DPP's office

Advocate Serunye engaged in High Court arguments referencing a Bloemfontein case where an official of the NPA committed fraud and was barred from entering NPA offices as a bail condition.

“I engaged. The High Court judge took me to cases. I tried arguing for my case. I did not get their first thing conceded. I tried and I said, this is what the law says, this is what the Magistrate said, and these are case laws where I even referred the High Court to a case in Bloemfontein where an official of the NPA committed fraud against the NPA or the DPP's office, and one of the conditions thereby the Magistrate's Court was that he is barred from entering the NPA offices in the Free State.”

On 19 July 2021, Colonel Jacob sent an email to Advocate Govender of the DPP's office regarding assistance in the matter; Advocate Ramkalawan was assigned and advised that statements should not be obtained at that stage from mentioned entities.

“On 19 July 2021, I sent an email to Advocate Govender of the DPP's office with regards to assistance in this matter. Advocate Ramkalawan was assigned to the matter. I discussed the matter with her, and she indicated that statements should not be obtained at this stage from any of the entities mentioned above.”

Advocate Ramkalawan advised that at the early stage of the investigation, the listed entities including the transporter, clearing, and forwarding agents should be viewed as suspects and statements should not be obtained prematurely.

“At that stage, according to her or the DPP's office, we should view them as suspects until we can with certainty say that they are not. So at that stage, she thought it was premature to obtain statements from these entities.”

Between late July and August 2021, Colonel Jacob prepared a PowerPoint presentation on the seizure of cocaine as instructed by General Senona, including gathering statements and relevant documents.

“Between late July 2021 and August 2021, I had prepared a PowerPoint presentation on the seizure of Cocaine... as per General Senona's instruction, I cannot recall when I had sent it to him. During the course of this investigation, I had obtained and filed seven statements, together with all relevant shipping documents, email correspondence with the DPP's office, photos of the container and exhibits, as well as numerous other Customs and Transnet documents.”

At the stage of this enquiry, Colonel Jacob was the investigating officer and Advocate Ramkalawan was the prosecutor assigned to the DPP office.

“I was the investigating officer. Advocate Ramkalawan was a prosecutor assigned to the DPP's office.”

Standard procedure required that every cocaine seizure needed to go to the DPP's office for guidance, a directive applicable at the time of the operation in question.

“There is a directive issued at our office that every Cocaine seizure needs to go to the DPP's office for guidance. It is now our standard operating procedure.”

A recent seizure of 32 or 33 kilos at a harbour was investigated by Colonel Jacob's unit, and the DPP's office requested copies of enquiry documentation and gave guidance, as per understood practice by involved parties.

“The latest, we had 32 kilos or 33 kilos that were seized at our harbour and once again, my unit was investigating the matter. I think on day two of this, we got a call from the DPP's office to ask where is this enquiry, we need copies, we need to give guidance.”

The DPP's office does not regularly provide written tasking entries in the investigation diary, however, sometimes they send action logs or communication about how to proceed.

“The DPP's office, for whatever reason, our DPP's office, did not do that that regularly. However, they used to, in some occasions, send us an action log or some sort of communication as to what is the way forward in terms of this investigation.”

Colonel Jacob states that contamination of the crime scene or integrity of exhibits was never cited as an issue during interaction with the DPP's office.

“During my interaction with the DPP's office, a contamination of the crime scene or the integrity of these exhibits ever cited as an issue”

On 23 June 2021, a 24-hour inspection entry was made referencing Warrant Officer Mpangase, including a direction to obtain witness statements, liaise with the DPP's office, bring SARS/Customs on board, and forward samples to the FSR.

“The entry on C 4, page 803, it is dated 23rd of June, 2021, and this is a 24-hour inspection... Obtain witness statement from all relevant role players. Request PCMC to profile all suspects and business entities. I say, liaise with the DPP's office. Enquire that SARS Customs is brought on board... And I made an entry here, forward samples taken to the FSR.”