General Sibiya

Mr Matlala declines to answer questions about delivery of Impalas to General Sibiya or any gratifications, invoking right against self-incrimination as the matter is under investigation.

“I do not want to incriminate myself because I know that the recordings are under investigation.”

The entire recording containing mention of Impalas delivered to General Sibiya is under investigation by state advocates.

“what I know is that they are saying that recording itself is under investigation”

Mr Matlala has listened to the recording and confirms the Impalas issue features in it but is uncertain if it is specifically under investigation.

“I have listened to the recording. That is why I am saying I know that the Impala issue is part of the recording.”

Any investigation into the Impalas delivery to General Sibiya may involve IDAC, PKTT or Gauteng Counter Intelligence Operations (GCI Ops).

“It is the, what is it called, GCI, GCI Ops, GCS, GCI Ops, Gauteng Counter Intelligence Operations.”

General Sibiya was above General Khumalo at the time of the incident and should have disciplined General Lushaba.

“General Khumalo of all s under General Sibiya ... Somebody else in the position of either General Sibiya or whoever would have been in that position ... would have been the person that should discipline him”

General Khumalo is not charged with any offense related to failure to discipline General Lushaba, and neither is General Sibiya or his equivalent charged or arrested.

“why are you not charging General Sibiya as well ... why are you not arresting that person ?”

The witness was assigned to take notes during a drug bust and drug interception operation, working under the supervision of Lieutenant Colonel Jacob, with Lieutenant Colonel Jacob and Warrant Officer Sibiya responsible for taking photos of the scene and container.

“My assigned role during this drug bust or drug interception was to take notes. Lieutenant Colonel Jacoba and Warrant Officer Sibiya were responsible for taking photos of the scene. At all times, I was working under the supervision of Lieutenant Colonel Jacob.”

A container was sealed and properly locked with an intact seal before it was opened to find black canvas bags containing bricks of suspected cocaine wrapped with inscriptions of Jaguar and TikTok emblems.

“The container was properly locked and sealed, and the seal was intact...Inside the bag were bricks of hard substance, suspected to be cocaine...These bricks were wrapped in yellow and black plastic wrappings, bearing inscriptions of Jaguar and TikTok emblems.”

The witness took random samples from five bags for testing and sealed them in FSL exhibit bags marked with Durban Central OCI Enquiry and Port Shepstone SAP labels and handed them over to Warrant Officer Sibiya for safekeeping.

“I randomly picked up five bags and took out samples from each brick which I randomly selected...I placed the samples inside the FSL exhibit bags and sealed them...which I later handed over to Warrant Officer Sibiya for safekeeping until Lieutenant Jacob comes back from leave.”

Brigadier Nyuswa received a call from Warrant Officer Mpangase informing him about Crime Intelligence contact regarding a container at Isipingo potentially containing drugs; Mpangase was proceeding with Lieutenant-Colonel Jacob and Warrant Officer Sibiya, all from Durban Serious Organised Crime Unit.

“On Thursday morning of 22nd June 2021 , I received a call from Warrant Officer Mpangase from Durban Serious Organised Crime Unit , informing that Crime Intelligence has contacted him regarding a container at Isipingo , which might have drugs and that he was proceeding there with Lieutenant-Colonel Jacob and Warrant Officer Sibiya , all from Durban Serious Organised Crime”

The exhibits found in the investigation were to be stored at Isipingo police station, a decision communicated by Colonel Jacob to Warrant Officer Mpangase and Warrant Officer Sibiya.

“that we were going to put the drugs in Isipingo ' s police station”

On the morning of 2 June 2022, the amount of cocaine referenced in statements varies between 7 to 8 kilograms and 27 kilograms.

“If you look at paragraph 3 of your statement , the last sentence you refer to 7 to 8 kilogrammes of Cocaine and Jacob and Sibiya and everyone that has come before the Commission referred to 27 kilogrammes ... Which one is correct , according to your recollection ?”

Warrant Officer Mpangase suggested to Colonel Jacob to assign Warrant Officer Sibiya to the operation, despite Sibiya having no narcotics experience, because Jacob and Sibiya had a good relationship and Sibiya was close to Mpangase.

“It is you that suggested Warrant Officer Sibiya to Jacob . I t is because I had the knowledge that Jacob was not in good terms with others . And secondly , Sibiya was the one who was very close with me .”

Lieutenant Colonel Jacoba requested Warrant Officer Mpangase to suggest another officer to assist in the operation, and Mpangase suggested Warrant Officer Sibiya, who agreed to assist.

“He then asked me who else can come with me to do this operation. I suggested Warrant Officer Sibiya to him, and he agreed. I then approached Warrant Officer Sibiya, who was sitting at his office, and agreed to assist in this operation.”

Warrant Officer Mpangase, Warrant Officer Sibiya, and Lieutenant Colonel Jacoba met a crime intelligence operative at Isipingo for a briefing before proceeding to CHS Depot to search for the cocaine container.

“We then went to pick him up, and the three of us proceeded to Isipingo, where we met the CI operative, who then briefed us on the information. After a short briefing, we proceeded to CHC depot.”

Warrant Officer Mpangase stopped being in possession of the inquiry file after 23 June, likely handing it over to Warrant Officer Sibiya by 24 June 2021.

“Th e p o s s i b i l i t y i s t h a t I h a n d e d t h e s e f i l e s o v e r t o S i b i y a , Wa r r a n t O ff i c e r S i b i y a”

Warrant Officer Mpangase gave the inquiry file to Sibiya because he was no longer going to be an investigating officer, as instructed by Colonel Jacob.

“I g a v e i t t o S i b i y a b e c a u s e I h a d a l r e a d y s p o k e n t o J a c o b t h a t I w a s n o l o n g e r g o i n g t o c a r r y o n b e i n g a n i n v e s t i g a t i n g o ff i c e r”

Colonel Jacob instructed that the samples taken from the inquiry file be handed over to Sibiya and sent for forensic analysis and storage.

“...with the instruction of Jacob who said that I must hand the sample over to Sibiya. Then I took it upon me to give this thing as well to him, Sibiya.”

General Sibiya signed a report on 5th November 2024, which was later signed by the Minister of Police, E S Mchunu, on 8th November 2024, without any comments from the Minister.

“General Sibiya , who signs it on the 5th of November 2025 , with no comments . And then the third signature is , once again , over leaf , at page 288 . And that appears to be the signature of the Minister of Police , E S Mcchunu , MP . And it is dated 8th November 2024 .”

The investigator sent a serious complaint about General Mabasa to General Dramat and General Sibiya, who were then heads of DPCI in Gauteng, leading to General Mabasa being suspended and later given a golden handshake instead of being prosecuted for corruption.

“my complaint , which is a very serious complaint , which I sent to General Dramat and General Sibiya at the time was the head of DPCI in Gauteng . And I sent them a very serious complaint . And within a week or two , General Mabasa was suspended and then he was later given a golden handshake .”

Mr O'Sullivan shared investigation information about Radovan Krejčer with Generals Sibiya and Dramat to ensure knowledge was at different police levels and to avoid a single point of failure.

“Whatever I supplied to General Sibiya at that moment in time , I used to also supply to General Dramat because I did not want a single point of entry . I wanted there to be knowledge at different levels within the police about what was going on .”

General Mabasa, who called Mr O'Sullivan without solicitation, was the National Head of DPCI at the time.

“Having shared that file with General Sibiya , who you say was DPCI Gauteng Provincial Head , and General Dramat , what position did he hold at the time ? He was National Head of DPCI .”

Mr O'Sullivan mistakenly assumed General Mabasa was reaching out due to knowledge and gave him the investigation file because he concluded Mabasa and Sibiya had instructed Crime Intelligence to investigate the matter.

“I wrongly came to the conclusion that General Dramat and General Sibiya had instructed Crime Intelligence to get to the bottom of this matter , and I assumed , therefore , that General Mabasa was reaching out to me because he had knowledge . So if you have got this knowledge , then you must be involved in it . So I readily gave him this file .”

