police

Advocate Johnson denied that alarm bells were going off in his mind about PKTT issues at the time because it was a police matter and IDAC was not working with PKTT.

“No, Chair, the alarm bells not going on ... This had been a, it was a police matter at the time that it was being canvassed. We were not working with the PKTT at the time.”

There was a lot of disagreement between police, police ministry and Provincial Head for KZN about PKTT, but it did not raise alarm bells for IDAC at the time.

“There was a lot of discussions, Chair, some unpleasant, and there was a lot of toing and froing between the police and the police ministry and the Provincial Head for KZN. That was alive and clear, but it did not raise alarm bells for IDAC at the time.”

Claims that section 27 complaints are inadequate and that the investigation was based on such complaints, which implied criminal allegations against police and disappearances of dockets, were accepted at face value without questioning by the investigating party.

“We based it, we based our actions on what was on the section 27, and on the 27, there are allegations being made against the police in terms of criminal allegations, as well as allegations that the dockets would disappear, as they did in Cape Town, and it is on that basis that I make that call, Commissioner Baloyi. So you unquestioningly just accepted his say so. He says to you in the affidavit, my dockets have disappeared, they have been intercepted, and you go into investigation mode. You do not question why would he say that. Let me verify that indeed nothing is being done about them. You say, it is on the basis of what he says. So whatever he says, you just acted on that, because that is what it is.”

ADV JOHNSON was not aware of a complaint laid with the Minister at the time it was made or its referral to the police.

“You are not aware that this complaint was also being laid with the Minister at the time, Minister Mchunu, and in turn he was referring to the police. No, not at all.”

Advocate Johnson describes the emotional difficulty and human impact of engaging with a victim child of the Murray murders who complained about police inaction, which influenced his decision to reduce contact with General Khan.

“Here I get to engage a victim who has lost his father and his brother in a very violent way. It is very difficult, Commissioners, when you are sitting with a child who is now parentless and brotherless. He is raw of emotions sitting in front of you. But it is not just the emotion. It is the complaint about the police not doing their work.”

The Ad Hoc Committee relied on investigative material compiled by the police and documents from witnesses' statements and whistleblowers to conduct its work.

“the committee relied upon the investigative material compiled by the police, as well as a document compiled by the witnesses' statements submitted by Evidence Leader and whistleblowers.”

Mrs. Hongwe expressed concern over political influence and corruption in the justice system affecting credibility, and that politicians, police, and the public need to change the culture to improve South Africa.

“politicians have now a bad reputation because of such things. So I am one of those people who are trying to resuscitate our name and our credibility... when you go out, it is a standard norm that when somebody is arrested, they will tell you ... we will speak to the police, give them something...no, if you are going to court, do not worry, bring something, we will speak to the prosecutor or I know the judge...so it is those things that are standard in our cities and in our communities that this is a character, that politicians are like this, police are like this, and we need to change that so that we have a better South Africa.”

Mr O'Sullivan joined the police in 1990 and served for 36 years, voluntarily giving between 60 to 80 hours a month beyond the required 8 hours.

“I joined the police back in 1990 , which is now 36 years ago . I gave of my time freely on a regular basis . Most reservist police officials would put in between 10 eight and 15 or eight and 20 hours a month . You are required to do eight . I regularly did 60 to 80 hours a month”

General Mkhwanazi has known about the links between organised crime and the police for many years; it is not a new phenomenon.

“General Mkhwanazi has known about the links between Organised Crime and the police for many years . It is not something he suddenly became aware of last year”

There is a problematic culture in the police where officers who step out of line either get moved to another department or receive a golden handshake, rather than disciplinary action.

“if you step out of line , you either get moved to another department within the police ... or you get a golden handshake and you are released from the police .”

Police officers started helping Krejčer smuggle cigarettes from Zimbabwe to South Africa and he later used them for drug trafficking, but there is no substantiation for the drug trafficking allegation.

“these guys from the police started helping Krejčer smuggle cigarettes from Zimbabwe to South Africa. Thereafter, Krejčer used them for drug trafficking too, but there is no substantiation for that allegation”

Mr O'Sullivan claims the police kept the Murphy judgment hidden for years and did not admit who gave the unlawful instruction until 8 years later.

