Mashaba

MR N K U communicated this truck movement information to Mr Mashaba by telegram message and arranged a meeting on 8 July 2021.

“I sent this information to Mr Mashaba around 23.00 to 12.00 on 8th July 2021 and told him we should meet there at 6.30”

Adv Mosikili suggests that the money found with Mr Nku on the day and his previous dealings with Mr Mashaba imply the money could have been used for those who assisted him, including Mr Mashaba.

“hence, I am saying, on the scene on that day, you being found with that kind of amount and having dealt with, or at least having in this Commission been informed of your previous dealings with Mr Mashaba, the idea that, for now at least, that money could have been used for those who assisted you, including Mr Mashaba, is not far fetched”

Mr Nku denies that he would pay Mr Mashaba for doing his job, calling the idea far-fetched.

“For me, it would be far fetched, Commissioners, because I do not see the reason why to pay him for doing his job”

Messages saved as E-by (another person) were forwarded to Tumelo who saved them as I-by; these were not original Tumelo conversations but involved communications about Tumelo and Mashaba.

“It was somebody else talking about Tumelo and Mashaba. Hence, this person saved as E-by. Tumelo saved as I-by. These were screenshots but now on Tumelo's phone, they were forwarded by this person who took the screenshots.”

An unattributed speaker suggests that if Mashaba's true intention was to genuinely seize the drugs and take them to the police station, he would have engaged the police fully after securing the drugs; however, limiting involvement to only Magane may indicate a side hustle.

“If it was your true intention to actually seize these drugs in order for it to be taken to the police station, for it to be processed. If, however, it was part of your side hustle, then would it explain why you would not want to get anyone else involved and why it was only you and Magane ...”

Witness I states they were briefed only by Warrant Officer Phakula upon arriving at the scene where cocaine bags were found, and did not discuss with other officers who had arrived earlier (DPCI Germiston and Johannesburg).

“I only spoke with Phakula , the Warrant , and it is when the scene I withdrew after the General came in from Intelligence . Speaking with Mashaba , it was after, when the intention to arrest them was brought .”

Witness I admits they did not discuss the drugs with all officers at the scene but only with Warrant Officer Phakula initially and spoke to Mashaba later when the intention to arrest was communicated.

“No , I was not , Commissioner, maybe I do not know the understanding . I did not discuss with all four of them . As I arrived , I only spoke with Phakula , the Warrant , and it is when the scene I withdrew after the General came in from Intelligence . Speaking with Mashaba , it was after , when the intention to arrest them was brought .”

ADV Khumalo accuses Witness I of using the inquiry number to legitimise an unlawful operation by Maganean, Phakula, and Mashaba which was interrupted by SAPS members dispatched by 10111.

“Your presence there and your use of this 2020 inquiry number was to legitimise what was otherwise an unlawful operation ... to steal the drugs.”

The witness did not mention in their statement that Magane, Phakula, and Mashaba did wrong things at the scene not complying with prescribed procedures, although the witness now acknowledges they should have stated that.

“Maybe I should have stipulated, Commissioner, that also their conduct was improper by removing the bags. I did not state it in my statement. I should have stated it.”

Yellow Jersey Logistics transported a container to Scania in Aeroton; Mashaba and Magane introduced themselves as Crime Intelligence officers but are not Crime Intelligence members.

“The directors of the company Yellow Jersey Logistics, which is the company that was transporting this container to Scania in Aeroton, they say Mashaba and Magane introduced themselves as Crime Intelligence. Were you aware of that? No, I am not, Commissioner.... Mashaba is not from Crime Intelligence, he is a Traffic Officer from Sedibeng. And Magane is a CIMA analyst based in Zonkizizwe. He is not Crime Intelligence. Even if he was Crime Intelligence, he is not operational, he is desk-based. So he would have no business asking to open containers.”

Witness I accepts that the misrepresentation by Magane and Mashaba as Crime Intelligence officers makes their conduct suspicious.

“You accept that that alone is suspicious, makes their conduct suspicious? Yes, Commissioner.”

ADV Khumalo references General Khan's statement to IPID beginning at page 99 and focussing on page 101, which alleges dishonesty by Mashaba regarding drugs, but does not accept it as fact yet.

