A case involving some Brazilian suspects raided and found in possession of cocaine is different from the Booysen case of 2021 regarding loss of 136 kgs of cocaine and unrelated to the Aeroton cocaine in this matter.
“This is the case involving some suspects, some Brazilian suspects who on the basis of intelligence were raided and were found in possession of cocaine ... We have no way of linking the Aeroton cocaine to this cocaine. We are not suggesting that what is being weighed out on that scale came from Aeroton.”
FSL has bricks of cocaine bearing a logo similar to the one seen in the video under discussion, but there is no known connection other than the logo itself.
“FS L has in its possession bricks of Cocaine that have the similar logo as the one that was being weighed in this video that we are discussing ... We have no connection other than the logo.”
Lieutenant Jacob was told to speed up the finalisation of the investigation to have the exhibit sent to FSL for destruction but more samples and space were needed at FSL.
“I called Lieutenant Jacob and told him to speed up the finalisation of the investigation in order for the exhibit to be sent to FSL for destruction. If I recall correctly, Lieutenant Colonel Jacob told me that he went to Amanzimtoti FSL but that they needed more samples”
Brigadier Nyuswa asserted that Colonel Jacob never told him he had called FSL earlier that day or that he had exhausted all avenues, hence Nyuswa called FSL without knowing this.
Brigadier Nyuswa says he called FSL in the afternoon after contacting Colonel Jacob and was not aware that Colonel Jacob had also called FSL earlier that day.
General Senona told Brigadier Nyuswa that FSL (Forensic Science Laboratory) needed additional samples for analysis because earlier samples were flooded.
“Apparently, the samples that were forwarded earlier on, I think they were flooded, but I also think the FSL should have told us using good time, so that that exercise can be done speedily.”
They did not know who sent the brick of narcotics found in the exhibits because they did not receive the docket copy containing that information.
“We do not even know who sent that brick because we do not have, we did not get the copy of the docket. And I believe that information is supposed to be in the copy of the docket as to who took this brick at the FSL in a form of their chain statements.”
Assistant Director Khumalo argues that no speculative statements should be made without confirming with FSL because they know how drug exhibits should be handled and would not allow something like changing bags without approval.
“I have not confirmed with FSL whether what he says is true or not and that is where it should have been left . until you have confirmed with FSL that this did not happen in their presence and they did not approve of it , because I am assuming that FSL knows how drug exhibits should be handled . And FSL case management team would not allow something like that to happen in their presence , especially when you are dealing with exhibits that are being booked at FSL .”
Assistant Director Maphosho agrees that the statement by Morriss explaining the condition of the bags is not contradictory to Nortje's assertion that the bags were not tampered with, clarifying that damage occurred due to handling and transport.
“... the few unique forensic bags was damaged from the handling of the drug exhibits . The weight of the drugs in those bags and the moving of the drugs from Boysen to Pretoria West Training College and to the FSL . He says they suffered damage because of that . Now that is no contradiction to Nortje saying that they were not tampered with .”
Investigators made administrative errors regarding exhibit count; members did not fully explore and receive all exhibits, considered a human error with lack of follow-up on alibis.
“There were fundamental administrative errors made by the investigators. A number of exhibits collected were 700, whereas FSL received 715. One brick of cocaine was recovered by Local Criminal Records Centre and then handed over to DPCI, indicating that members did not fully explore and receive all exhibits. That was regarded as a human error. Lack of follow-up upon alibis.”
Colonel Jacob was actively involved in the matter even while on leave, contradicting any impression that Warrant Officer Mpangase was solely responsible during his absence.
The Protocol 016 dealing with drugs requires correct entries indicating whether items are taken for analysis or merely transferred for storage.
“Entry in accordance with the Protocol, the 016 Protocol dealing with drugs, they are being taken to FSL in their entirety for analysis? That should have been the correct entry.”
Colonel Jacob admits that the entry stating drugs were taken for analysis was inaccurate because the lab was not accommodating the drugs at the time and they were stored elsewhere.
“Generally when you book out exhibits straight to the lab ... generally smaller quantities ... This is the relevant entry ... I took myself for analysis to the FSL ... If it was taken for analysis, yes you are correct Commissioner.”
The removal of drugs from Port Shepstone was due to the attempted break-in and genuine concern for safety.
“I understand that your approach to FSL on the 27th was to remove the drugs from Port Shepstone , because of the attempted break-in . Now you were truly worried for their safety .”
Warrant Officer Sander was making enquiries at FSL regarding exhibits seized at CHC Depot on 5 February 2020.