Mr O'Sullivan engaged with Generals Dramat and Sibiya immediately after sharing the file to ensure actions were taken urgently.

“Immediately after this ... So , Commissioners , if you have a look on the same day that I met with you ...”

Mr. O'Sullivan admitted he never provided General Sibiya or General Dramat with evidence to prove Colonel Steyn supplied Krejcir with his cellular phone records; he was bluffing Radovan Krejcir's lawyers to make them believe he had evidence.

“No, Commissioner, I did not ... I am bluffing Radovan Krejcir's lawyers ... I want them to think I have got the evidence, but the reality is I did not have the evidence.”

Brigadier Nyuswa did not investigate why Warrant Officer Sibiya, who lacked drug bust experience, was sent with Lieutenant Colonel Jacob.

“I did not probe it because normally when we attend crime scene, we include many people. Also, people from different sections, also different departments as well.”

Brigadier Nyuswa states that at the time Warrant Officer Sibiya was with EPR and not SANAB, thus they had no concern about his presence.

“I did not see that as a concern to me because he had to learn because now he is with SANAB anyway.”

Colonel Jacob, Warrant Officer Mpangase, and Warrant Officer Sibiya are the only three people from the same unit involved in leaving the crime scene with the exhibits.

“we know that we had Colonel Jacob, Mpangase, who we know was specifically requested by the Crime Intelligence Officer , and they rope in Warrant Officer Sibiya. So it is the three of them, all from the same unit”

Brigadier Nyuswa accepts that the evidence chain was compromised because exhibits were not placed in bags immediately at the crime scene, but explains that this is a practical reality often due to operational constraints, and asserts that the risks of wrongdoing are minimal when a small, specifically selected, connected team is involved rather than unrelated multiple teams.

“chain of evidence is already compromised when they leave ... Sometimes it is practically not possible ... Most cases, when these incidents are occurring, there is multiple people ... The chances of anyone doing something wrong are very minimal ... except in cases where they are all acting in concert ... You have got a team of specifically selected people ... Two of them say they were selected by the Crime Intelligence Officer ... So your reasoning that it is unlikely that anyone would do anything inappropriate when there are multiple players does not apply in this case ... I concede”

On the day the theft was discovered, the DPCI investigators were not on the scene, only Brigadier Sibiya and the District Commissioner were present from the General Detective side.

“They were not on the scene... The District Commissioner was there”

Lieutenant-Colonel Sibiya denies all allegations against him related to the events of 22 June 2021, stating his involvement was limited to what he was requested and instructed to do.

“I deny the allegation level against me. This affidavit demonstrate that my involvement in the event of 22 June 021 was limited and restricted to what I was requested and instructed to do. Any allegation contained in this notice, its attachments that is not specifically addressed and admitted herein must be taken as denied.”

On 22 June 2021, Warrant Officer Mpangase requested Lieutenant-Colonel Sibiya to assist him in following up information concerning a possible drug bust.

“On the 22nd June 021, Warrant Officer Mpangase requested me to assist him and Lieutenant-Colonel Jacob to follow up upon information concerning a possible drug bust.”

In June 2021 Lieutenant-Colonel Sibiya was attached to the DPCI unit focusing on economic protected resources and was not specialized or primarily functioning in large-scale drug investigations.

“At the time, I was attached to DPCI unit focused on economic protected resources. Large-scale drug investigation were not my area of specialization or primary function.”

Organized crime has three components: SANEB, EP, and NPVC according to Lieutenant-Colonel Sibiya.

“Organized crime has got three components. It is SANEB, EP and NPVC.”

Lieutenant-Colonel Sibiya was not promoted into Organized Crime by June 2021; promotion occurred on 1 September 2021.

“No, not yet. I was not promoted at that point in time. I was only promoted on the 1st of September 2021.”

In June 2021 Lieutenant-Colonel Sibiya was still under temporary transfer rather than fully promoted.

“So, in June you are still under that temporary transfer? Yes.”

At the time, Lieutenant-Colonel Sibiya's duties as an Investigator at Economic Protected Resources included investigating human trafficking, kidnappings, non-ferrous metal theft, copper theft, and fuel theft, but not narcotics.

“My duties, I was an Investigator at Economic Protected Resources, which deals with human trafficking, kidnappings, non-ferrous metal, theft of copper, theft of fuel. So, those were the things that I was investigating at the time.”

Narcotics investigations were outside Lieutenant-Colonel Sibiya's duties at that time.

“And in terms of Narcotics, would that have been outside your duties? Yes. Yes.”

Prior to the attached period, Lieutenant-Colonel Sibiya was involved in some narcotics operations.

“Prior to that, had you been involved in things relating to narcotics or operations relating to narcotics? Yes, I was involved in some operations involved in narcotics.”

On 23 June 2021, Lieutenant-Colonel Sibiya was informed by Warrant Officer Mpangase that they needed to go to Port Shepstone to place the exhibit inside forensic bags and collect keys from provincial office due to no parking at the site.

“On the 23rd June 2021 in the morning, I was informed by Warrant Officer Mpangase that we needed to go to Port Shepstone to place the exhibit inside the forensic bags. We then went to provincial office to collect the keys. We remained in the vehicles since there was no parking and Warrant Officer Mpangase picked up the keys.”

The speaker denies failing to transfer exhibits to the Forensic Laboratory (FSL), stating his involvement was limited to being present at discovery and that the responsibility for submission lies clearly with the investigating officer.

“I deny this allegation. My involvement with the exhibit non-existent beyond being present at their discovery. The responsibility for the submission of the exhibit to the FSL is clearly delineated in the National Instruction.”

The speaker experienced difficulties in the Financial Investigation unit, including severe headaches from long hours on the computer and requested help from Colonel Moodley, who advised him to get spectacles.

“When I spent long hours in the computer, I would have severe headache. I made a request to Colonel Moodley, who was still the Commander there. He also advised that I should try and get spectacles, maybe they might assist me, of which I did, but still I could not get assisted because every evening when I spent considerable amount of time in the computer ,”

Lieutenant Colonel Sibiya and Colonel Moodley were temporarily transferred to Organized Crime in 2020, with Moodley going to SANEB section and Sibiya to EPR section.

“In 2020, we were called by Colonel Singh...myself and Colonel Moodley, we are transferred to Organized Crime at number 136, but Colonel Moodley will go to SANEB section, then I will go to EPR.”

The temporary duty arrangement to Organized Crime did not have a specified duration and could be ended when management called them back.

“We were not given a specific time as to how long is the duration that we will be there. A duty arrangement, normally they do not give you a duration. They will call you when they want you back.”

Lieutenant Colonel Sibiya's temporary assignment lasted from 2020 until his promotion in September 2021, after which he took up a position at Organized Crime in SANEB section.

“For me, I think it was when I was told up until I was promoted. When I was promoted, then I had to take up my post at Organized Crime, but only at a different section, not EPR, at SANEB section.”

Lieutenant Colonel Sibiya was promoted to SANEB in September 2021.

“I was promoted to SANEB in September, stof September I was promoted to SANEB, 2021.”

During his temporary placement, Lieutenant Colonel Sibiya was stationed at Economic Protected Resources within the Organized Crime office.

“Before you were promoted to SANEB, where were you in that period when you were in temporary placement? ... Economic Protected Resources. ... in the same office at Organized Crime.”

Lt-Col Sibiya presented five sample exhibits to Warrant Officer Mpangase in Durban between June 24 and before July 1, 2021, who then handed them to Colonel Jacob the following day at the office.

“The five samples were with the investigating officer, Warrant Officer Mpangase. In Durban. ... He says to me tomorrow he will not be in the office in the morning, so he wants me to hand over these five samples and enquiry to Colonel Jacob. Then I took possession of the sample and enquiry, put them in my steel cabinet. The following day ... Colonel Jacob was present. Then the following day I handed over the enquiry and the samples.”

Lieutenant Colonel Sibiya's involvement with certain exhibits was limited to being present at their discovery on June 22, 2021, but he later handled the exhibits on June 22, 23, and 24, 2021.

