkie and Chief Mashava to go to his car taking firearm and cellphone.

“Lieutenant-Colonel Maluleke wanted to take over the crime scene as the drug was part of his mandate . Sergeant Phakula and Sergeant and Warrant Officer Sape from Dog Unit arrived , followed by General Khan . General Khan then said he was taking over the crime scene . Without getting the information from the officers who recovered the drugs , he then instructed Warrant Officer Magane to sit in his bakkie . He instructed Chief Mashava to go to his car and took his firearm and cell phone .”

The dog unit was called to the narcotics crime scene but did not do their job, defeating the ends of justice.

“the Dog Unit was called, but they did not do the job at the crime scene”

Warrant Officer Magane was no longer coming to Alberton SAPS, so the witness contacted Sergeants Phakula and Sape who were on duty at the Dog Unit provincially to inform them of the scene and anticipated location.

“Warrant Officer Magane was no longer coming to Alberton SAPS, I also contacted Sergeant Phakula and Sergeant Sape, who were on duty at the Dog Unit posted provincially...I informed them about the scene and that I was still on my way, and that I will send them the location once I am at the scene.”

The crime scene was still under investigation with witnesses being interviewed and suspects under arrest, exhibits were secured in original form, and the Dog Unit and photographers were summoned for scene management in line with SAPS National Instruction 1 of 2015.

“The crime scene was still under investigation as witnesses were interviewed and suspects under arrest . The Dog Unit was summoned , as well as the photographer . It is also worth noting that the primary responsibility of the first responding police member is to safeguard the crime scene until the arrival of crime scene examiners from Local Criminal Records Centre and the Investigating Officer . I can also confirm that the scene was handled in line with the SAPS National Instruction 1 of 2015 which states that crime scene management involves the process of planning and implementation of measures to take control and secure the crime scene ...”

Warrant Officer Phakula highlighted three questionable issues: it was easier for others to get CCTV footage, the Dog Unit was not used to assist the investigation, and the driver was released which affected the investigation.

“One ... it was easier for them to get the CCTV footage ... The Dog Unit ... could have used it... And also the release of the driver, most importantly the driver. Those are three that I can point at”

Major General Khan instructed the arrest of Tumelo Nku, instructed Warrant Officer Magane to sit in the car and prevented Dog Unit from performing duties at the scene.

“Major General Khan gave instructions for the arrest of Tumelo Nku. He gave instructions to Warrant Officer Magane to sit in the car and not to get out. He prevented Dog Unit from performing their duties at the scene.”

Warrant Officer Phakula contacted the dog unit after Captain Modupi, and was told that Lieutenant Colonel of SANEP had a similar inquiry and would take over the scene, so he did not need to call others.

“Then I phoned the dog unit, and then they told me that Lieutenant Colonel of SANEP has a similar inquiry. So, I did not need to call other people because I believe that when he comes, he will take over the scene”

Phakula mobilised the Dog Unit to confirm the exhibits and assist with taking down statements and booking the exhibits at SAPS 13.

“the Dog Unit to confirm the exhibit and who else? To assist with taking down of statements and booking the exhibits in the SAP 13, I would say”

On 9 July 2021 at about 06:25 a.m., Warrant Officer Magane received a call from Deputy Chief Director Samuel Mashaba of Gauteng Traffic Police regarding information about a truck allegedly carrying drugs near Roodekop next to Leondale area under Alberton SAPS. Warrant Officer Magane was unable to assist immediately but promised to try to get members from the Dog Unit. He called Sergeant Maja from SAPS Ekurhuleni K9 Dog Unit but was told Maja was sleeping as he had worked a night shift previously. Warrant Officer Magane clarified that Sergeant Maja is from SAPS Ekurhuleni K9, not Ekurhuleni Metropolitan K9.

“It was on Friday, the 9th of July 2021 at approximately 06:25 a.m. when I received a call from Chief Samuel Mashaba. Chief Samuel Mashaba works at Gauteng Traffic Police and holds the rank of a Deputy Chief Director. Chief Mashaba called me regarding information about a truck which was allegedly carrying or transporting drugs. He was asking me for assistance or manpower and so to say in order to follow that information. According to his information, the alleged truck was somewhere around Roodekop, next to Leondale area, which falls under Alberton SAPS. It told Chief Mashaba that I was still busy at my station, at Zonkizizwe, so I was not able to assist him immediately, but I promised him that I would try some members that I know from Dog Unit. In this regard, I called Sergeant Maja from Ekurhuleni Metropolitan Department Dog Unit, which is EMPD K9. But he unfortunately told me that he was sleeping as he worked a night shift the previous night. It then called Chief Mashaba back to give feedback from Sergeant Maja.””

Warrant Officer Magane failed to call all relevant units like LCRC, SANEB, Dog Unit, Forensic Lab, VISPOL, and Booysens to the crime scene during the drug bust operation.

“You did not call LCRC, you did not call SANEB, you did not call Dog Unit ... You did not try to call the Forensic Lab, you did not call VISPOL, you did not call Booysens, you did not call anyone that is relevant.”