“Warrant Officer Sander of my office was also making enquiries to the FSL with regards to the exhibits seized at CHC Depot on the 5th of February 2020.”
The FSL (Forensic Science Laboratory) cannot use the sample without knowing it relates to 541 kilos of suspected cocaine.
“The FSL cannot house it. I am trying to get rid of this, whether it be via an expedited analysis report, or if you tell me I can take it straight for destruction, whichever way. So, they were fully aware.”
Investigating officers can perform presumptive testing (like cocaine identification) on the scene without assistance from FSL.
“If you, as the Investigating Officer, wanted to know whether what you are dealing with is Cocaine on the scene, what you found, you could do a presumptive test. You would not need FSL to come out to do that. ... No, I would do that. A presumptive test I can do on the scene.”
Presumptive tests are investigative leads only, involving simple field tests, not formal analysis that FSL does.
“It is something totally different, Commissioner. Remember, a presumptive test does not come with a 212 statement. It is just an investigative lead. It is a little swab. It is the same as having a dog bark at the drugs. It is not what FSL does. It is a presumptive test just saying to me, yes, you are on the right track, carry on.”
Investigating officers have requested FSL to advise on how to destroy exhibits when FSL storage time is limited.
“Have you ever requested FSL to enquire from FSL how to go about destroying exhibits if they take time to make storage available for your exhibits? ... I have, due to correspondence in matters that I have, and it was requested to me that I correspond, that I can move exhibits to them for destruction. Yes, I have.”
Colonel Songca advised that the case, having been submitted to FSL, would be allocated to any analyst and that a request for a specific analyst by an Investigating Officer was irregular.
“Colonel Songca told me that since the case had been submitted to FSL, it will be allocated to any analyst, and that is my Commander, she considered the request from an Investigating Officer for a specific analyst to analyse the case to be irregular.”
Adv Khumalo expresses concern that some exhibits could have disappeared from the FSL long before the floods and that the floods might be used as an excuse to hide this fact.
“These exhibits could have disappeared at FSL long before the floods, and the floods are just being used as an excuse to hide the fact that the exhibits were no longer there when the floods happened.”
The seven bricks of drugs were never brought to FSL; only a small amount for sampling was brought in July 2021 to determine if it was cocaine.
“the seven bricks were never brought to FSL. This relates only to the one bag that Colonel Jacobs speaks about. It was a small amount for sampling... It was the small bag that they brought for sampling to see whether it is Cocaine. That was in July of 2021.”
Colonel Jacob would know the process that FSL requires relating to exhibits and sampling and destruction thereafter.
“That the FS L would require all the exhibits, all the exhibits must go to F S L , that it does not work on the basis of a sample, and that on the basis of a finalisation of a sample, the rest of the exhibits would be destroyed . Would you expect that he knows that kind of process ? Yes .”
Colonel Jacob's statement describes sampling as taking samples from a few bricks and placing a small amount into a smaller exhibit bag for analysis at FSL.
“He says : “ I cannot recall exactly what instructions were , but it involved taking samples from a few bricks and placing a minute amount of powder into a small exhibit bag meant to accommodate these samples . This would then be conveyed to the FS L for analysis . ””
The laboratory (FSL) did not have storage capacity for 541 kilograms of cocaine, so the procedures involved calling a supervisor to arrange storage and possibly moving items to Pretoria if space was inadequate.
“C o m m i s s i o n e r, a l s o , m e a s a C l a n d e s t i n e L a b o r a t o r y, i f I h a v e a l a r g e q u a n t i t y o f e x h i b i t s , I w i l l c a l l m y S u p e r v i s o r w h i l e I a m o n t h e s c e n e a n d t h e n m y S u p e r v i s o r w i l l s t a r t a r r a n g e m e n t s f o r s t o r a g e . I f t h e s t o r a g e , t h e l a b d o e s n o t10 h a v e t h e s p a c e , t h e n t h e S u p e r v i s o r w i l l s a y t o m e , n o , y o u n e e d t o g o t o P r e t o r i a . Th e n w e s t a r t p r e p a r a t i o n f o r t h a t . T h e n a f t e r p r o c e s s i n g t h e s c e n e , t h e n w e t a k e e v e r y t h i n g t o P r e t o r i a .”
FSL's operation was governed by National Instruction 1/2015, National Instruction 8/2017, and the Protocol on the Search, Seizure, Handling, Processing, and Disposal of Illicit Drugs at the time of the June 2021 cocaine seizure.