“My involvement with the exhibits was non-existent beyond being present at their discovery. ... I also handled the exhibit on the 23rd and the 24th. So I think maybe we need to amend that to say the exhibit, I handled them on the 22nd, the 23rd and the 24th.”

Lt-Col Sibiya states that Warrant Officer Mpangase and Colonel Jacob did not act according to the National Instruction in relation to the scene investigated.

“They were not according to the National Instruction.”

Lt-Col Sibiya says he was following instructions given by seniors, which were lawful at the time, even though certain decisions such as not calling LCRC were questionable.

“I am talking about the decision or the instruction that were given to me. Everything I did was as per instruction. ... At that point in time, Chair, they were lawful to me, at that point in time.”

Lieutenant Colonel Sibiya does not consider the instructions and decisions made by Colonel Jacob and Warrant Officer Mpangase as lawful.

“would you say that those decisions that were taken and the instructions were lawful, that were done by Colonel Jacob and Warrant Officer Mpangase ? No”

Lieutenant Colonel Sibiya states that his involvement in the investigation was minimal as he mainly assisted two seasoned SANEB investigators who handled everything.

“It was very minimal, because I had two seasoned SANEB investigators who were handling everything. So for me it was just to follow orders and assist in terms of whatever request they are making for me to assist them.”

Lieutenant Colonel Sibiya acknowledges that he was asked to handle important tasks such as sampling and handling exhibits alongside Warrant Officer Mpangase.

“you accept that you were tasked at various instances. You went with Warrant Officer Mpangase for sampling and you were handling the exhibits. Yes.”

Lieutenant Colonel Sibiya states that if he is available to assist, he normally helps everyone in the office who requests help, but the responsibility lies with the investigating officer.

“If you are requested to assist and you are available to assist, I normally assist everyone in the office who request assistance. So I do not see anything wrong by assisting. But the person who is responsible is the investigating officer who is responsible for everything.”

Lieutenant Colonel Sibiya accepts he was third in line of involvement after Captain Duma and Colonel Jacob, and below Warrant Officer Mpangase in the investigation tasks before 1st July.

“Of all the individuals that were involved in the scene and subsequently up to the 1st of July, in terms of the tasks, you were the third in line... Captain Duma... Jacob who was in charge... Warrant Officer Mpangase... and then yourself... Yes, you can say I was the third one...”

Lieutenant Colonel Sibiya had subordinate relationship with Colonel Jacob and was just a colleague to Warrant Officer Mpangase.

“Subordinate relationship... No social relationship... Just a colleague”

Lieutenant Colonel Sibiya has conducted several operations with Colonel Jacob as the team leader, mostly operations involving search warrants but no prior drug seizures before June 2021.

“With Colonel Jacob I had conducted operations with. Quite several because he was my team leader... we have executed some search warrants at the premises in Phoenix... no drug seizure... this was my first drug seizure...”

Lieutenant Colonel Sibiya states that the first drug seizure he was involved in was at the CHC depot.

“It was my first drug seizure. It was my first time even entering the depot.”

Lieutenant Colonel Sibiya admits that on 2 June 2021 he was aware of the National Instructions applicable to drug seizures but the handling of the suspected cocaine did not comply with those instructions.

“As at 2 June 2021, you were already aware of those prescripts... Would you say what was done that day in terms of handling the suspected Cocaine itself complied with the prescripts that you were aware of at the time? No.”

Lieutenant Colonel Sibiya believes that the responsibility for the crime scene lies with the crime scene manager and the investigating officer, not himself.

“If the crime scene manager is there and an investigating officer, the responsibility lies with them.”

Lieutenant Colonel Sibiya admits that he participated in handling the bags of suspected cocaine at variance with the prescripts he was aware of, including loading them onto the ORS vehicle, driving following the vehicle, and assisting with offloading and counting the bags at Isipingo Police Station.

“Did you not handle the bags, for example? Yes, I did. You handled the bags. Yes. And even after the loading, you loaded them onto the ORS vehicle, did you not? I did. And you drove following the ORS vehicle? Yes, I did. And on arrival at the Isipingo Police Station, you also assisted with the offloading of the bags? Yes, I did, Chair. You also assisted with the counting of the bags? Yes. Correct? Correct, Chair. All of this being done at variance with or not in accordance with the prescripts of which you were aware?”

Lieutenant Colonel Sibiya states that in the police they work with instructions and command.

“My response to you, Chair, in the police we work with the instructions and command.”

Lieutenant Colonel Sibiya initially says he did not see that the prescribed procedures were being flouted at the time of the container inspection.

“At the point in time, Chair, when this thing was happening, I did not see that the prescripts are being, they are not being followed.”

Lieutenant Colonel Sibiya admits that the LCRC was not called as required and he had been instructed to take photos himself instead.

“I was instructed to take photos, Chair.”

On the day of transporting exhibits from Isipingo to Port Shepstone, members from NPVC were used, and the following day SANEB members took the lead in bagging exhibits, indicating inter-section assistance happens.

“...on the very same day when we were transporting exhibit from Isipingo to Port Shepstone, we used members from NPVC. The following day when we were going to bag exhibit, members from SANEB were utilised ...”

LT-Col Sibiya was asked to take photos at a drug bust despite not having expertise or prior experience at depots or crime scene management.

“...you are the person who was asked with taking the photos at a drug bust, and you have no experience clearly in doing that...”

Colonel Jacob also took photos at the drug bust but it was his first time at a depot, which LT-Col Sibiya was not aware of.

“Colonel Jacob was also taking photos ... It was also his first time at a depot, by the way. ... I did not know that, Chair.”

LT-Col Sibiya explained that in their office, when information comes in, the person from the relevant section takes lead while others provide backup and assistance, regardless of rank.

“...when the information comes in and there is a person from that section you assist. When you are at the crime scene, they will provide guidance regardless of rank... the people from that section will take the lead but the other member will provide backup and assistance...”

LT-Col Sibiya accepted that he did not know if this deliberate choice was the motive but he trusted the experienced people to know what to do at the crime scene.

“...I trust that they are there as experienced people, they will know what to do...”

LT-Col Sibiya agreed that because of lack of knowledge about handling drug busts and usage of photos are involved, he would not question the actions of senior colleagues.

“...if they were doing something wrong, you would not be able to question them, because you also did not know how a drug bust gets handled...”

LT-Col Sibiya carries a pocket book but does not take investigative notes because those notes are normally taken by the investigating officer to collect contact numbers and identify statements at the crime scene.

“...I do carry a pocket book, but the notes that I was referring to are the ones that are normally taken by the investigating officer... those are the kind of notes I am talking about.”

LT-Col Sibiya's pocket book records his activities such as attending the CHC Depot and picking up Colonel Jacob, then moving to Port Shepstone to store exhibits and reporting off duty.

“The activities that you have done ... attended at CHC Depot ... picked up Colonel Jacob ... then moved to Port Shepstone to store exhibits ... then I report off duty.”

ADV Sikhakhane highlights that LT-Col Sibiya did not know the prescripts or rules regarding sampling, valuing, destruction, and grading of exhibits during drug busts.

“What seems to be the case ... is that you did not know the prescripts at the time ... you would not know anything about sampling equally ... you would not know anything about valuing, destruction and the types or grades of the exhibits.”

ADV Sikhakhane suggests LT-Col Sibiya was put in a situation deliberately so he was unable to question Colonel Jacobs when handling the samples.

“...with hindsight, do you not think that you were being put into a situation deliberately so that you are unable to question ... Colonel Jacobs?”

LT-Col Sibiya confirms that Warrant Officer Mpangase requested assistance from him because he was in possession of the state car during the drug bust operation.

“Initially, Warrant Officer Mpangase acted as if, because I was in possession of the state car, so he requires my assistance.”

Lieutenant Colonel Sibiya states that Colonel Jacob did not brief them on their individual tasks but only informed that they were going to meet Captain Duma, who had important information.

