Port Shepstone Police Station

On 24 June, all the exhibits were removed from the Port Shepstone police station SAP 13 register by Warrant Officer Mpangase.

“Yes, it is so... We know you take them on the 24th out of the Port Shepstone police station register.”

There is no record of the exhibits in any SAP 13 from 25 June until they were stolen, which means it is unknown how many exhibits were in SAPS possession at the time they were stolen and their condition then is unknown.

“because there is no record of how many are in SAPS’ possession at that time, we have no way of knowing that the original number that was booked in on the 2nd at Isipingo Police Station, taken out, booked in at Port Shepstone Police Station, the 3.1 up to 3.34, we have no way of knowing that they were still complete on the day that they were stolen, by the time they were stolen. There is no way of knowing, because you never made any record anywhere after the 24th of June.”

If the Exhibit Office register at Port Shepstone reflects storage of drugs on 23rd, then anyone with access to that register would know of the drug storage at the DPCI Port Shepstone office.

“if these exhibits had to be logged or recorded on the 23rd at the, in the book, the SAP 13 at Port Shepstone, then it means anybody who has access to that also knows that the drugs are stored at the DPCI Port Shepstone office”

Adv Baloyi SC challenges Maj-Gen Senona's assertion and says exhibits are typical and registered in a SAP13 register at the police station, questioning why the key was taken for this case.

“I do not see how this is different from any other exhibits ... So why do you say this was different?”

Brigadier Nyuswa agrees that the correct procedure would have been to first book the exhibits into SAP 13 at the Port Shepstone police station before storing them in the DPCI safe.

“Correct, Commissioner. That would be the correct procedure.”

Adv Khumalo accuses Brigadier Nyuswa of knowing there was no visit to Port Shepstone police station on the day in question and that no one sourced proper exhibit bags before leaving the office, implying negligence.

“You know that nobody has gone to Port Shepstone police station. You know that nobody has sourced the exhibit bags to properly store these exhibits. And you leave the Port Shepstone office with that knowledge ...”

The Directorate for Priority Crime Investigation (DPCI) Port Shepstone office is distinct from the Port Shepstone Police Station, located approximately five kilometers apart.

“The DPCI Port Shepstone office is not a police station. There exists a separate police, Port Shepstone Police Station, which is approximately five kilometres inland from where the DPCI offices are”

Prinsloo started his law enforcement career in 1984, training six months at Pretoria West Police College, then worked at Port Shepstone Police Station charge office handling public complaints, joined the Port Shepstone Dog (K9) Unit in January 1986, SANAB after 1998 until its closure end 2003, then joined the Organised Crime Unit in 2004 which later became part of the DPCI in 2009.

“I started my law enforcement career in 1984. I did basic training in policing at the Pretoria West Police College for six months. After completing my training, I was posted at the Port Shepstone Police Station in the charge office, dealing with public complaints. In January 1986, I joined the Port Shepstone Dog Unit, called K9 Unit now. Thereafter in 1998, I joined the South African Narcotics and Alcohol Bureau, it was called SANAB. ... At the beginning of 2004... called the Organised Crime Unit ... later became housed within the DPCI when the DPCI was established in 2009.”

The exhibits were registered at Port Shepstone Police Station in SAP 13 during those two days.

“I believe it was entered during those two days. They entered it in Port Shepstone in the SAP 13 there.”

Both the transferring station (Isipingo Police Station) and the receiving station (Port Shepstone Police Station) are required to complete the transfer documents according to sub 3 and sub 5 of the SAP 13 regulations.

“s u b 3 r e g u l a t e s t h e r e q u i r e m e n t f o r a t r a n s f e r d o c u m e n t b y t h e t r a n s f e r r i n g s t a t i o n . ... s u b 5 r e g u l a t e s t h e r e q u i r e m e n t s f o r a t r a n s f e r d o c u m e n t b y t h e r e c e i v i n g s t a t i o n ... In our instance, in this particular case, that would be Isipingo Police Station ... and receiving station ... Port Shepstone Police Station”

There was non-compliance with the transfer of exhibits from Isipingo to Port Shepstone Police Station as per SAP 13 requirements.