“at this stage, nobody would admit who it was that gave him the instruction. That only came 8 years later”

Generals in the police are being exposed for criminality.

“we are seeing Generals in the police being exposed for criminality”

Mr. Nku traveled to Durban to verify information relating to a container and then passed the information to the police, with no immediate benefit to his company except potential future benefits.

“The only benefit to you was that the information will be verified and you will pass it on to the police”

General Senona was served with a disciplinary notice two days after his last appearance at the Commission, stating he was suspended because of what he said at the Madlanga Commission.

“On the 31st of January, two days after the last appearance of the General here, he was served with a disciplinary notice by the police and it said in so many words, you are being suspended because of what you said at the Madlanga Commission.”

The suspension of General Senona lapsed because nothing happened within 60 days.

“By the way, that suspension lapsed because in 60 days' time nothing had happened.”

There is a culture in the police to comply with instructions first and complain later if unhappy about the decision.

“Because, I must say, we comply with instructions, and if you are not happy with it, you comply and complain. That is the culture of the police.”

Adv Mpofu states there are two units, one within HR and another in the police, monitoring the Commission proceedings ready to pounce with disciplinary actions, like in January, causing the witness discomfort.

“Our view is that there are two units. There is one sitting somewhere at HR, one sitting at the police, that is watching these proceedings, ready to pounce, as they did in January, with all sorts of trumped up and spurious charges.”

Warrant Officer Mpangase resigned from the police during the process of determining who must undergo the polygraph tests and was still examined despite no longer being a member.

“Warrant Officer Mpangase resigned from the police ... during the process ... he has already resigned ... He was no more a member ... He does undergo the polygraph test, he does.”

Chief Mashaba states he always refers matters outside his jurisdiction or area of responsibility to the police and does not act outside his powers in drug busts or seizures.

“If something is out of my scope or my area of responsibility, I will refer it to the relevant people . That is the police .”

Chief Mashaba once received and acted upon information from Mr Nku regarding fake diesel in Vereeniging, involving the police.

“he once gave me the information of diesel, this fake diesel in Vereeniging and we did it with the police”

The area was not treated as a crime scene and no police arrived upon the request of Mashaba and his crew.

“the area was never treated as a crime scene , and while I was there , no police arrived on request of Mashaba and his crew”

IPID investigates police conduct after incidents like shootings during a bank robbery, not the criminal acts themselves.

“IPID investigate that case , because we are checking the conduct of the police ... we are not checking what the criminals were doing in robbing the bank .”

The police officers attending the crime scene interviewed Magane and Mashaba and reported back indicating that it was a legitimate operation and they were assisting before Phakula arrived.

“They attended to the crime scene, they interviewed Magane and Mashaba, and ... they also gave their 08, like their report back to 10111, indicating that it is a legit operation, the police are working, and they were assisting Mashaba and Magane before even Phakula arrived at the crime scene.”

Police arrested people without knowing the real owner of the drugs, indicating they might have known more than they disclosed and therefore focused on punishing the first four arrested individuals.

“the police were supposed to have opened an enquiry because nobody knew who was the owner of the said drugs ... but for them to arrest people without having information ... they knew who ... so they must punish this first four with arrest”

The diary record did not show any decision or instruction to detain the container and no receipt of such police instructions was recorded.

“it is not recorded in the diary that there was such a decision ... we do not have a detention notice, we do not have an entry in the diary that indicates or that records that the police gave that kind of instruction”

Advocate Baloyi challenged Colonel Jacob's assertion that resealing the container after unpacking was of no consequence to police procedure, stating that sealing is critical for verifying custody and police must document and seal containers after interventions.

“But what do you mean you have no interest, whether you seal it or not is irrelevant? ... you take pictures of everything that you do ... that is why you have a record of what was done when we locked it up, and here is the seal number ... That is why you take pictures ...”

It does not make sense that a police officer would go back to count the bags after confirming the packing list, and this suggests to some that the return was not for a real investigation but for appearances, potentially knowing the drugs were destined to be stolen and going through motions to fake investigation.

“The container was then officially released ... all you went to do or what you did on the scene was to count the bags ... it does not make sense that a police officer would go back just to go and count how many bags there are ... your release ... does not make sense at all ... the drugs were always destined to be stolen ... you were just going through the motions ... so that you can show up a diary and say, see, we were doing an investigation ... we were serious about this.”