“I am going to refer you to General Khan's statement to IPID ... It starts much earlier ... The point I want to make before we even get to the statement, I am not suggesting he is telling the truth, and I am not accepting his version at this stage. I am simply saying this is what was before you ... He says at paragraph 7, 18, 19, let us start at 17: " This version of Mashaba is dishonest on so many levels. Firstly, when I arrived there, they had already moved the drugs”

Mashaba got three different police men from three different units to assist him in the operation, but none of their commanders were briefed about it.

“he got three different policemen from three different units to assist him in this operation , while not even one of their Commanders had been briefed about the operation”

Chief Mashaba contacted Gauteng Provincial Commissioner General Mawela for assistance at the crime scene due to difficulties, who in turn arranged Major General Mthombeni to assist.

“The complainant, Mr Mashaba, called Gauteng Provincial Commissioner General Mawela when he was faced with some difficulties at the crime scene and he arranged Major General Mthombeni to assist him.”

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."”

Assistant Director Maphosho acknowledges that Mashaba's supervisor stated he did not know about the operation that Mashaba was conducting on the day in question.

“I know of the fact that the supervisor of Mashaba indicated that he did not know about the operation that Mashaba was conducting on that particular day.”

Mashaba's presence at the crime scene as a traffic officer and lack of reasonable explanation made him a suspect until proven otherwise.

“His presence at the crime scene as a traffic officer and lack of reasonable explanation made him a suspect until the contrary was proved and he was treated as such.”

Screenshots are used to capture messages in Threema because the app deletes messages permanently after sending.

“One will need to either save it on its screenshots so that it can forward it to the next person. So that is why it was saved on Mashaba, on Tumelo Nku's phone, because he wanted to relate what is in the message to the other person”

Warrant Officer Magane only made calls on 9 July 2021 starting around 06:00 between himself, Pokungwana and Mashaba, contradicting his claim that he called earlier that morning.

“The only calls that were made on the 9th, that started around 6, it was between him, Pokungwana and Mashaba ... By saying he called these people, I still maintain he would be lying”

General Ntombeni remembers discussing with an official attached to Gauteng Traffic Police named Mashaba about following drug information and was complaining that the police were about to arrest them.

“he alleges that he remembers speaking to an official attached to Gauteng Traffic Police, who introduced himself as Mashaba, who indicated that they were following the information on drugs, and he was complaining that the police were about to arrest them”

Brigadier Shibiri said he had a conversation with Mashaba regarding drug trafficking information at Aeroton and being accosted by members of SAPS Crime Intelligence and Hawks who wanted to arrest them.

“He said that he had a conversation with Mashaba, relating to the following upon information about drug trafficking at Aeroton and they were accosted by a member of SAPS Crime Intelligence, Hawks, and want to arrest them”

Mashaba told the investigating team they were following up on drug information from Brazil to Scania, and mentioned a person named Tumelo who was later interviewed.

“they were just telling us that they were following up upon information about the drugs from Brazil to Scania... So we asked for the contact details of Tumelo so that we can interview Tumelo, hence, we interviewed Tumelo at a later stage”

A Traffic Officer named Mashaba was involved in conducting a drug bust, which is questioned as not being part of his job description.

“it was our concern that why , especially with Mashaba as a Traffic Officer , but he told us that you normally get this kind of information ... and then you normally assist with this kind of operation .”

The affidavit states Mashaba is employed as Chief at Gauteng Traffic Police in Sedibeng Vereeniging district.

“I am employed as Chief at Gauteng Traffic Police , Sedibeng in Vereeniging .”

The source of information fed to Mashaba was questionable and should be treated with caution.

“the very source of information is questionable”

The Tall Officer referred to in the arrest context is likely Mashaba, confirmed by assistants and counsel.

“when reference is made to the tall officer, it is Mashaba”

Police from Booysens arrived at the crime scene first after Mashaba and Magane and received a complaint about the situation.

“there were two police officers from Booysens who arrived first, who arrived after these Magane and Mashaba arrived at the crime scene. I think they received a complaint from 10111”

The police officers attending the crime scene interviewed Magane and Mashaba and reported back indicating that it was a legitimate operation and they were assisting before Phakula arrived.

“They attended to the crime scene, they interviewed Magane and Mashaba, and ... they also gave their 08, like their report back to 10111, indicating that it is a legit operation, the police are working, and they were assisting Mashaba and Magane before even Phakula arrived at the crime scene.”

The officers arrested (Phakula, Magane, and Mashaba) claimed to know nothing about the drugs.