“he only told us that we are going to meet Duma, he is got very good information that we need to act upon, but we will hear from Duma when he briefs us”

Lieutenant Colonel Sibiya denies that there was any discussion between Captain Duma and Colonel Jacob in his absence before the briefing.

“No, I do not think there was a discussion.”

Lieutenant Colonel Sibiya says it was the first time he had been to the CHC depot and they followed Captain Duma who said he had been to the depot for inspection of the container.

“Yes, it was the first time being there. Captain Duma just told us that he has been to the depot, so we will follow him to the depot for inspection of the container.”

Lieutenant Colonel Sibiya states that after the meeting with the depot managers, they were accompanied by a lady who introduced herself as Mrs Pillay and showed them the container which was stacked with other containers on top and had container numbers to distinguish it.

“They came back with a lady, I think. She introduced herself as Mrs Pillay and other people that were accompanying them. And then she pointed at the container that we were interested in, but the container was stacked with other containers on top. They have got the container numbers, so that they used to distinguish which container is this.”

Colonel Jacob stated that the only hindrance to movement was two metres behind Lieutenant Colonel Sibiya as he faced the containers, and he never mentioned machinery moving next to the containers being picked up.

“The only hindrance in terms of movement that he told us about was that there was movement behind you. Two metres behind you. He never said anything that suggests that there was movement of machinery right next to the containers. With containers being picked up.”

Lieutenant Colonel Sibiya saw some machinery moving in front of the containers.

“Chair, for me, I saw some of the machinery moving in front of the containers.”

Lieutenant Colonel Sibiya confirmed that there was movement two metres behind him and two metres from the doors of the containers, as stated by Colonel Jacob.

“That was the case.”

Lieutenant Colonel Sibiya stated that even when considering the size of the bags seized, the space available would still have prevented inspection in front of the container at the scene.

“I think, Commissioner, considering the magnitude of the bags and the space required for the bags, still we were not going to be able.”

Lieutenant Colonel Sibiya stated that movement of machinery was a relevant factor that caused Colonel Jacob to move the crime scene.

“It is not, sorry Chair, it is not irrelevant because it is one of the factors that caused us to move the - that caused Colonel Jacob to move the crime scene.”

Lieutenant Colonel Sibiya agreed that the limited space prevented a search in front of the container and that machinery movement was one factor causing the crime scene to be moved by Colonel Jacob.

“Yes, Commissioner.”

Lt Col Sibiya stated it was a possibility to cordon off the whole area and close it down to operate, but that would also require removing containers close to the container being searched to have space to work.

“It was a possibility to cordon off the whole area and close it down. It was a possibility to close, to close the area so that we were able to operate. But it would have meant that even though those containers that were close to this container that we were intending to search, they would have been also to have to be removed so that we can have enough space to work.”

Lieutenant Colonel Sibiya confirmed the bags seized were found laid in about two parking bays at the police station, not in a single parking bay.

“It is not a single parking bay. It looks like 2. It is 2 parking bays.”

Lt-Col Sibiya explained the difficulty in counting exhibits as bags had to be opened and counted accurately at the parking lot due to concerns about allegations arising from discrepancies in initial versus recounted numbers.

“You need to be sure ... Because on these seizure of that 999, the initial report, they said they have recovered 1000 bricks. When they recounted now, it was 999. So, when you are dealing with such, you need to be sure”

Lt-Col Sibiya stated that the decision not to cordon off the scene was made by Colonel Jacob and that he complied with this instruction without challenge, despite any misgivings.

“I had already said that if we were going to close shop, it was going to be done ... If a Commander says this is a decision I am taking, you cannot challenge your Commander”

Lt-Col Sibiya observed that there were a lot of people at the depot during the processing of the crime scene, including members from management, DPCI, Captain Duma, and O.R.S members.

“I saw O R S members. I also saw people wearing reflectors from customs ... there were a lot of people ... management of the depot ... three of us from D P C I ... Captain Duma ... O R S members”

Lt-Col Sibiya relied on his memory and photos he took on the day for the details in his 2022 affidavit, despite not taking notes during the incident in June 2021.

“I was taking photos ... I sent the photos via WhatsApp ... I relied on the photos ... the affidavit that I deposed was in January 5, if I am not mistaken, 2022 ... still remember some of the things”

Lt-Col Sibiya obtained SAP numbers, enquiry file numbers, and other investigation details from the enquiry file before it was taken, which were included in his affidavit.

“Those SAP numbers, SAP 13 details, the enquiry file numbers ... from the enquiry, before it was taken ...”

Colonel Sibiya asserts he obtained information from his pocket book or pocket diary.

“I think in my pocket book.”

Colonel Sibiya confirms most of the information in his statement to the Commission comes from two affidavits he proposed.

“Most of it comes from these two affidavits that I proposed. This one and the further statement.”

Colonel Sibiya denies that he, Colonel Jacob, Duma, and Mpangase together approached the depot manager; he states only Colonel Jacob and Duma went to the office while he stood in the parking area.

“No, that is incorrect. It is incorrect. I never went to the office. We were standing in the parking. It is only the two that went to the office.”

Colonel Sibiya states he does not remember whether ORS people were there before or after the seal was broken, but later clarifies the ORS people arrived after the seal was broken at the depot to assist.

“I think when you were now speaking, you said you do not remember whether the ORS people were there before or after the seal was broken. ... ORS people, they came after the seal was broken.”

Colonel Sibiya admits he made a mistake by initially saying the ORS were there before the seal was broken, clarifying they were actually requested by Colonel Jacob after the seal was broken due to the discovery of drugs.

“What makes me remember that it was after the seal was broken was the fact that they were requested by Colonel Jacob to assist.”

Colonel Sibiya states he did not know the identities of ORS members before this hearing day but knows them now.

“I did not know them before this day. I knew them after.”

Colonel Sibiya says he saw people wearing customs uniforms at the crime scene which led him to mention customs officials in his first statement, but this is not reflected in his statement to the Commission.

“When we are at the crime scene, I saw people wearing customs uniforms.”

Colonel Sibiya acknowledges his Commission statement does not mention customs officials even though he saw people wearing customs jackets, suggesting it may have been a typographical error.

“It is not there. I think, Chair, that may be it might be a typo error, but I know that I saw people from customs.”

Advocate Baloyi accuses Colonel Sibiya and Colonel Jacob of having identical and copied statements about the presence of customs officials.

“My concern is that you and Colonel Jacob, your statements are the same on this issue ... you have done exactly that. You have looked at each other's statement, that is what it looks like, and you repeat what the one has said in their statements.”

Colonel Sibiya denies copying Colonel Jacob's statement, stating they may have discussed issues but not for the purpose of preparing the affidavit.

“Chair, I never copied his statement. He never copied my statement. Obviously, I report to Colonel Jacob as a Unit Commander. Now and then we will have discussions. Not to say we are telling each other what to write in your affidavit, no.”

Colonel Sibiya denies Colonel Jacob sought to influence him between June or July 2021 up to 1 June 2026 regarding his statement.

“No.”

Lt-Col Sibiya did not have details such as names of people present when the seal was broken at the crime scene, as he was not the investigating officer.

“I did not have details as I was not an investigating officer. Normally, an investigating officer will acquire all the details of the people who are at the crime scenes”

There was a crowd of people wearing overalls gathered around the container, with no attempt made to cordon off the area.

“There was no attempt to cordon off ... there is just a lot of people gathered wanting to see what was seized”

Lt-Col Sibiya was given instructions by Colonel Jacob to take pictures of the seal being broken using a state phone before it was broken.

“The instruction to take pictures was given to me before the seal was broken because I got the photos of the seal before broken ... I was using my phone ... as a state phone”

Lt-Col Sibiya did not share Colonel Jacob's concern about possible invasion or attack while remaining at the scene.

“I never thought of that”

Lt-Col Sibiya felt uncomfortable with the number of people very close to the container and the exhibit being crowded, prioritizing safety and security.

“I also felt very uncomfortable with such exhibit with quite a number of people ... considering we were only four members”

Lt-Col Sibiya and the team took protective measures, were armed when conducting the drug bust, and took safety as a priority due to uncertainty about who else was collecting the drugs.

