Lieutenant General Lebeya

Minister Mchunu called a meeting with Advocate Johnson and Head of DPCI about a criminal allegation unrelated to PKTT, and Johnson informed the Minister he reports to the Minister of Justice and asked to be excused.

“Minister Mchunu called myself and the Head of the D P C I to a meeting and there was a matter that he wanted to raise. It had nothing to do with the PKTT. In that meeting, I informed the Minister that unfortunately I report to the Minister of Justice and that this matter, if it had to be dealt with, can it please be dealt with by General Lebeya and then I asked if I could be excused and they carried on with the matter.”

The meeting between Advocate Johnson and Minister Mchunu involved a criminal allegation, and Johnson left it to General Lebeya and the Minister of Justice to handle it.

“I told that I am unable to deal with it and IDAC resorts under the Minister of Justice and I left General Lebeya with the Minister to deal with the matter and to finish it up.”

Advocate Johnson recalls having one meeting with the Minister of Police and his Chief of Staff, where the Minister wanted to meet and greet and talked about IDAC, but cannot remember discussing the PKTT with the Minister.

“I recall having one meeting with the Minister and his Chief of Staff, and then there was that second meeting that I had with General Lebeya. The first meeting that I had, from my recollection, the Minister wanted to meet and greet and he talked to me about IDAC. I cannot remember talking to him about the PKTT.”

Advocate Johnson indicates he requested the National Director to advise the Minister of Police not to summon him to any meetings except the Minister of Justice.

“I did indicate to the National Director that she must kindly advise the Minister of Police that he is not allowed to summon me to any meetings. The only Minister who is allowed to summon me to a meeting would have to be the Minister of Justice.”

Advocate Johnson clarifies that a meeting wanted by someone to discuss a criminal matter was unrelated to IDAC and was about figuring out if the matter should go to IDAC or the DPCI; he declined to stay as it did not fall within IDAC's mandate.

“He wanted to, it was nothing to do with IDAC. It was not even a matter within IDAC and I think he was trying to figure out whether this matter, this referral, however he was going to do it, must go to IDAC or to the DPCI. And within probably 10 minutes of the way the matter was introduced, I was able to say, apologies, this does not fall within the mandate of IDAC and that, Lebeya, if you do not mind, you stay and I am going to leave and I had left.”

The sharing of the whistleblower’s statement between DPCI, NPA and Advocate Johnson was done legitimately, at the request of General Lebeya to assist with the investigation.

“I do not, we do not have an issue because we requested, the reason we gave that copy of the statement to General Lebeya is to request a prosecutor from the NPA to assist us, to guide us in the investigation and also to get our Section 205 authorised because otherwise we could not get anything done.”

Captain McLean was not personally involved and did not attend the meeting between Advocate Johnson and Colonel Roelofse with General Lebeya.

“I was not personally involved , I did not attend the meeting with Colonel Roelofse with General Lebeya , our Commissioners .”

General Lebeya could not remember the incident related to the meeting and requested Captain McLean to get his diary from his old office, which showed there was a meeting on 2 September 2022 with the NDPP but did not specify the meeting's purpose.

“At that stage , General Lebeya could not remember and he requested me to get his diary from his office , his old office , which I did . I saw that there was indeed a meeting on the 2nd of September 2022 with the NDPP , although there is no reference to what the meeting was all about .”

General Lebeya met Advocate Batohi on 2 September 2022 and gave her a copy of the Colonel's statement to see and read for herself the implications of Advocate Johnson's actions; the purpose was not to share it with a person of interest.

“I think it is likely that General Lebeya met Advocate Batohi on that day and gave a copy of the Colonel 's statement , which is what we expected him to do . The purpose of giving the statement to a copy to Advocate Batohi , the sole purpose of that is so that Advocate Batohi can be in a position to see for herself and read for herself the statement and the implications of what Advocate Johnson did . It was not given to her with the purpose of sharing it with a person of interest , definitely not , Commissioners .”

The witness decided to approach National Head of the DPCI, Lieutenant General Lebeya, for assistance due to the circumstances he found himself in and informed him of the allegations contained in the Colonel's statement, requesting a senior prosecutor be assigned.

“I decided to approach the National Head of the DPCI, Lieutenant General Lebeya, for assistance, because of the circumstances that I found myself in. I met General Lebeya in the last week of August 022, but I do not recall the exact date. I informed him of the allegations contained in the Colonel 's statement and furnished him with a copy of the Colonel 's statement. I told General Lebeya that we needed the NPA to assign a senior prosecutor to the matter. I expected General Lebeya to request the NPA head, at the time, Advocate Shamila Batohi, for a senior prosecutor to be assigned to the case.”