“F S L 's o p e r a t i o n a t t h e t i m e w a s s u b j e c t t o N a t i o n a l I n s t r u c t i o n 1 / 2 0 1 5 , N a t i o n a l I n s t r u c t i o n 8 / 2 0 1 7 , a n d t h e P r o t o c o l o n t h e S e a r c h , S e i z u r e , H a n d l i n g , P r o c e s s i n g , a n d D i s p o s a l o f I l l i c i t D r u g s , t h e P r o t o c o l .”
As per protocol, all drug exhibits except dagga and cat must be submitted to the Forensic Science Laboratory (FSL) immediately, no later than seven days. Exhibits are registered, stored in the safe and await allocation to any available analyst. Clan lab members do not attend non-clan lab crime scenes to collect or sample exhibits that are stored or will be stored elsewhere.
“In terms of the protocol, all drug exhibits except Dagga and Cat must be submitted to the FSL immediately but no later than seven days. Once the exhibits are at the FSL, the exhibits are registered, stored in the safe, awaiting allocation to any available analyst. My members do not attend non-clan lab crime scenes to collect samples of exhibits that are stored or will be stored elsewhere”
After the theft of exhibits in November 2021, DPCI inquired from FSL whether DPCI could destroy the exhibits instead of FSL, which is irregular since only FSL is permitted to destroy exhibits and the process is quite involved.
“After the theft of the exhibits in November 2021, I was made aware that DPCI had enquired from FSL whether DPCI could destroy the exhibits instead of FSL. This request is highly irregular as only FSL is permitted to destroy exhibits and the process is quite involved.”
There was a discussion documented in an affidavit dated 9 November 2021 involving Colonel Jacob and Colonel Khuzwayo about instructions for taking samples of exhibits to forward to the Forensic Science Laboratory (FSL).
“The affidavit was deposed to by Colonel Jacob. The relevant part: 'The following day on the 23rd of June 021, he informed me... He also requested him to take samples of the exhibits to forward to the FSL ... This was done by Warrant Officer Mpangase on the 23rd of June 2021.'”
There are two polygraph examination reports related to certain events, one unsigned and the other finalized and signed by FSL, but it is unclear if the signed one was submitted to the DPCI, and investigations continue regarding discrepancies in reporting.
“this polygraph examination, it was then finalised ... but we do not know when it was submitted ... There is another report that is also relating to the polygraph which I want to refer to. It is an unsigned report ... one is signed by FSL ... We do not know whether it had been submitted to the DPCI ... we are still investigating the differences in the reporting”
Warrant Officer Sander received various special equipment such as different gloves from FSL, tar mac suits from Pretoria, and neck tests from American sources as part of joint SAPS DEA training.
“I can say I have gone to FSL, they have given me different gloves. I have gone to Pretoria they have given me tarmac suits. Neck tests we would get from the Americans... And I believe I do that in my work.”
Warrant Officer Sander says he calls the FSL and LCRC because he has a relationship with the clan lab team and they come out if it is worthwhile in seizures.
“I always do. I have got a relationship with the clan lab team. I will call them. They will not come out. It is a seizure. But if I find something and they know it is worthwhile coming out, they came out.”
In some circumstances it is not possible to get LCRC to come out, for example 16 nautical miles out at sea where a shipment of cocaine was hidden in a fridge, which is a hazardous environment and they are not qualified or prepared.
“I was asked about a scene where fingerprints could not come out. 16 nautical mile out at sea, we removed a shipment of Cocaine out of a fridge... The fingerprint guys and the FSL guys are not qualified to go out to sea. They are not prepared to go and put their lives at stake and go 16 nautical miles out to sea... It is a hazardous environment.”
FS Labs (FSL) lacks the capacity to store all exhibits from drug busts, causing analysis to fail as not everything can be taken to FSL.
“if FSL does not have capacity to store everything, then even the exercise of trying to get the exhibits analysed fails simply because they say we cannot take everything”
Samples taken to FSL should only be a portion of the consignment, retaining balance locally, but in practice everything goes to FSL for analysis.
“whoever is holding as custody, to take only a sample to FSL and retain the balance. That is the heart of it. It was, anyway, everything must go to FSL”
There is a protocol requiring submission of all exhibits except dagga and cat to FSL within seven days, to be done immediately except in exceptional circumstances.
“The protocol ... requires all the exhibits except for Dagga and Cat to be given to the FSL within seven days in exceptional circumstances. It must be done immediately. But in exceptional circumstances, seven days.”