“We fetched the drugs ... We were armed ... your first priority is safety ... you would take protective measures just in case you are ambushed”

Lt-Col Sibiya was going to the depot to conduct a drug bust operation and was informed by Mpangase to request assistance.

“I was just informed by Mpangase, requesting assistance ... when I got to CSC depot, there are drugs”

Lt-Col Sibiya did not know of a document that required reporting before assisting but reported to Captain Majola's office who was acting while Col Jacob was on leave.

“No, no, I do not know of such a document. Your report to your Immediate Commander of all the activities that you are about to partake. So, you just inform him. ... I went to Captain Majola’s office who was acting, because Colonel Jacob was on leave.”

Lt-Col Sibiya was allowed to assist by Captain Majola on 23rd and 24th despite the office being locked and Colonel Jacob being absent.

“And then Captain Majola’s office was locked but I contacted him. Hence, he allowed me to assist again on the 23rd and on the 24th.”

Lt-Col Sibiya informed Captain Majola before going and after returning about the activities he was requested to assist with by Warrant Officer Mpangase who placed him on duty.

“I informed him to say I have been requested by Warrant Officer Mpangase to assist him. He said, no problem. ... Then in the morning on the 23rd, I briefed him of what has transpired on the 22nd. Then he was all right.”

Lt-Col Sibiya's role was to be available to assist as required by others during the operation.

“It depends on what type of assistance is required by the people that you are assisting. ... Yes, to assist them, yes.”

Other members from ORS were also called to assist and conducted inspections during the same operation alongside Lt-Col Sibiya.

“Yes, from ORS who were also conducting inspection. Then Colonel Jacob requested, after seeing a vehicle, requested them to assist us in taking the exhibit to the police station.”

Lt-Col Sibiya clarified that his notes about space being limited and risk to members and exhibits were his own observations and not discussed with Colonel Jacob or Warrant Officer Mpangase.

“Those were my observations of the situation, and I have not discussed them with anyone, so yes. ... No, it is not what was said on the scene.”

Lt-Col Sibiya did not recall the reasons Colonel Jacob cited for deciding to go to Isipingo and only recalled being told to load bags and proceed there as requested assistance.

“I do not recall, Chair. ... I remember him saying that I have requested for assistance, let us go to Isipingo. Let us load the bags and go to Isipingo, SAPS.”

Lt-Col Sibiya and Colonel Jacob gave the same explanation for moving to Isipingo but said they did not discuss this on the spot and it was based on their own observations.

“Those were my observations of the situation... Not only us conspiring, maybe trying to plot something, It could also be that what I was observing is the very same thing that he was observing.”

Colonel Jacob briefed LT-Col Sibiya and Warrant Officer Mpangase during the trip to Isipingo because they did not have enough bags and needed to gather more there.

“He indicated that due to the fact that we did not have enough bags and we must proceed to Isipingo so that we can gather more bags and bag the exhibits”

The bags that could accommodate the exhibits were in the car driven by LT-Col Sibiya, not brought by Colonel Jacob.

“No, no, they were in the car that I was driving”

No one else arranged for bags for the exhibits apart from LT-Col Sibiya, and no one talked about bags besides him.

“Otherwise, no one else had arranged for bags. No, no one talked about bags.”

The photos taken by Colonel Sibiya during the investigation were of poor quality, highlighting the need for qualified people to take crime scene photos.

“Even the quality is not great... qualified people should be taking crime scene photos because the quality of these photos is not great”

Colonel Sibiya captured the picture of the serial number during the investigation to ensure documentation.

“I captured that one. I had to make sure”

The container subject to the investigation was confirmed by Colonel Sibiya to be the one in the photo identified as container on page 970 of the exhibit file.

“Do you confirm that is the container that was the subject of this investigation ... Yes”

Lieutenant Colonel Sibiya confirms that after finishing counting the bags, the bags were still present as he included this in his affidavit and cannot say it is wrong.

“This is according to his version. If I remember well, when we finished counting, they were there. That is why I put it in my affidavit. So I am unable to say that this affidavit is wrong or right.”

Lieutenant Colonel Sibiya asserts Warrant Officer Perumal clearly stated he did not have space for the drugs and denies that Colonel Jacob asked about storage space.

“I also did not say that Colonel Jacob asked Perumal about the space. I said Warrant Officer Perumal said he did not have space.”

Lieutenant Colonel Sibiya denies Warrant Officer Perumal's statement about there being space at the station and questions why Perumal allowed exhibits to be booked in without forensic bags if bags were available.

“I think this paragraph is not speaking the truth. And I can tie this paragraph also with the issue of the bags. As a very experienced SAP 13 clerk, if he had bags, why did he allow the exhibit to be booked in without bags? Because once you are a custodian of the SAP 13, regardless of rank or what, you are in charge of the SAP 13, then you accept exhibits that are not put in the forensic bags.”

Lieutenant Colonel Sibiya states he did not know there was space at the police station on 22 June and only heard Perumal say there was no space.

“I did not know. I only heard Perumal saying that there is no space.”

There is an important issue regarding the National Instruction requiring that exhibits be dealt with at the police station where the crime occurred, but the diary of Mpangase does not record how exhibits ended up in Port Shepstone; only Sibiya and Jacob claim this, and Jacob later retracted his firm position.

“You will agree it is an important issue because the National Instruction does require you to do all of this at the police station where the crime occurred. Now, the diary of Mpangase does not record such an important fact that would explain the anomaly and irregularity of taking these exhibits to Port Shepstone. How do they land in Port Shepstone? There is no record of that. It is you and, it is only you and Jacob in the written statements who say this, but now it is only you because Jacob in his testimony ended up retracting his firm position in saying, actually, I do not remember explicitly asking him or having a discussion with him about space.”

Lt-Col Sibiya heard Warrant Officer Perumal say he has no space around the time the exhibit bags were taken out of the bags during offload.

“It was when the exhibit were taken out of the bags, that is where one of the Perumal said, so much drugs, I do not have space.”

Lt-Col Sibiya overheard Warrant Officer Perumal talking to Colonel Jacob on 22 June 2021 at SAPS Isipingo stating that they do not have space to store the drugs and discussing that a team would arrive to escort the drugs.

“On 2021-06-22, the day of the seizure, while at the SAPS Isipingo, I overheard the SAP 13 Clerk Warrant Officer Perumal talking to Colonel Jacob, stating that they do not have space to store the drugs. Thereafter, I overheard speaking over the phone, indicating that we require a place to store drugs. After deliberation, Colonel Jacob informed us that the Brigadier had indicated that a team would arrive to escort the drugs.”

All three role players (Colonel Jacob, Warrant Officer Perumals, and Lt-Col Sibiya) were agreed that there was no inconsistency regarding why an issue needed clarification.

“all three role players are agreed on this issue”

Lt-Col Sibiya put a clarification statement in his statement, mentioning people and times, and the investigation team also took that statement, implying a request was made that needed clarification.

“But for the fact that I put it in my statement and I am mentioning the people and the times, the investigation team also took the statement. They were not going to accept any statement that they did not request, which means the request was made.”

Without a reasonable explanation, the later version of events by Lt-Col Sibiya and Colonel Jacob appears to be concocted and does not make sense.

“Absent an explanation that makes sense, this later version by you and by Colonel Jacob appears to be concocted. The explanation you give does not make sense.”

Warrant Officer Perumals told Colonel Jacob there was no space for the exhibit bags, prompting the need to take them to Port Shepstone; this conversation was overheard by Lt-Col Sibiya, but neither Perumals nor Jacob recall the detail fully, requiring Sibiya to remind them.

“It could only be because Warrant Officer Perumals said to him there is no space ... you overheard Jacob talking to Perumals ... Neither of them remember the conversation, and it is you who must remind them that the conversation took place.”

Lt-Col Sibiya's current explanation about the conversation and why exhibit bags were not left at Isipingo is inconsistent with previous accounts and appears to be made up to provide a reason.