After Colonel Roelofse retired, Captain McLean was unable to secure a suitable prosecutor for the case because they had to wait for Advocate Batohi to vacate her post before approaching the NPA for a prosecutor due to past events in 2022 involving Colonel Roelofse and Advocate Johnson's conduct.

“After Colonel Roelofse retired I was unable to secure a suitable prosecutor for the case to progress insofar as Advocate Johnson is concerned. ... Commissioner, I had to wait for Advocate Batohi to vacate her post before I could approach the NPA again for a prosecutor. Because of what happened to us in 2022 when Colonel Roelofse approached Advocate, agh General Lebeya to approach Advocate Batohi and subsequent to that, Colonel or Advocate Johnson, then spoke to our witnesses.”

General Lebeya gave the Colonel's affidavit to Advocate Batohi, who then shared it with Advocate Johnson, replicating a pattern of sharing sensitive information seen before in respect of Brigadier Petley's criminal complaint against General Khan.

“General Lebeya gave the Colonel's affidavit to Advocate Batohi, which I did not take issue with...Advocate Batohi, by sharing the Colonel's statement with Advocate Johnson, did the same thing Advocate Johnson had done by sharing Brigadier Petley's criminal complaint against General Khan with him.”

Advocate Batohi never responded to appoint a prosecutor despite engagements by Colonel Roelofse with Advocate Batohi and General Lebeya.

“w e n e v e r g o t a n y r e s p o n s e f r o m h e r o f f i c e ... h e a l r e a d y a p p r o a c h e d A d v o c a t e B a t o h i , I d i d n o t s e e w h y a d i f f e r e n t r e s p o n s e f r o m A d v o c a t e B a t o h i t o t h e o n e i t w a s g i v e n t o G e n e r a l L e b e y a , n o r e s p o n s e , n o p r o s e c u t o r”

Captain McLean states that if Advocate Batohi wanted to appoint a prosecutor, she would have communicated this clearly rather than discussing the matter with a person of interest.

“If Advocate Batohi wanted to give us a prosecutor, why would you then discuss the matter with a person of interest, instead of just saying to General Lebeya, I am going to give you this prosecutor ...”

Captain McLean confirms he never requested a meeting or follow up from Advocate Batohi after the docket was given to General Lebeya.

“we just never heard anything from Advocate or General Lebeya or Advocate Batohi ... we never got any response from her office ... I never asked for a meeting or follow up”

No feedback or response was received from Advocate Batohi or General Lebeya regarding the appointment of a prosecutor despite ongoing requests and interactions.

“we never heard back from Advocate Batohi or General Lebeya ... we never got any response from her office ... no prosecutor”

There was no meeting between General Lebeya and Advocate Batohi regarding the appointment of a prosecutor, though General Lebeya requested such from Advocate Batohi according to Captain McLean.

“When I had a discussion with General Lebeya, he said that is exactly what he did. What we requested, he requested from Advocate Batohi ... but he also does not recall having the meeting”

General Lebeya gave Colonel ROELOFSE's affidavit to Advocate Batohi, who then showed or gave the statement to Advocate Johnson.

“General Lebeya met Advocate Batohi and gave her the Colonel 's affidavit . And thereafter , Advocate Batohi either showed or gave the Colonel 's statement to Advocate Johnson”

O'Sullivan did not receive any follow-up from General Sitole or General Lebeya regarding his complaints, implying that no investigation was conducted.

“I did not hear from them again . So I am assuming they did not look into it .”

General Lebeya unlawfully agreed with General Masemola to move Major General Mokotedi from DPCI to SAPS instead of dismissing him, effectively moving the problem rather than solving it.

“Instead of dismissing him, General Lebeya unlawfully agreed with General Masemola that he could simply be moved from DPCI to SAPS. So, that is moving the problem instead of removing the problem.”

Senior members of the police including General Sithole (former National Commissioner), General Mkhwanazi, former Minister General Cele, and former National Head General Lebeya are connected to the case involving the theft of 541 kg of drugs.

“I see there is General Sithole, the former National Commissioner. I see there is General Mkhwanazi. I see the former Minister General Cele. I see the former National Head General Lebeya... those are Mandrax... the place is the place where the drugs were stolen, this 541 kg.”

The disciplinary report by General Mosikili in 2021 recommended disciplinary proceedings but the speaker cannot discuss the report and was not aware of it at the time.

“General Mosikili's report and recommendations ... report to General Lebeya ... I cannot talk to that report ... I had never seen this report until provided by the Commission”

There was a handwritten note in the report showing repeated 'approved, not approved' indications for paragraph 6 of the disciplinary recommendations.

“I did read it ... Beneath where General Lebeya wrote, it is written approved, not approved. Approved, not approved ... 6.1, 6.2, 6.3, 6.4”

General Lebeya directed General Mosikili to have further engagements on the disciplinary recommendations in the report.