“I think the thrust of the position of all the people that Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba arrested, I think the thrust of their responses was basically that they knew nothing about these ...”

Assistant Director Maphoso suggests that the arrested officers might know more than they claim at the moment because they were arrested; he names Mashaba and Tumelo as people who possibly know more.

“If the Hawks may be dealt with the scene not the way they dealt with, to maybe the statement of those people, I do not know whether they know more than they are saying at the moment because they were arrested ... Which people do you say may be know more? Mashaba and Tumelo.”

Magane was present from the beginning but may not have had information beyond what Mashaba and Nkuhad had; he was only notified in the morning and even Mashaba contacted Pokungwa first.

“He was only notified in the morning. Even Mashaba called Pokungwa first, and then he was referred to Mashaba. He was there, but ... maybe he did not have information more than what Mashaba and Nkuhad had.”

Lt-Col Sebola confirms that only Magane and Mashaba were the first police officers on the scene, and they were blocked from leaving by Ndou and his colleague.

“That is correct, Commissioner. They are the one who blocked. There were no other police that I was told that they give such instruction to, either to stop or to drive out.”

Magane and Mashaba impersonated Crime Intelligence officers when they identified themselves at the campus, which is a criminal offence.

“It is a criminal offence to impersonate somebody. ... Even if you are a police officer yourself for you are a traffic officer?”

At the Scania Aeroton gate, Magane and Mashaba showed appointment cards and introduced themselves as officers following information about drugs being transported from Aeroton to Scania.

“Whilst I got out of the vehicle I was approached by Warrant Officer Magane by showing his appointment card and who introduced a traffic officer named Mashaba and told me that they were following information in regard to drugs from Aeroton to Scania, Aerotons since yesterday...”

Warrant Officer Phume was asked to get the driver of the BMW and interview him, and LT-COL Sebola interviewed the drivers of the red Kia, Phakula, and Mashaba one-on-one himself to understand their actions at the scene.

“I interviewed them one-on-one myself so that is to acquaint myself with their presence at the scene, their action at the scene.”

Warrant Officer Magane's intent was not to do police work but to assist those who requested him to remove drugs from wherever Mashaba and Nku wanted them to be.

“His intention was to assist those who requested him to remove those drugs from wherever they were, to wherever those two, Mashaba and Nku, wanted them to be.”

Sergeant Phakula was involved on the same scene with others, but could neither explain nor respond whether he was part of the chasing of police officers away from the scene.

“He could not indicate as to whether, when Mashaba was chasing them, he was part or not, or he arrived late ... He never indicated to me that he chased them or not, but he kept quiet.”

Colonel Sebola indicated to Colonel Steyn that he needed officers to offload bags which were looted in a Nissan bakkie, and that four male persons were interviewed leading to their arrest.

“Colonel Steyn indicated that Captain Nortje and Warrant Officer Morris will assist me in handling those bags looted in the Nissan bakkie. And whilst we were waiting for LCRC to come, I continued interviewing four male persons. That was pointed to me by Warrant Officer-that was pointed to me. That is Warrant Officer Magane, Phakula, Mashaba, and Tumelo Nku. The outcome of the interview led to the arrest of Warrant Officer ... of the four ...”

Warrant Officer Woods of LCRC was present for the unloading and opening of bags that contained suspected drug bricks, with photographic documentation done during the process.

“Warrant Officer Woods of LCRC arrived at around 14H00 or so. And in the presence of all four now arrested – in the presence of the arrested, now Captain Nortje, Warrant Officer Morris, and Mashaba started offloading the black sports bag wrapped with black masking tape from the black Nissan. The first bag was unwrapped and the content inside was brick-like. ... He took photographs of those ...”

A call was made to Lt-Col Sebola from an arrested person named Mashaba who wanted to speak to Brigadier Shibiri about an amicable solution; Sebola stated the arrested were under arrest and no such solution was possible.

“Mashaba, who is one of the arrested persons, made a call on his cell phone and he wanted me to speak to the person he was calling. And that person introduced himself to me as Brigadier Shibiri... wanted to know if there cannot be any amicable solution... And I said they are under arrest...”

Brigadier Shibiri phoned Lt-Col Sebola at the scene and ordered arrests to be made, following a call from Mashaba to General Kadwa, who was then called himself due to the dropped call.