“I want to suggest to you that you made up, in this clarification statement, you made up a reason why these exhibits end up not being left at Port Shepstone. And what you make up is to say they had a conversation, Jacob and Perumal, and Perumal said, I do not have space.”

Colonel Jacob did not recall the exact reason for the clarification, and Lt-Col Sibiya was not in a position to make a decision on where the exhibit must be kept.

“The bottom line, Chairperson, I was not in position to make a decision as to where the exhibit must be kept.”

Lieutenant Colonel Sibiya acknowledged that it was wrong and against National Instructions for exhibits to be booked without forensic evidence bags but accepted it was happening operationally.

“work on the basis that I accept the truthfulness of you saying that, that your senior went ahead and completed these things without evidence bags ... It is against what the books say we should do. You knew that ... sometimes operationally we have to make decisions that are contrary to the National Instruction”

Lieutenant Colonel Sibiya accepted that no calls were made to other stations to procure forensic bags despite knowing the rule requiring evidence bags.

“you cannot say there was a failure to obtain because you did not call other stations ... none of you said let us call the other stations and then say, oh, we have tried ... you accept that?”

Warrant Officer Perumal allowed exhibits to be booked without forensic evidence bags, contrary to National Instructions, indicating something is not right.

“I think that Perumal, knowing the National Instruction, and as a custodian of the SAP13, allowing exhibits to be booked without forensic bags, then there is something that is not right there. It is proof that the exhibit bags were not there. That is why he is accepting drugs without forensic bags.”

Lieutenant Colonel Sibiya did not escalate concerns about lack of forensic bag space at the station to anyone higher.

“I did not take it up with anybody high ... I would not know if he engaged somebody higher than Perumal, but I did not engage anybody.”

Lt-Col Sibiya was present in the vault when samples were taken and handed over five samples to Lt General Jacob the following day, which is not improper handling under the law.

“I was present in the vault when the samples were taken ... Warrant Officer Mpangase handed over to me five samples and then qualified to hand it to Lieutenant General Jacob on the following day ... there is nothing wrong with that”

Warrant Officer Mpangase was the one who fetched the keys from General Senona's office; Lt-Col Sibiya was driving and did not go to the office.

“I was driving ... Warrant Officer Gumede ... There is only Mpangase who went up to fetch the key and came back to us”

Warrant Officer Mpangase completed the SAP 13 register based on a list of all exhibit bag numbers without having the actual bags in sight.

“Warrant Officer Mpangase went with the list of all the exhibit bag numbers and then he completed the SAP 13”

The SAP 13 Clerk did not see the exhibits because the key was left at Port Shepstone and the clerk signed off without inspecting the exhibits.

“He did not see the exhibits because we cannot even say maybe he went back because we left Port Shepstone with the key to Durban. So he did not see it, but he signed for them”

It is not normal procedure for the SAP 13 Clerk to complete the register without seeing the exhibits, and the clerk should have demanded to see the exhibits but did not.

“And that is not how it is normally properly done. If it is done properly, that is not how to do it. The SAP 13 Clerk should have demanded to see the exhibit. But she did not”

The investigating officer was supposed to brief Colonel Jacob when he came back, but LT-COL Sibiya did not brief him.

“He was supposed to be briefed by the investigating officer. I did not brief him”

On 1 July 2021, LT-COL Sibiya accompanied Colonel Jacob and Warrant Officer Mpangase to the depot to unpack a container and carried out an inspection to verify that the packing list corresponded with the number of bags in the container.

“On 1 July 2021 I was requested by Colonel Jacob to go with him and Warrant Officer Mpangase to the depot to unpack the container. The container was opened. The labourers, they moved the bags. We inspected the container. We confirmed that the packing list corresponds with the number of bags”

LT-COL Sibiya's role at the depot was to accompany the others to conduct inspection, not just to count the bags.

“I was just accompanying them to go there... We were not going there for only counting the bags... We were still conducting a further inspection to see did we not miss anything one day”

Colonel Jacob stated in his own statement that they conducted a count of animal feed bags corresponding with the packing list and then released the container. However, LT-COL Sibiya clarifies they went back for further inspection and rejected that it was only a count.

“We conducted a count... We proceeded there. We conducted a count of that number of bags of animal feed. This corresponded with the packing list, and then we released the container... He does not say in his statement, we went back for further investigation... I do not understand why that is your problem”

LT-COL Sibiya denied the suggestion that the return visit was merely to create appearances and said the labourers were requested to assist in unpacking the container for further inspection and to check for more narcotics, but nothing was found and the container was then handed over to the relevant person.

“Hence the labourers were requested to come and assist unpack the container. We went there to inspect the container for further narcotics, and we saw that there was nothing. Then the container was then handed over to the relevant person”

Contrary to LT-COL Sibiya's claim, ADV BALOY ISC asserts that the container was not emptied and the evidence that the labourers emptied the container is contradicted by the Commander who was in charge on the day.

“You did not empty the container. Your Commander, who was in charge of the scene on the day, said you did not empty the container. You took out the first few bags, and from the first few bags you knew that all is good... So you are contradicting Colonel Jacob again when you say the labourers emptied the container. That is not his evidence”

LT-COL Sibiya confirms that bags were taken out of the container but does not agree that the container was emptied.

“The bags were taken out of the container, Chair”

Colonel Jacob told LT-COL Sibiya the reason for going to the depot was to conduct a further inspection to see if anything was missed in the container that day, especially for more drugs.

“He said we needed to go and conduct a further inspection on the container to establish if maybe there was something that we did not pick up on that day”

Lt-Col Sibiya does not dispute that the visit on 1 July was not included in the first two statements, but asserts that this does not necessarily mean the visit never happened, noting that police vehicles have trackers which can confirm the visit.

“I do not dispute the fact that it is not included in my first two statements, but that does not necessarily mean that it never happened. Police vehicles have got a tracker. The tracker can be requested, and then you will see that indeed on the day of the 1st we went there.”

Lt-Col Sibiya admits the omission of the 1 July visit from earlier statements but says the depot can confirm members inspected the container on that day.

“I would say, Chair, it is an omission from my part, but the person at the depot can also confirm that, indeed, members came to inspect the container.”

Lt-Col Sibiya and counsel agree the records of the vehicle tracker could confirm the visit on 1 July.

“But for confirmation, Chair, we can get the records of the vehicle.”

Lt-Col Sibiya asserts that after the drug seizure, inspections were done even the following day to ensure all bags were accounted for, needing to arrange labour for unpacking the container.

“Normally when seizures are done, inspections are done even after on the following day, because you cannot unpack now without the preparation of getting the labourers to unpack. You can just observe that there is nothing there. Then when labourers are required, you need to make arrangements because there is nowhere where you can just get labourers.”

Lt-Col Sibiya insists no possibility of more drugs than the 541 counted being in the container because they checked everything carefully, including packing lists.

“I do not accept that, Chair, because we checked.”

Lt-Col Sibiya confirms he was sent by SAPS to attend a course in Paarl and was absent from KwaZulu-Natal when the exhibits were stolen.

“I got a call from Brigadier Nyuswa.”

Brigadier Nyuswa requested Lt-Col Sibiya to attend the course in place of Captain Van Niekerk because Captain Van Niekerk had a family emergency.

“He then requested me to assist because Captain Van Niekerk, who was supposed to go and attend the course, was on the call-up instruction. He had an unfortunate situation. His mom was ill. Then he said, can I kindly replace Captain Van Niekerk to attend the course? Then I agreed.”

Lt-Col Sibiya's course attendance was from 18 October to 3 December 2021 with a family visit in between.

“My course was resuming on the 18th of October. I came back to visit my family on the 29th of October and went back to Paarl on the 2nd of November, up until I came back on the 3rd of December.”

Lt-Col Sibiya states there is nothing more to add regarding his statement about the events discussed.

“No, there is nothing.”