Officers are required to follow up with FSL until space is available to take exhibits from Durban Central.
“during the time that it is now at Durban Central, are you required to make follow-ups with FSL until they do have space for you to take the exhibits ? That is correct ... and that does take place”
Warrant Officer Sander describes a procedure to process a container seizure, involving briefing crime scene experts, notifying commanders and relevant authorities like LCRC and FSL, and waiting for their arrival before processing the scene.
“We would have notified all our necessary seniors. We would have notified LCRC... I believe I would have called FS... we got stuck in and started processing the scene. We waited for LCRC. We waited for members from Metro Street Crime Unit to arrive on the scene. The members from OR arrived on the scene, and they were told to stay and assist us as well.”
One major challenge in narcotics investigations is the delay in obtaining forensic analysis reports from the Forensic Science Laboratory (FSL), sometimes taking months.
“One such challenge is the delay that the investigators are experiencing to obtain the analysis reports from FSL, the Forensic Science Laboratory... might take months for the investigators to actually receive an analysis report or 21 statement”
Colonel Steyn is unsure if the Forensic Science Laboratory (FSL) conducted its own investigation into the unaccounted drugs that reduced from 751 to 579 in their custody.
“That cannot be accounted for, do you know if FSL has conducted its own investigation of what happened, because this was in their custody? I am not sure. I think Brigadier Allen can attest to that. I will not be able to comment on that”
If exhibits were booked out for investigation, no such investigation was done except for work by FSL, meaning the 'taken for investigation' entry by Warrant Officer Mpangase was a misrepresentation.
“If it was booked out for investigation, there was no investigation to be done on the exhibits except for the work to be done by FSL. So it was supposed to read, taken then for submission to FSL. That is what I would have suspected, not for investigation ... that is a misrepresentation”
The reason LCRC was not called to the Port Shepstone crime scene was not officially stated; while Colonel Jacobi called the FSL, no explanation was given for not calling LCRC.
“I guess, importantly really, the question is, has Colonel Jacobi any way stated or given a reason why the LCRC was not called? We know he called the FSL. That is what the records show, or what is alleged. But he has not said anything about, or has he said anything about why the LCRC was not called?”
Non-tamper evidence bags preserve integrity because any tampering would be clearly visible, thus preventing evidence tampering.
“The importance of that , Commissioners , is that we preserve the integrity of the exhibits . So , it means that whenever that exhibit arrives in that exhibit seal bag at FSL and it has been tampered with , it will be clearly visible . Whether the seal was , for instance , somebody tried to open it or somebody tried to cut the bag and then remove exhibits and then reseal it , that will be evident .”
The LCRC (Crime Scene Examiner) should have been contacted at the crime scene, but FSL was called and declined to attend as it was not a clandestine lab case.
“According to the protocol and the national instruction, the DPCI officer's ought to have contacted a crime scene examiner from LCRC. As indicated earlier, the FSL is contacted where the crime scene is a clandestine drug laboratory. In this instance, the LCRC had to be contacted. According to the version recorded in the factual report prepared by Maj-Gen Senona on 9 November 2021, the DPCI officers stated that they called FSL, Forensic Science Laboratory, on the standby number in order to attend the scene, but FSL stated that they could not attend because it was not a clan labs scenario.”
Four months after the seizure, the cocaine had not been transferred to FSL though regulation requires exhibits to be transferred to FSL immediately and no later than seven working days except in exceptional circumstances.
“It is of concern that four months after the seizure, the cocaine had not been transferred to FSL. As stated earlier, the exhibits must be transferred to FSL immediately, but not later than seven working days in exceptional circumstances”
Shortly after the big cocaine seizure of 700 kg in Aeroton on 9 July 2021, officials seized 700 kg of cocaine which was transferred to FSL for analysis and storage, raising questions why FSL had capacity then but not for the earlier 541 kg seizure in Port Shepstone.
“On the 9th of July 2021, officials seized 700 kilogram of cocaine in Aeroton, Johannesburg. The Aeroton cocaine exhibits were transferred to FSL on 19 July 2021 for analysis and storage. If FSL had capacity on 19 July 2021 to store 700 kilograms, it is unclear why it did not have capacity for 541 kilograms three weeks earlier or anytime before the 021 the theft in Port Shepstone”
Samples, not entire consignments, were the focus of discussions and requests between DPCI and FSL, not the entire consignment transfer to Amanzimtoti.
“the request would have only spoken to the samples that was submitted ... there was never a request to Amanzimtoti for the entire consignment to be taken to Amanzimtoti?”