“He said, no, he also phoned me. He wanted to know. Because when he was calling me... General Kadwa was said, he received... if the telephone, the cellphone records could state, it will show that it was Mashaba and then General Kadwa. Because he did not call me on my phone. He was phoned by Mashaba. After dropping the call, then he called General Kadwa... and when I was presenting on what looked suspicious.”

Mashaba did not know Magane before 9 July 2021 and was introduced by Warrant Officer Phokungwana, who was hospitalized for COVID at the time.

“I have noticed in the downloading record of all accused, that Mashaba did not know Magane before 09-07-2021 ... introduced to each other by a person thought as Police Alberton, who became to be known to me as Warrant Officer Phokungwana, who at the time was hospitalised for COVID”

Whatsapp calls show communication between Phokungwana and Mashaba while submitting a telephone number on a WhatsApp chat.

“these people called each other, Phokungwana and Mashaba. The calls lasted for - I cannot now, but it lasted – it shows that that is when he was submitting the telephone number of - because on the WhatsApp chat, he said, you will get one. Then, after that call, Mashaba is making a call too.”

Nku communicated instructions to Mr Mashaba regarding a concern about the interception of drugs.

“Nku then introduced that information to the General , of which the General is Mr Mashaba ... That is when Mashaba now called Magane ... which means, this one I can just assume to say Phokungwana was giving them the number of Magane.”

Mr Mashaba tried to contact Phokungwa and got a number for Magane and contacted Maluleke on WhatsApp on the day of the operation.

“he tried Phokungwa and got a number for Magane”

Mr Mashaba contacted Lieutenant Colonel Maluleke of Pretoria who was working in Organised Crime in Pretoria on WhatsApp on the day of the operation.

“It was Maluleke of Pretoria , who was working in Organised Crime in Pretoria”

Apart from contacting Maluleke and Brigadier Shibiri, Mr Mashaba contacted no other police officers early on that day.

“except for– okay, the police officers that were contacted , except for the one that he contacted , the Brigadier. That happened in my presence”

General Khan spoke to Mashaba, Magane and Phakula and then told Phakula to stand down during the operation.

“he spoke to Mashaba and Magane, I think Phakula as well, asked them who are they, who are their superiors, and he called their superiors, who answered the way they did about knowledge of these people being on the scene. We heard from Phakula that...Phakula was introduced to Khan, he went and spoke to Khan and Khan told him to stand down”

Serious attempts were made to get statements from Lt Col Maluleke and Warrant Officer Phakula, but Maluleke was asked to explain his relationship with Mashaba and to be accompanied by his Commander when making the statement.

“I will start with Maluleke. Maluleke, my understanding... you must remember, that morning Mashaba called you. Before you give me a statement, because it seems you and Mashaba know each other, you will have to explain your relationship with Mashaba. He could not come and make that statement. He was confronted with the statement when I see it in the bundle of the Defence Attorney... With Phakula ... you must make sure you do not come alone. You come with the Commander. You make a statement, your Commander in room, he make statement that indeed he is the one that sent you out there...”

Lt-Col Sebola conducted his own checks regarding communication and suspected a witness might be connected to a company involved in the investigation, based on a call made by Chief Mashaba on 8 July.

“I had to do my own checks... On the 8th of that July, Mashaba called someone who was working in that company. So, now my suspicion was, what if that one is my witness?”

Lt-Col Sebola kept in contact with Colonel Jacobs, who took over SANEB, but they did not engage extensively; he only contacted an analyst to check communications between Mashaba and Jolene or others in that company.

“I kept in contact with Colonel Jacobs... with him we did not engage, but I was only contacting the analyst to say... if maybe you have tracks of any communication between Mashaba and Jolene or somebody there.”

Lt-Col Sebola cannot confirm if the communications between Mashaba and Jolene have been checked, stating the matter is now subject of investigation and dockets are being directed accordingly.

“J a , b e c a u s e n o w i t i s t h e s u b j e c t o f investigation , but it seems there is direction.”

Warrant Officer Phakula acknowledges that he assumed the informer would agree to speak to General Khan, despite not knowing the informer or Mashaba personally at the time.

“I was going to talk to Mashaba, and then I would have taken it from there.”

Phakula agreed that the statement about Magane handing over the scene to him was a misrepresentation and that Mashaba was in charge of the scene, not Magane, based on a discussion with Magane.

“... it did not happen at all ... he said Mashaba was in charge of the scene ... Mashaba was in charge of the scene. ...”