Lt-Col Sibiya confirms receiving a complaint email from Warrant Officer Sander and acted by forwarding it to his Commander Lieutenant Colonel Gopalsamy, who had already drafted a report and sent it to the Provincial Office, concerning a member who was convicted.

“I confirm receiving that complaint ? Yes, I confirm ..... I did hand him over and showed him the email .... He indicated that he already drafted a report regarding this matter ..... the report was sent to the Provincial Office . What I know is that this member was convicted.”

Lt-Col Sibiya states that the complaint was about theft of exhibits, resulting in the conviction and resignation of Warrant Officer Jooste from the service.

“It was in relation to the theft of exhibits .... he was convicted and he resigned from the service. Warrant Officer Jooste.”

Lt-Col Sibiya explains that a chain of custody issue over exhibits related to cocaine and mandrax was blamed on Warrant Officer Jooste after Lt-Col Jacob gave exhibits to Jooste who failed to deliver them to Forensic Science Laboratory (FSL).

“Colonel Jacob had handed over the exhibits to Warrant Officer Jooste, and then Warrant Officer Jooste was supposed to take the exhibits to Forensics, and he did not take them ..... he also submitted a chain statement to say that indeed they received the exhibits from Colonel Jacob and forwarded them to FSL ..... meanwhile, the exhibits were not received and the acknowledgement receipt could not be found.”

Lt-Col Sibiya has not seen the report sent by Colonel Gopalsamy to the Provincial Office about the allegations but knows verbally that the report was sent and investigation was instituted against the member.

“I have never seen that. I have not seen the report .... But he told us, when Warrant Officer Sander was present in our morning meeting, he told us that your issue or your email has been attended to. I have submitted a report to Provincial Office. Hence, the investigation was instituted against a member.”

Lt-Col Sibiya explains that all members mentioned in the report were investigated, but the only person with misconduct was the warrant officer responsible for not delivering exhibits properly.

“I think all the members that are mentioned here ... some of them, they were just investigating this docket .... the person who was mischievous here ... was that Warrant Officer.”

Warrant Officer Mpangase stated that he, Lieutenant Colonel Jacob, Warrant Officer Sibiya (now Captain), and a Crime Intelligence member went to Isipingo to look for the alleged cocaine container.

“Myself, Lieutenant Colonel Jacob, and Warrant Officer Sibiya, now Captain, together with the Crime Intelligence member, proceeded to Isipingo to look for the alleged container.”

Photos taken by Colonel Jacob and Captain Sibiya were not entered into the investigation diary properly.

“Your file, your seizure does not have the benefit of this report. All it has are random pictures taken by yourself and Captain Sibiya, which are not even entered into the investigation diary”

Colonel Jacob did not take statements from Warrant Officer Mpangase and Warrant Officer Sibiya for purposes of the enquiry, which is unusual since statements were collected from others involved.

“Your statement is there. But it does not appear that you took a statement from Warrant Officer Mpangase and Warrant Officer Sibiya for purposes of the enquiry. Why is that?...You seem to have collected statements from almost everybody except those two. Why is that?”

Colonel Jacob selected Warrant Officer Sibiya for a narcotics operation because they had a close working relationship from previous deployments and he trusted him despite the officer having no prior experience in such operations.

“KG Sibiya and I, he worked under me at EP Ra as well, so we have got a close relationship. I get on well with the member. That is the reason for it.”

Colonel Jacob denies having chosen Warrant Officer Sibiya for any reason other than personal trust and past relationship despite others having more experience, as there were no other members he had a good relationship with at the time available.

“If Mpangase had suggested another name I would have chosen them… There was no special reasoning behind my choosing of Sibiya.”

Advocate Baloyi SC challenges Colonel Jacob's decision to pick an inexperienced junior officer, suggesting that more experienced members could have contributed valuable input to the narcotics operation.

“You pick some one who does not do this in the normal course of their work… a very junior person… that does require an explanation, especially in an operation that goes so horribly wrong.”

Warrant Officer Mpangase was directed to find a person named Sibiya, who was unrelated to narcotics work, and followed instructions due to authority hierarchy.

“You told Mpangase who to approach... which is to find Sibiya, so do not blame Mpangase for anything to do with this choice... why Sibiya, who has nothing to do with the kind of work that you do, which is narcotics.”

Chairperson accuses Colonel Jacob of self-creating a fear around Umlazi by failing to request reinforcements, thus purposely not mitigating his fears.

“So you choose not to even try. You go there, it is you, it is Mpangase and Sibiya ... because you never know. Trying, maybe you could have gotten reinforcement ... So it is self-created fear.”

Colonel Jacob took over the investigation on return from work on 1 July 2021 and went to the CHC depot to check the container with Mpangase and Sibiya.

“On my return from work , I took over the investigation . Mpangase made it known that he was leaving .”

Colonel Jacob chose Warrant Officer Sibiya to be next member of the team.

“It was at that stage Warrant Officer Sibiya .”

Colonel Jacob chose Warrant Officer Sibiya as his personal choice, not because of Captain Duma.

“That was my choice , Commissioner .”

Colonel Jacob selected Warrant Officer Sibiya for the team based on familiarity and good understanding from prior work, not because of drug bust expertise.

“He is competent enough , although he was not a fundi in drug cases , he is a Detective .”

Warrant Officer Sander made a complaint about loss of exhibits and docket disappearance, but has not received an acknowledgement or written response to the complaint submitted to Captain Sibiya.

“The complaint was about the loss of exhibits... You submitted it to Captain Sibiya. Did you receive a response? No ... the answer is still no.”

On 22 June 2026, LT-Colonel Duma met Colonel Jacob with two members, Warrant Officer Mpangase and Warrant Officer Sibiya, to brief them and provided the container number BEAU5955535 at the Isipingo area and pointed out the CSC container depot location.

“On the same day, it is approximately 9:20, I met Colonel Jacob with two members, Warrant Officer Mpangase and Sibiya... I briefed them and provided them with container number BEAU5955535... I then escorted them to the Isipingo area where I pointed out the CSC container depot.”

Colonel Jacob persisted and on 19 May 2026 insisted on seeing Setshedi; after some back and forth, Jacob came with Lieutenant Colonel Sibiya to meet Setshedi at a new lab at Mayville.

“on the 19th of May, he called again ... The Colonel said can I come now, now, now? Then the Colonel said okay ... Then the Colonel Jacob arrived with Lieutenant Colonel Sibiya ... they came to the lab ... to a new laboratory at Mayville”

The scene of the Manu Chao incident was taken over by senior officers, specifically Colonel Sibiya.

“So I called out my seniors. They took over that scene. But with regards to Manu Chao, that was about it for me.”

Mr Mogotsi states he does not want to incriminate himself by answering whether he met General Sibiya before January 8th event, denying that the first time he met General Sibiya was on January 8th in Cape Town.

“Ja, to all the answers, I am not going to incriminate myself and forward, Chair.”

Mr Mogotsi invoked his right to remain silent to avoid self-incrimination when asked how his meeting with General Sibiya before January 8th incriminated him.

“To rather invoke my right to remain silent.”

Mr. Mogotsi has voluntarily made himself available to the Commission and gave evidence without being summoned, but he will not answer questions specifically regarding General Sibiya to avoid self-incrimination.

“Mr Mogotsi has voluntarily made himself available to the Commission, and he gave evidence without being summoned to come. It is not a refusal to answer questions specifically with regards to General Sibiya. His response thereto is that he will not incriminate himself any further, thus will not answer the question.”

Mr Mogotsi's co-handler introduced him with Colonel Duma, Warrant Officer, and Warrant Officer Mabuza to General Sibiya.

“The person who was your co-handler said he introduced you with Colonel Duma, Warrant Officer, and Warrant Officer Mabuza to General Sibiya.”

Mr Mogotsi refuses to incriminate himself by reporting his discoveries to General Sibiya or General Khan or revealing sources of evidence.

“I am not going to incriminate myself for General Sibiya.”

Mr Mogotsi asserts that General Khumalo or Masemola were never subjected to harsh questioning like General Sibiya or others.