“T h e r e w a s n o n - c o m p l i a n c e”

The receiving station for the transfer of exhibits in this instance would be either Port Shepstone Police Station or the DPCI SAP 13 office in Port Shepstone.

“o n e o f t w o , P o r t S h e p s t o n e P o l i c e S t a t i o n o r t h e D P C I S A P 1 3 i n P o r t S h e p s t o n e”

The transfer of exhibits in this case went to Port Shepstone Police Station and not to the SAP 13 office of the Serious Organized Crime Unit at Port Shepstone.

“it w e n t t o P o r t S h e p s t o n e P o l i c e S t a t i o n a n d n o t t o t h e S A P 1 3 o f t h e S e r i o u s O r g a n i z e d C r i m e U n i t a t P o r t S h e p s t o n e”

The receiving station for the exhibits transfer in this case was stated as Port Shepstone Police Station, yet the exhibits were taken to Port Shepstone DPCI offices, which are two separate places.

“y o u i n f o r m e d t h e C o m m i s s i o n e r s t h a t y o u a r e n o t a w a r e o f t h e o f f i c e s h a v i n g b e e n c l e a r e d o r a p p r o v e d t o r e t a i n a n S A P 1 3 r e g i s t e r . I f t h a t i s w h e r e t h e y w e n t , w h y t h e n d o y o u c o n c l u d e t h a t t h e r e c e i v i n g s t a t i o n i n t h i s i n s t a n c e , i n p a r a g r a p h 8 , s u b 5 , w a s P o r t S h e p s t o n e P o l i c e S t a t i o n ? T h e s e a r e t w o s e p a r a t e p l a c e s .”

It was required that Port Shepstone Police Station take control of the exhibits before entering them into the SAP 13 register at the police station in Port Shepstone, but there was no known transfer of control from the Organized Crime Unit to the police station.

“If Port Shepstone Police Station was intended as the receiving station, was it not required, therefore, to have taken control of the exhibits before they are entered into the SAP 13 at the police station in Port Shepstone? ... I am not aware of such”

When exhibits are registered in the receiving police station, that station is responsible for the exhibits and must enter them into their SAP 13 register, and it must be identifiable who signed for receipt of the exhibits at the receiving station.

“when they are registered in the receiving police station, that police station takes responsibility for the exhibits and they are entered into that police station's SAP 13 ... there has to be somebody identifiable to say I received them and I signed the SAP 13 form”

The entry into the register at Port Shepstone Police Station was just a paper exercise to have a reference number for exhibits kept there and the actual exhibits were never taken out of the walk-in safe at the unit.

“it is clear that this was just an entry into the register at this police station to have a reference number for the exhibits that is been kept at Port Shepstone”

Warrant Officer Mpangase made a false entry under paragraph 6 claiming that the exhibits were taken for investigation when in fact the exhibits were not taken out and were only for submission for FSL analysis, not investigation.

“the entry is made at Port Shepstone Police Station. So it is incorrect, it is a false entry”

The exhibits recorded as received by Port Shepstone Police Station never left the DPCI offices in Port Shepstone, making the entry of receipt by Port Shepstone a misrepresentation.

“someone in Port Shepstone Police Station purports to be receiving something that never left the DPCI offices in the first place”

There is no independent corroboration that the exhibits registered at Isipingo SAP 13 are the same as those registered at Port Shepstone Police Station.

“There is no independent corroboration to come to the conclusion that what was entered in Isipingo is now entered at Port Shepstone”

There was no SAP 13 register at the Port Shepstone police unit to record reception of exhibits, causing booking in to be done via paperwork only.

“... there was no SAP 13 register at the unit in Port Shepstone, and that is why, in order to obtain a reference number for the exhibits, that is why it was just booked in, the paper exercise, at Port Shepstone Police Station.”

Port Shepstone Police Station maintains the position assumed by Isipingo Police Station that exhibits are powders suspected to be cocaine, but it does not deal with exhibits as definitely cocaine.

“Port Shepstone Police Station does not deal with the exhibits as definitely Cocaine, but, you know, maintains the position assumed by Isipingo as well that it is powders suspected to be Cocaine.”