ADV Segeels-Ncube

Mr Nku received a screenshot image on 1 July 2021, forwarded by another user on the app, containing sensitive information which he kept private due to the nature of the information and the difficulty of encroaching on the network involved.

“it was forwarded to me ... it is on your device on 1 July 2021 as an image, as a screenshot ... It is another user on the app ... my reasons for keeping tabs, I would request not to place them on a public forum because there is highly sensitive information relating to this”

Mr Nku denies that the screenshot communication about shipment relates to the drugs that ended up in Aeroton and denies involvement in the planning discussed in the screenshot.

“no, no, it does not relate to this ... this is planning basically ... I would have had further communications regarding that ...”

Brigadier Nyuswa was told by Warrant Officer Mpangase that he was going with Lieutenant Colonel Jacob on the operation.

“you get told that it is Warrant Officer Mpangase going with Lieutenant Colonel Jacob.”

The outcome of the investigation related to the subject being a member of a shooting club without declaring, resulting in disciplinary proceedings and a verbal warning.

“the outcome relates to him being a member of a shooting club, not having declared that, and then there was disciplinary proceedings and he was given a verbal warning”

Chief Mashaba receives messages from Mr Nku containing number plates to check and is able to check vehicle ownership using a device as part of his duties.

“A message from Mr Nku ... he says: “Ask them to check this number plate.” ... you say thumbs up ... you are able to check”

Coordination of location coordinates was asserted to have been sent shortly after midnight on 9 July, but Chief Mashaba denies the timestamp of 22:25 on 8 July at which the coordinates were allegedly sent.

“you said he sent you the pin location”

Advocate Segeels-Ncube alleges police acted under false pretences, creating the impression they were from Crime Intelligence when they were not.

“Well, you were there under false pretences because you created the impression that you were from Crime Intelligence.”

Chief Mashaba developed the plan to activate manpower only after Mr Nku confirmed the truck carrying drugs was on its way.

“This plan you only come up with after he confirms to you that there is, in fact, the truck does have drugs and it is on its way.”

Advocate Segeels-Ncube challenges Chief Mashaba that his statement mentioned the truck was 'allegedly suspected' to have drugs, implying it was an allegation or suspicion rather than confirmed fact, and questions the factual certainty of the information.

“In your statement you say, which was allegedly suspected to have drugs in its cargo... It was an allegation and earlier on you dealt with it on the basis of a suspicion.”

Advocate Segeels-Ncube challenges Chief Mashaba that since he is in charge of the Heidelberg Weighbridge and was given details of the truck including license plate and driver, he had the opportunity and resources to stop, inspect, and verify the truck but missed this opportunity allegedly intentionally to allow the truck to pass out of his district.

“You are in charge of the Heidelberg Weighbridge ... You could have asked your members to stop that vehicle at the weighbridge... but you missed that opportunity intentionally so that it can go to Johannesburg which is out of your district. Why would you do that?”

Advocate Segeels-Ncube asks Chief Mashaba if he recalls what the drug and money laundering inquiry was about; he replies he does not recall.

“Do you recall what the drug and money laundering enquiry was about? I do not recall.”

There was communication about opening an enquiry related to drugs and money laundering, and the enquiry must not come to the 'big boss' empty-handed.

“Either they take it or leave it, enquiry will be there but you cannot go to big boss empty-handed. We need to open their mouths with something.”

Communications between Chief Mashaba and others show arrangements related to visits to the airport counter and requests for details on shift times, linked to investigation efforts.

“Get and send more details ... bring more, maybe surname and shift times so we can quickly visit.”

The Investigating Officer's PERSAL number is included as a system identifier connected to the case submissions at the lab.

“It is his PERSAL number... The Investigating Officer's PERSAL number.”

Investigating Officers would have to state if what they bring is a sample rather than the whole exhibit, but in practice this never happens.

“He would have to tell you that there is more . So, what he has brought to you is just a sample of exhibits . So, if he was bringing samples of 41 kgs of suspected Cocaine, he would say to you, this is just a sample ? But what you are saying is he would never do that because it never happens .”

The quantity seized was 541 bricks, each suspected to weigh approximately one kilogram.

“let us say it was 541 bricks, which each one is suspected or estimated to have been a kilogram each”

The enquiry number for the paint bust was confused with the enquiry number for the frozen chicken bust, leading to errors in recorded weights of seized goods.

“they confused the paint bust with the enquiry number for the frozen chicken... Commissioner Baloyi is correct, it is not 228 kg on 551. It should be 200. And yours is the 228 for the frozen chicken”

Commissioner Segeels-Ncube questions Warrant Officer Sander about the letter served to him regarding his transfer to Support Services.