The scene where police responded was a hijacking attempt of a Scania truck involving suspects Magane and Mashaba, who are criminals impersonating police officers.

“The officers who were there, who were in uniform, who were responding to a complaint that both Mashaba and Magane are criminals who are impersonating police officers and they are trying to hijack a Scania truck. SAPS officers went there to prevent that.”

The scene initially investigated as a truck hijacking ended up being a scene of Mashaba and Magane in possession of drugs, which was outside the officers' mandate.

“the two Booysen's police attended the scene on the basis of a truck hijacking. But it ended up, it is not a truck hijacking. It is the scene of Mashaba and Magane of possession of drugs. It is no more their mandate that they came for. It is the other way around.”

Magane and Mashaba had the drug operation under control and no urgency required Warrant Officer Phakula's involvement.

“Magane and Mashaba had it under control. They followed the truck ... The bakkie went in ... So there was no urgency that required your involvement”

Warrant Officer Phakula was instructed by General Khanto and others to not be involved further in the matter and to retrieve two seals from a vehicle at the scene, which he did not put himself but knew about them because he was present at the scene with Magane and Mashaba.

“You are told by General Khanto ... to not be involved any further. You go to the bakkie to retrieve the two seals ... Did you put those seals there? No ... I knew because I was with Magane and Mashaba on the scene.”

Warrant Officer Phakula admits to removing seals from their originally assigned position and handling them personally, contrary to proper crime scene management.

“the seals were in your possession”

There was no discussion about what was going to happen with the black bakkie involving Mashaba and Magane.

“that discussion with the bakkie it was, we never entertained it”

Mashaba and Magane were not well-clued as conceded by Mashaba herself, and the reason for Phakula going to assist was to help with statement-taking, booking of exhibits in SAPS 13.

“Mashaba and Magane are not, as she conceded here yesterday, are not well-clued with, I might not be as well-clued as they are, but the reason would have been to assist them in statement-taking, booking of exhibits in the SAP 13”

Warrant Officer Magane introduced himself as a member of SAPS and showed his appointment card when introducing himself at the scene, while Mr Mashaba also introduced himself but did not produce an appointment card.

“We introduced ourselves by showing them our appointment cards and we also told them that we are from the police ... It is only me who produced ... Yes … Mashaba also introduced himself”

Mr Mashaba was the senior officer in charge during the incident.

“Mr Mashaba, he was the senior ... So he is in charge? Yes, that is correct, Commissioners.”

Magane and Mashaba informed Mr Hardug that they were following information about a truck carrying a container from Durban that was suspected to be carrying drugs, but they were unsure of the quantity.

“We explained to him that we were following information about one of their trucks which was carrying a container from Durban and that according to the information at our disposal, the container was carrying drugs, but we are not sure about the quantity of those drugs.”

Mr Hardug did not know the contents of the container and requested that at least the truck be followed or escorted to the customer so that it could be opened in front of the owner of the merchandise, which Magane and Mashaba agreed to.

“Mr Hardug explained that he does not know the contents of the container, and we requested him to open the container, but he pleaded with us to at least follow or escort the truck to the customer, so that we can open it in front of the owner of the merchandise inside the container. This seemed like a reasonable request, and we agreed to the suggestion.”

Warrant Officer Magane had just met a person that morning and did not know his address, identifying the person as Mashaba's informant.

“You had just met the person that morning. You did not know who it was.”

There was a BMW 7 Series vehicle with no number plates parked near the container being searched at a major drug bust crime scene, which was problematic for crime scene management.

“you go to a crime scene, a drug bust, a major drug bust, with somebody who is driving a BMW 7 Series, and it has no number plates. And it parks right next to the very container that is being searched.”

ADV Khumalo disagreed stating the BMW was inside the Scania premises and near the scene, thus a problem for crime scene management as bags could be easily taken and placed in the vehicle.

“it is inside the Scania. ... It is near the scene of this major drug bust. ... this vehicle is there with you because it is accompanying you and Mashaba. ... is that not in itself a problem? ... bags can easily be taken and be put in the back of this vehicle. Do you see that?”

At the drug bust crime scene, many people including Warrant Officer Magane, Mashaba, traffic officers, and Scania employees handled bags with their bare hands which seriously tampered with the crime scene.

“A number of people, you, the traffic officer, Mashaba, Scania employees, all of you handle all of those bags with your bare hands. That is serious tampering.”