“General Lebeya directed to General Mosikili that further engagements be had between the two of them. I confirm that is in the report”

General Lebeya never contacted or engaged the speaker regarding disciplinary issues arising from the break-in investigation.

“General Lebeya never spoke to me with regard to that ... Never communicated with you at all?”

A complaint regarding Warrant Officer Sander was received and needed investigation; General Lebeya sent the complaint to General Senona instructing him to investigate and report back by 23 February 2024. General Senona assigned Lieutenant Colonel Mjlalito for investigation.

“The complaint was sent to General Lebeya, who sent the email to General Senona with the instruction to reach out to the complainant, investigate the matter and report back on the progress by the 23rd of February 2024. I am aware that General Senona assigned the complaint to Lieutenant Colonel Mjlalito investigate. I will receive progress reports, consider same and submit to General Senona.”

An email from General Lebeya to General Senona dated 5 February 2024 raised concerns of corruption within the police related to Warrant Officer Karl Sanders, alleging his connection to the criminal underworld and cocaine dealing.

“The email ... from General Lebeya ... to General Senona ... subject forward corruption within the police ... allegations against Warrant Officer Karl Sanders ... he is highly connected with the criminal underworld during dealing in Cocaine”

General Lebeya requested General Senona to provide feedback on the corruption complaint by 23 February 2024.

“Your office is kindly requested to further engage the complainant. Kindly provide feedback by the 23rd of February 2024, respectfully.”

General Senona sent a progress report to General Lebeya on 29 February 2024 apologizing for delay and forwarding the complainant's details.

“General Senona responds ... 'Please find the attached progress for your attention. This office apologises for the delay.'”

Witness I called Lieutenant General Lebeya to report the scene situation, but feedback promised by Lebeya was never given.

“I immediately called the Office of the National Head, Lieutenant General Lebeya, for me to come and have a meeting with him on what transpired ... Lieutenant General Lebeya promised to look on the matter and give me feedback, which was never done”

Brigadier Mokoena tried to extort Mr Vusi Matlala using Witness I and Captain Zungu, refusing Witness I's request to meet the source relating to a high-profile John Wick scene.

“After the John Wick scene, Brigadier Mokoena claimed the scene was a hit. He asked me and Captain Zungu to call Cata and we met at Corbin Golf Shooting Range. Brigadier Mokoena said he heard a source or a complainant from General Lebeya's office which had evidence to the fact that the John Wick scene was a hit and Brigadier Mokoena wanted to consult Mr Matlala to see how he can fix this. By fixing it meant that Mr Matlala paid something so Brigadier Mokoena can give to the source in order to keep the source quiet.”

Brigadier Mokoena refused Witness I's request to meet the source involved in the John Wick scene and claimed the case was top secret between him, National Head General Lebeya and the source; Witness I and Captain Zungu were being used in an extortion attempt against Mr Matlala.

“At the meeting, I asked Brigadier Mokoena if we could have a meeting with the source and get more details and facts. Brigadier Mokoena refused the request. He said I cannot consult with the source as it is a high-profile matter of top secret dealt with between him, National Head General Lebeya and source. I noted that this is a non-existent as by then Brigadier Mokoena did not have top secret clearance and observed me and Zungu are just being used in an attempt to extort money from Mr Matlala.”

General Lebeya inquired about the basis for arresting 17 suspects and seizing 32 firearms, and was informed about the firearms registry process and assessment needed.

“General Lebeya wanted to know the basis upon which TOMS arrested the 17 suspect and seized 32 firearms ... General Lebeya informed me that the firearms registry works 24 hours and I can contact them and check the 32 firearms seized if they are registered”

The witness objected to General Lebeya's suggestion that the seized firearms be handed back before ballistic assessments due to the suspects allegedly firing shots at innocent members of the public two days prior.

“I objected to the suggestion of General Lebeya explaining that arrest is not only on legitimacy of firearms but on fact that the suspects allegedly fired shots at innocent members of the public on the mine plant two days back”

General Lebeya acknowledged the witness's explanation and agreed not to interfere with their work, instructing to proceed as planned with the TOMS team.

“General Lebeya acknowledged my explanation and said that he will not interfere with my work and that I should do as planned with my TOMS team”

IPID sent formal communications to DPCI including emails and requests for meetings, but these were not adequately accommodated by DPCI.

“On the 28th an email was sent to General Kadwa, seeking his intervention, and a meeting was arranged between IPID and DPCI for the 5th of November 2011... the meeting was cancelled due to unavailability of General Kadwa and Legal Services, however, there was no other date provided... IPID also sought intervention from General Lebeya and requested assistance there... General Lebeya did not assist with the request... IPID must investigate without copies of the docket.”

Lieutenant Colonel Sebola has no knowledge of reasons why DPCI leadership refused IPID's requests.