“Can we go to that letter on page 75, Commissioners, of that same bundle, 475 of the Exhibit bundle...”

There are two polygraph examination reports related to certain events, one unsigned and the other finalized and signed by FSL, but it is unclear if the signed one was submitted to the DPCI, and investigations continue regarding discrepancies in reporting.

“this polygraph examination, it was then finalised ... but we do not know when it was submitted ... There is another report that is also relating to the polygraph which I want to refer to. It is an unsigned report ... one is signed by FSL ... We do not know whether it had been submitted to the DPCI ... we are still investigating the differences in the reporting”

Warrant Officer Sander's name does not appear on the list of members tested as deceptive in the polygraph reports, and he was not informed of the results of his polygraph due to an examiner error resulting in no opinion being recorded.

“your name does not appear there ... again, you were not informed of the results of the polygraph ... no opinion was recorded for the following members due to examiner error, and your name is the second name there”

The Mandrax bust in June 2021 and another bust occurred at the same CHC Depot.

“Your Mandrax bust and the June 2021 bust happens at the same depot”

There were two different detained goods manifests dated 23 January 2020, relating to different container numbers from two different vessels likely loaded through different ports.

“So there is one on 223 and another on 225 and it has different container numbers ... it is two different vessels ... used a different port to load some of their equipment ... suspects.”

The bone meal goods were detained because of other counterfeit goods from the same shipper on the container.

“here we are talking about the container and these goods were detained because of the other counterfeit goods from the same shipper.”

There is a protocol requiring submission of all exhibits except dagga and cat to FSL within seven days, to be done immediately except in exceptional circumstances.

“The protocol ... requires all the exhibits except for Dagga and Cat to be given to the FSL within seven days in exceptional circumstances. It must be done immediately. But in exceptional circumstances, seven days.”

Exhibits for a 2020 case are kept one day at Isipingo then transferred to Durban Central.

“It gets kept at Isipingo for one day, you then try to get it to FSL, thereafter it goes to ... was it Durban Central ? Correct”

Isipingo does not have a vault.

“Isipingo, it was not a vault”

Officers are required to follow up with FSL until space is available to take exhibits from Durban Central.

“during the time that it is now at Durban Central, are you required to make follow-ups with FSL until they do have space for you to take the exhibits ? That is correct ... and that does take place”

An attempt was made to get 47kg of Mandrax from Durban Central to FSL Pretoria.

“We are talking about 47 kilograms of Mandrax here. Did you make attempts to try and get it to FSL Pretoria ? I did”

Adv Segeels-Ncube pointed out it was not only when pressured for names that Lt-Gen Shibiri changed his account, but also due to arguments that it was implausible for the other faction to be that of General Sibiya's side.

“It was not just when you were pressed for names that you changed your version.”

Lt-Gen Shibiri felt he had no choice but to live with the reluctance and dangers of his work due to threats, indicating a culture of fear and caution.

“You do not want to do it, but this is how we live ... You are reluctant but you feel that you have no choice ... this is just how my life is now”

Advocate Segeels-Ncube alleges the witness made the call not to find out about the charge but to get information only available from Witness A, suggesting an attempt to lure out evidence.

“You made this call not to find out about the charge ... you are now trying to get information from Witness A that nobody else could get and you were luring him by telling him about your 2013 and 2016 experience”

Lt-Gen Shibiri expresses surprise that Advocate Segeels-Ncube equates reporting the arrest date with providing useful information to the family, noting the family was at court with lawyers and friends.

“it is very much surprising that you think that way ... the family was at court. The lawyers were there, the friends were there. So, what information will assist the family about knowing what is the charge?”

Advocate Segeels-Ncube clarifies that the information wanted was not for the family but for General Sibiya's side, specifically evidence against Mr Molefe leading to his arrest.

“The other side, General Sibiya's side, and the information that they wanted was the evidence against Mr Molefe. That is what they wanted. That is the reason for the arrest. It is not the charge. It is the reason for the arrest. You wanted to know what evidence they have.”

Lt-General Shibiri said he was concerned about refusing General Sibiya's request and worried about the response he had given General Sibiya regarding a report.

“According to Witness A, you had said that you were concerned about refusing General Sibiya's request and that it would, you were worried about the response that you had given General Sibiya in respect of a response.”

ADV SEGEELS-NCUBE alleged that the source told him it was a contract killing and that there is a hit order behind the scenes, but the identity of the source was not disclosed to anyone.

“you have just informed the investigators that your source told you that this is a contract killing, that there is a hit order behind the scene and, but you do not disclose the identity of the source to anyone”