Warrant Officer Magane and Mashaba were clueless and did not have experience in handling drug busts but intended to verify information and have a successful operation.

“the sole intention was to verify the information, have a success operation, even though both of us were not having any experience in handling the drug busts.”

The drugs had not been opened or removed from their container when loaded on the vehicle with only Warrant Officer Magane and Mashaba present.

“You have not even opened the container. The drugs have not yet fallen out. There is nobody else.”

Advocate Baloyi accuses Warrant Officer Magane and Mashaba of having ulterior motives in handling the transport of drug exhibits and not following proper procedures, suggesting the drugs were being taken elsewhere and would not be accounted for.

“... it indicates all the probabilities that you are the one that is being untruthful about what you said to Phakula ... the real intention about what was going to happen with those trucks and in fact the real intention was they were not going to Booysens. You were taking them elsewhere. You and Mashaba ... There was no good intention on your part to get these drugs to be properly dealt with as prescribed by the law. In fact, you had ulterior motives about putting them in that van and you were going to take them away. They would not be accounted for.”

Advocate Baloyi alleges Warrant Officer Magane and Mashaba were middlemen in a drug consignment operation, did not call any drug enforcement role players, left before processing was complete, and lied about destination to Scania personnel.

“You so happened to be in the middle of it. You and Mashaba happened to be in the middle of it... you have not called a single role player involved with drug enforcement... no LCRC... no Booysens... they surprise you by arriving... You lie to them to say the drugs are going to your station... you lie to say they are going to Alberton... you are being untruthful about this... this whole operation was never... you would have played things by the book if there was intent... you had ulterior motives.”

Warrant Officer Magane denies any intent to steal drugs or leave before the scene was properly processed, and asserts he received the call from Mashaba that morning and was briefed before proceeding.

“Even from the bottom of my heart, I had no intention of driving away from the scene before the scene was properly processed... I only received the call from Mashaba that particular morning. And from there, I was briefed... I will stand by the truth... If I had intention of stealing the drugs ...”

Traffic police in Gauteng generally do not conduct investigations but rely on units like Crime Intelligence and Special Law Enforcement Unit (SLEU) to handle crimes including hijackings.

“Gauteng Traffic Police ... they do not do investigation ... They have units like Crime Intelligence ... Special Law Enforcement Unit (SLEU) ... They do almost everything ... When there are CITs they also respond”

Money was allegedly to be used as a reward for Warrant Officer Magane or Mr Mashaba or both for recovering drugs, which Magane denies.

“the theory is that that money was possibly going to be used to pay either you or Mr Mashaba, or both of you, as a reward for recovering the drugs”

Warrant Officer Magane was involved in a drug bust operation led by Mashaba, whom he does not normally work with and has no experience in drug busts, yet he assisted without following proper protocol.

“You leave your desk job to go and assist him in a drug bust where you have absolutely no experience ... You do not know the protocols that apply, you have never done a drug bust, but you go and assist and join him when you have no relevant experience.”

Warrant Officer Magane allowed Mashaba, a traffic officer, to run the drug bust operation despite National Instruction stating that he as the first responder should be in charge.

“You let Mashaba run this operation ... He was in charge of this ... in spite of National Instruction that says you are the first responder, which you accept, and therefore you should take responsibility for that operation.”

Mashaba did not inform his superior about the operation, which Warrant Officer Magane accepts must be done with no ulterior motive if not informing superiors.

“Mashaba did not inform his superior ... if you do not inform your superior, there must be an ulterior motive why you do so.”

The accused Warrant Officer Magane may have been used by Mashaba innocently but was likely part of an illegitimate police operation involving illicit drug delivery not intended for police stations.

“This operation was not a legitimate police operation ... The suspicion that these drugs were not intended ... according to WhatsApp messages ... all of them ... supposed to be delivered elsewhere other than police stations ... You created cover for Mashaba ... you were brought in just to create the cover of SAPS ... You created cover for someone who in fact ... this was his consignment ... It was not your consignment ... You did that ... knowing or unknowingly.”

On 8th July, Gauteng Traffic Chief Mr Mashaba enquired at the yard of the transport company about a container arriving after office hours, which was held until moved to Scania's premises the next morning.

“During the morning of 8th July... Gauteng Traffic Chief Mr Mashaba made enquiries at the yard of the transport company... so that container was there that evening... On the 9th of July in the morning, that container was then moved to the premises of Scania.”

