Ndlela

At the crime scene, higher ranking officers unrelated to the incident interfered by arresting Warrant Officer Phakula and colleagues, diverting attention from the real perpetrators and tampering with exhibits believed stolen.

“... higher ranking police officer unrelated to the incident ... played a huge role in arresting us, releasing the suspects ... and further tampered with exhibits which we believe were stolen ... The only way for them to take control ... was to arrest us . In that way, they could divert their attention to the arrested police officers and let the real perpetrators free.”

General Shibiri warned investigators that suspects were planning to bring a bag full of money to bribe them to be freed and if they do not take the bribe, a hit is coming for them.

“General Shibiri informed us that he got the information that the suspects are planning to bring a bag full of money for us so that they can be freed failing which a hit is coming for us.”

The signed statement of Sergeant Ndlela dated 8 July 2025 was disclosed only after the handwritten version was disclosed, which is seen as convenient and possibly influenced.

“this is the signed statement of Sergeant Ndlela , which is dated the 8th of July 2025 , which is the statement that you say the Commission , it is very convenient that we only disclose this version of the affidavit after you disclose the handwritten version on the 10th July statement”

The statement of Sergeant Ndlela was prepared by members who are investigating but are not friendly with Lt-Gen Shibiri and brought to him to sign, indicating it must be similar to that of Witness A.

“It was made by those who are investigating and then brought it to him to sign and indicated it must be similar to that one of Witness A”

Lt-Gen Shibiri says he expressly cautioned officers not to accept the bribe, although none of the officers say he did so.

“you said that you expressly cautioned them not to accept the bribe ... Very much sure ... in these sense that I even indicated , even if you were to take the bribe ...”

Neither Sergeant Ndlela nor other police officers say that Lt-Gen Shibiri expressly cautioned them not to take the bribe.

“none of them say that you cautioned them not to take the bribe ... Even Sergeant Ndlela , who you hang your hat on , he does not say that either”

Lt-Gen Shibiri explained that he informed Colonel Ndlela to request a threat analysis and plan protection for those involved, to clarify the situation following confusion about the bribe discussion.

“I already told Colonel Ndlela to request for the threat analysis. And then enquiry will be opened to do the investigating on the threat. And then they will get protection. So, that is what I explained to them there.”

Lt-Gen Shibiri clarifies that Sergeant Ndlela's statement does not expressly dispute the version advanced by Witness A regarding bribery, but notes that the statement does not contain an allegation that investigators should accept bribery or any form of gratification.

“My statements should not be understood to suggest that Sergeant Ndlela expressly disputed the version advanced by Witness A. What I intended to convey was that Sergeant Ndlela's statement does not contain an allegation that prompted or suggested or insinuated that the investigators should accept bribery or any form of gratification.”

An affidavit attributed to Sergeant Ndlela dated 8 July 2025 was submitted late to the Commission and raises questions about its timing and why it was not produced earlier.

“I have now noted that an affidavit attributed to Sergeant Ndlela dated 8 July 2025 which did not form part of the original statement disclosed when the investigators' affidavits were first presented to the Commission has recently been submitted before the Commission and appears to have signed one day after the affidavit of Sergeant Ndlela he had previously provided to me. The timing of the appearance of this affidavit raises questions as to why a statement was signed on the 8th and was not placed before the Commission earlier together with other statements obtained from members involved in the investigation.”

Sergeant Ndlela provided Lt-Gen Shibiri with an unsigned prepared statement which had been given to him prior to any oath being administered, suggesting possible pre-prepared testimonies.

“Sergeant Ndlela had personally handed to me an unsigned document which he explained had been given to him as a prepared statement for signature. That document already contained timed statement in an affidavit form and eventually been prepared in advance.”

The Commission is being informed about the existence of a prepared unsigned affidavit and a subsequently signed affidavit by Sergeant Ndlela, raising questions about the independence and reliability of the statement.

“The existence of the prepared unsigned affidavit together with the later appearance of signed affidavit containing materially similar contents raises a question as to whether statements ultimately placed before the Commission may have been prepared in advance and subsequently executed by the deponent. I place these facts before the Commission so that it may consider whether the circumstances surrounding the preparation and execution of the affidavit may have any bearing on the independence and reliability of the statement.”

An affidavit by Sergeant Ndlela was sworn before a Commissioner of Oaths at Diepkloof on 8 July 2025, but there is a discrepancy as to the official address of the Commissioner raising doubts about the proper administration of the oath.

“The juried records that the statement was sworn before Commissioner of Oaths at Diepkloof on the 8th of July, 2025 at 6h00. However, details appearing beneath the signature of oath reflect that the official's business address record as Headquarters 284 Pretoria Street, Pretoria, AAT. It therefore appears to indicate that it was sworn at Diepkloof while the Commissioner of Oaths details appeared to be documented at SAPS Headquarters in Pretoria. I do not know under what circumstances the affidavit was commissioned or whether the Commissioner of Oaths was physically present at the location stated in the...”