“I cannot respond to General Kadwa for not adhering to the request and also for General Lebeya, for not, but I think the direction to General Lebeya was for IPID to investigate... So I cannot comment on …”

Lieutenant Colonel Sebola only received one call from General Lebeya related to signing a letter of misconduct; no other communication about IPID was received from these generals.

“The only time I got a call from General Lebeya was when I was in Limpopo to sign the letter for misconduct, nothing else.”

There was a failure in escalating a docket request to the Executive Director and General Lebeya at IPID, which hindered further inquiry into the docket.

“the NHl was supposed to have escalated the matter to the Executive Director, of which I do not think the matter was ever escalated.”

The matter was escalated to General Lebeya but no positive feedback was received from him.

“I t w a s e s c a l a t e d t o20 G e n e r a l L e b e y a . Y e s , b u t w e d i d n o t g e t a n y p o s i t i v e f e e d b a c k .”

General Lebeya did not assist IPID with the request, indicating IPID must investigate without copies of the document.

“General L e b e y a d i d n o t a s s i s t I P I D w i t h t h e r e q u e s t , i n s t e a d h e i n d i c a t e d t h a t I P I D m u s t i n v e s t i g a t e w i t h o u t t h e c o p i e s o f t h a t d o c u m e n t .”

A letter in November from the Director to General Lebeya was a formal request for the docket to be used for the purposes of this inquiry.

“you write to General Lebeya and it is a formal letter from your Director saying... please intervene, we are looking for this docket for the purposes of this inquiry”

General Lebeya did not assist IPID with a request for a copy of docket Booysen's CAS 8/07/2021, instead indicating IPID must investigate without the docket copies.

“General Lebeya did not assist IPID with the request. Instead, he indicated that IPID must investigate without the copies of that docket.”

The letter to General Lebeya requesting intervention was not sufficiently instructive or explicit about consequences and deadlines, reducing its legal effectiveness.

“My concern is that this letter, it does not come out as instructive as it could, given the powers that you have read ... I would have expected at the very least to say what kind of intervention exactly you are requesting ... I would have found this letter to be having more bite if at least it gave deadlines as to when at least General Lebeya ought to have responded to this...”

General Lebeya did not assist IPID with the request and indicated that IPID must investigate without the copies of that docket.

“General Lebeya did not assist I P I D with the request . Instead , he indicated that I P I D must investigate without the copies of that docket”

Assistant Director Maphosho recalls that in a meeting with the NHl as a team, the message was conveyed that General Lebeya said they must investigate without the copies of the docket.

“I remember we had the meeting with the N H I as a team , as the N C team , and the message was conveyed to me that General Lebeya said we must investigate without the copies of the docket”

There is no clear escalation mechanism within the SAPS or DPCI to address ongoing security concerns about the storage of seized drugs at different command levels and beyond.

“You still do not have security, and they are sitting there and you are raising the matter of security continuously... I would like to have more people watching this... Is there no mechanism where you can escalate it directly or copy, say, General Senona, but ultimately then General Lebeya? There is no such mechanism?”

Lt-Col Prinsloo said even after the October break-in and raising the alarm with Nyuswa and General Senona, he could not reach out to General Lebeya because it would have been going outside the prescribed line of reporting and got him into trouble.

“Even after the October break-in, having raised the alarm with Nyuswa again, and, say, Senona, you are saying you could never reach out, you were not allowed, precluded rather, reaching out to General Lebeya at that point because you are going outside of the prescripts.”

General Lebeya does not approve the four recommendations discussed in paragraph 6 of the manuscript dated 28 January 2022.

“General Lebeya, because he does not approve the recommendations, he says, discuss paragraph 6?”

The then DPCI head, Lt-Gen Lebeya, decided to establish a team to investigate the Port Shepstone matter, placing Maj-Gen Khanaw in charge until his retirement in August 2024, after which Maj-Gen Flynn took over on 1 September 2024.

“Shortly thereafter, the decision was taken by the then DPCI head, Lt-Gen Lebeya, to establish a team to investigate the matter. And then the responsibility to oversee that investigation or the investigation by then was placed on Maj-Gen Khanaw, who was overseeing it from then until he went on retirement by the end of August 2024, and I took up office on the 1st of September 2024.”

An information note was prepared by Deputy National Head of the DPCI, Lieutenant General Mosikili, to the National Head of the DPCI, Lieutenant General Lebeya, appraising the latter on the feedback related to the burglary, housebreaking, and theft of 41 kilograms of cocaine from the Port Shepstone Serious Organized Crime Investigation Unit.

“this document is an information note that was prepared and submitted by the then Deputy National Head of the DPCI, Lieutenant General Mosikili, to the National Head of the DPCI, Lieutenant General Lebeya”