Mr Nku was an informant to Mr Mashaba and a civilian who contacted Mr Mashaba regarding drug information.

“he was an informant to Mr Mashaba”

Mr Nku contacted Mr Mashaba and other police officers for assistance on the morning of the 9th regarding a container with drugs.

“he contacted them on the morning of the 9th for assistance”

Mr Mashaba and colleagues proceeded to Scania under police escort; however, no formal police escort accompanied the truck—only Yellow Jersey security personnel did due to discomfort with the enquiry.

“except for Mr Mashaba and company, there was no police escort per se. It was security personnel from Yellow Jersey ... that escorted the truck”

Senior persons like Mr. Mashaba should know that they cannot call anyone from crime stats analysis to assist at a major drug crime scene; crime scene management protocols must be followed and the right trained people should be called.

“A senior person like Mr Mashaba... ought to have known that at the end of the day, you cannot call someone that does crime stats analysis at a police station to come and assist him with major drug information. So, there is nothing in writing... but if you know you are going to sit with a major crime scene, you have to follow crime scene management protocols and then if I have that type of information, I would love to have someone with me that can actually deal with the correct protocols in terms of crime scene management.”

Bravo Sierra 2 had a conversation with Mr Mashaba and others and was told they were following the truck which was not a hijacking; eventually it was said at 11:23 that the police had escorted the truck themselves (Mr Mashaba and colleagues). Drugs were found in the truck, and the suspect was likely the truck driver.

“Then Bravo Sierra 2 responded and seemingly they then had a conversation with Mr Mashaba and company and they received the explanation of why are they following the truck and it is not a truck hijacking ... at 11:23 it was said that they have indeed escorted the truck and the police, by the police, in my opinion, refers there to themselves, Mr Mashaba and the people ... they found that there were drugs inside the truck and they were of the view that the suspect in this case would be the truck driver himself.”

The sketch plan of the crime scene shows container A as the one with the drugs, vehicle B is a black bakkie, vehicle E was a red Kia, the vehicle of officer Phakula, and vehicle C was parked next to vehicle D, a silver BMW belonging to Mr. Mashaba's informer Nku.

“That would be A ... B would be the black bakkie ... E would be one of the vehicles ... I think that was Phakula's vehicle ... It was a red Kia ... C is Mr Mashaba's informer ... D is a silver BMW”

Information from Mr. Mashaba's informer was first received on 8th July.

“information, according to Mr Mashaba, he got the information on the 8th for the first time from his informer”

Mr. Mashaba went to Yellow Jersey and was told he could not search.

“He went to, I think, Yellow Jersey, and he was told, no, you cannot search.”

The suspects identified and dealt with included Mr Mashaba, Mr Nku (sometimes misidentified as Ndou), and Phakula, totaling four suspects involved.

“suspects? Mr Mashaba, Mr Ndou, Phakula, and I cannot now remember the fourth one, but there were four suspects Commissioner. That was Nku, Commissioner.”

There was no record completed by Mr. Mashaba or his team reflecting how many bags had been removed from the container onto their vehicle.

“Commissioner, I am not aware of any such record ... To the best of my recollection, such a record does not exist.”

The complainant in the IPID investigation was Mr Mashaba and three police officers who were arrested, including a traffic officer and two police officers, plus a private individual.

“the complainant ... Mr Mashaba ... the three police officers who were arrested ... the traffic officer and the two police officers, and then the private individual”

The report reveals Nku and Mashaba were in indirect communication with an East Rand businessman allegedly a middleman between a Brazilian drug operation and local operations, and encrypted messages showed Nku discussing employees at the Durban port.

“The report reveals Nku and Mashaba were in direct communication with an East Rand businessman, who appears to have been the middleman between a drug operation in Brazil and local operations. . . chats from encrypted messaging services revealed that Nku was talking about certain employees at the Durban port”

Mashaba and others likely transported the drugs openly in a black bakkie without protection.

“So Mashaba and them would have transported the drugs open in this way, if they had had their way? That looks like that . . . And without protection”

There were disciplinary actions against Mr. Mashaba and possibly other officers, including one driving the black bakkie who was suspended.

“I am aware that there was disciplinary actions. I know, I cannot recall which one. The one was one of the officers. I think it was the officer from, not the national one, if the Advocate can just maybe assist me. Who was the guy driving the black bakkie? ... I think he was suspended.”