“even when General Khumalo or Masemola were here, they would never be subjected to this harsh questioning like you do on General Sibiya or others.”

Mr Mogotsi confirms attempts to sow division between General Khumalo and General Mkhwanazi, to have members of the PKT arrested for the raid on Mr Matlala, to involve IPID in an arrest arising from the raid, and an attempt to persuade the Minister that General Sibiya and Discipline General Khumalo are involved in a Constitutional Court judgment matter (Makala case).

“So , we have talked about your attempt to sow division between General Khumalo and General Mkhwanazi , your attempt to have members of the PKT arrested for the raid on Mr Matlala , your attempt to get IPID involved in an arrest arising out of the raid on Mr Matlala 's house . ... Your fourth , the fourth instance is your attempt to persuade the Minister that he or General Sibiya and discipline General Khumalo arising out the Constitutional Court judgment in the Makala case .”

Mr Mogotsi says General Sibiya took over the space of General Mfazi after his passing, not the whole operations.

“Ja, not my operations, he took over the space of General Mfazi.”

Mr Mogotsi does not know if his handler and co-handler reported to General Sibiya.

“I do not know how they report.”

Mr Mogotsi denies knowledge that General Sibiya would be briefed on the outcome of the operations.

“I did not know that.”

Mr Mogotsi says he needed permission from General Sibiya before proceeding with operations.

“Why then did you need General Sibiya's permission before you could get going with your operations again?”

There is substantial evidence that Mr Matlala arranged through Sergeant Nkosi for impalas to be delivered to General Sibiya's home on 8 January.

“We have seen evidence that Mr Matlala arranged through Sergeant Nkosi for impalas to be delivered to the home of General Sibiya. Now, if you go to page 86 of the annexure bundle, BM 7.45, this is when you are in Cape Town for January the 8th.”

Mr Mogotsi claims this is the first time he has heard of impalas being delivered to General Sibiya by Mr Matlala and denies watching the Commission evidence.

“Yes, this I hear for the first time. As you say, people came here and gave evidence before the Commission, Chairperson, ever since I left the Commission last time, I do not watch the Commission. I, it is, ja, I do not watch the Commission at all... The impala, this one, it was the meat, impala meat, which I thought we will have.”

General Mfazi called Mr Mogotsi initially, but General Sibiya arrived after the elections and took over arrangements.

“He was called by General Mfazi in the first place. General Sibiya came in after the elections. Recently, when we needed another DNC, it is the co-handler who went to talk to him, who arranged all those things, it is not me.”

Witness informed Lieutenant General Sibiya the case was withdrawn in court on 8 October 2022 with no pending case against them.

“I told General Sibiya that the case was withdrawn in court on 8 October 2022 and that there is no pending case against me and I have no case to answer.”

Lieutenant General Sibiya sympathised with the witness and understood their treatment upon return to SAPS.

“Lieutenant General Sibiya further sympathised with me as he stated that he also went through the same treatment upon his return to the SAPS and that he understands exactly how I feel.”

Crime scene report normally goes to the investigating officer in charge, named as Brigadier Sibiya of UGU District Detective Commander, not to local office or detectives.

“Commissioner, it goes to the investigating officer, Brigadier Sibiya. He was in charge of the scene. He is the UGU District Detective Commander. He came out to the scene. He appointed Sergeant Jones from his office. He was going to be the investigating officer.”

LCRC did not attend the scene of a particular narcotics seizure in February 2022, and it is unclear why Colonel Sibiya did not summon them.

“This is the other matter where LCRC did not attend the scene . It is not clear why Colonel Sibiya did not summon them .”

General Sibiya communicates with Mr Matlala and Mr Motsumi indirectly through Sergeant Nkosi on WhatsApp to avoid leaving a direct communication trace.

“that General Sibiya does not want to leave a trace of direct communications with Mr Matlala, so he communicates with Mr Matlala through Sergeant Nkosi, and similarly in relation to Mr Motsumi”

General Sibiya expressed concern over a prolonged lack of good relations with General Nhlanhla Mkhwanzi in KZN, a situation known to Minister Cele who failed to resolve it before retirement, and that the National Commissioner also attempted unsuccessfully to intervene.

“General Sibiya called me to tell me that I must come see him in his office ... He told me that he is worried that he and General Mkhwanazi are not getting along, and this has been happening for a long time, and even Minister Cele knew about it, and he did nothing to solve the problem until he went on pension. He further told me that the National Commissioner tried to solve it, but with no luck.”

Lieutenant General Mkhwanazi denies fighting with General Sibiya and suggests Sibiya should clarify his issue; investigations involving certain people keep bringing up Sibiya's name, possibly explaining Sibiya's desire to reconcile.

“Lieutenant General Mkhwanazi told me that he does not fight with General Sibiya, but General Sibiya must be the one telling me what is his problem, and further told me that there was an investigation on particular people, but General Sibiya's name keep on coming out ...”

The witness confirms having met more than once with General Mkhwanazi to try and make peace, as instructed by General Sibiya, due to General Sibiya's own non-disclosure of his problems and a history of peaceful, general conversations over the phone.

“I confirm that I met with General Mkhwanazi more than once. The reason was I was sent by General Sibiya to try to make peace. The reason he tasked me is to that because we talked a lot together with General Mkhwanazi on the phone, but we just talked on general or normal things.”

Later the same week, Mr Matlala urgently needed a black card found in the jet ski and promised to meet Deputy President Paul Mashatile and then General Sibiya; the witness took pictures of the card and sent it to Mr Matlala's phone.

“He needs a card urgent as he was going to meet with the Deputy President, Paul Mashatile, then he met General Sibiya after that ... I took pictures of the said card ... I sent it to his phone.”

The witness interviewed victim Mr Abby who suspects Mr Matlala but does not want to make a formal statement; the witness informed Lieutenant General Sibiya, who was in Cape Town but arranged a team led by Brigadier Ramangwa to investigate the kidnapping; the operation was at Atteridgeville but victims were not found; arrests are imminent.

“I have interviewed the victim Mr Abby ... he told me that he suspects Mr Matlala but he did not want to make a statement ... I immediately contacted Lieutenant General Sibiya ... he was in Cape Town but will set up a team to investigate the matter ... head of investigation was Brigadier Ramangwa ... operation was conducted at Atteridgeville but the victims were not found ... arrests are imminent.”

During September 2022 deployment in Musina, Sergeant Nkosi worked with General Sibiya and was involved in arresting three suspects related to cash-in-transit and possession of unlicensed firearms and ammunition. The matter is pending in High Court and the accused remain in custody.

“During the said deployed, three suspects were arrested at Musina as per Musina CAS... It was a cash-in-transit charge and the possession of unlicensed firearm and ammunition. I then became closer with General Sibiya... I confirmed the matter is currently in High Court pending for trial and the accused persons are still in custody.”

General Sibiya asked Sergeant Nkosi in January 2024 to collect a complainant downstairs in the security area, who was Mr Matlala ('Cat Matlala'), known to Nkosi as a businessman and security industry figure.

“During the month of 2024, around January, while I was in the office of General Sibiya, I was told by him that he wants me to go and collect someone from downstairs in the security area... The said person was the complainant according to him... I found that it was someone I knew, as Mr Cat Matlala... I know Mr Matlala (Cat) as a businessman in the security industry”

Mr Matlala ('Cat') told Sergeant Nkosi to be loyal in his work because he can make things happen for his promotion, and that he had won a hospital tender giving him influence to visit the office frequently.

“Mr Cat sometimes when he is looking for General Sibiya, he would tell me that I must be loyal in my work because he can make things happen for me in terms of getting me promoted to the higher rank... He further told me that he has won a hospital tender, so that would make him come more often to the office to check everything is okay”

Sergeant Nkosi found a Luxor card and later informed Mr Matlala about its whereabouts, linking the urgency of needing the card to meetings with Deputy President Mashatile and General Sibiya.

“he needs the card urgent as he was going to meet Deputy President Mashatile and then meet General Sibiya after that. I then took pictures of the said card. It was black in colour, then sent to his phone.”