In any police investigation, the C-clip is the investigation diary where the investigating officer records every incident, tasking, and duty related to the investigation.

“this is your C-clip. It is your investigation diary. It is where the investigating officer will diarise every little incident, tasking, every duty he has conducted, every investigation he is conducted in respect of this investigation”

A 24-hour inspection must be done as a formality in police investigations and guides the investigating officer on what to do; failure to hand over for 24-hour inspection by another officer is considered an administrative fault.

“it is a formality in the police. A 24-hour inspection must be done... It is something that is frowned upon. It is one of the boxes that you need to tick, a 24-hour inspection, guiding the member on what to do.”

There was no obligation on the police to include or call Customs officials in drug operations, and Customs was not present at the scene.

“There is no obligation on the police to include Customs on any operation, or more especially, not more especially, on a drug operation... Customs was not there, Commissioner.”

Sources give information to the police through a process including source claims that are documented and rewarded upon recovery and conviction, but may lose interest as their role is intelligence.

“A source gave certain information to the police, so a source claim would then be submitted through their processes. The source claim would have to come to me, because I would have to put a copy of this docket with it to show how the source gave the information or validated that source information. So they would then have an understanding of what I have done with the exhibits because the source gets rewarded on a recovery. The source gets rewarded on a recovery and then a conviction. So at a certain point, they might lose interest in the docket because their intention is intelligence.”

Police generally do not get refused access by depots for container inspection, as quicker inspections lead to releasing commodities and fewer complaints from buyers.

“Normally, I have never come to a depot that will refuse when the police want to do inspection because the quicker inspection is done and the commodity is released, it is good for them. Otherwise, their buying clients, start complaining. So, we have never come across where the depot will refuse.”

The procedural process involves a profiler sending an official detention form and request to the shipping line to move the container to a licensed inspection depot, which the shipping line controls and must comply with police requests to stop containers for inspection.

“Procedurally briefing the Brigadier, those containers falls under where a profiler has sent an email on official detention form and requested the shipping line have the container moved to a licenced inspection depot. The depot is determined by shipping lines, and they have their own depot that are conducted. All shipping lines must comply with the request of the police...”

The police use various sized plastic bags with unique alphanumeric identifiers for exhibit packaging when handling seized narcotics.

“They come from a tiny little bag like this, which we call a bullet bag... we call them computer bags, bed bags... they come in numerous sizes which the state has made for them. Each bag is unique in its alphanumeric substance...”

The police may detain any container for random inspection based on profiling or intelligence.

“The policemay detain any container for random inspection in terms of the customs, based on profiling or intelligence.”

If a commodity is found to be false declaration or under declaration by customs, customs takes over; if it involves criminal cases like illicit cigarettes, drugs, counterfeit goods, police take control and DPCI must be informed for investigations.

“It is also determined that the commodity was – if it is determined that the commodity was false declaration or under declaration , then customs will take over and do the necessary. Whether there is a criminal case , for example, illicit cigarettes , drugs , counterfeit goods or precursor chemicals , the police will usually take control of the commodities. Whenever there is information of drugs , DPCI must be informed in order to take over the crime scene for investigation.”

Some containers may have passed customs and left the port; ORS does not control such containers but police can request detention and inspection anywhere.

“Some containers may have already been released by customs and may have already left the port. In this instance, ORS does not have control over those containers. However, the police can still request a detention wherever it may be and conduct an inspection of the container.”

All depots must comply with instructions to hold or detain container until police inspection is done, after which if container is legitimate it can be released.

“All depots must comply with the instruction to hold or detain the container until the police have inspected the container. And if they are satisfied that the container is legitimate, then it may be released on instruction.”

Police do not have the necessary machines or trucks to move containers at crime scenes, relying on the warehouse to move containers and provide empty containers if needed.

“The police do not have the machines to move them , the trucks , nothing .”

Police who are not part of the crime scene management team can contaminate the crime scene by interfering or being present.

“The people that bother you on the scene are policemen that should not be on the scene . That is who contaminates your scene .”

Police and media personnel coming onto the crime scene cause contamination and disruption to the scene management.

“It is the police that want to come in and see and the media that comes with them , and they want to take a video and look and touch . That is what contaminates your crime scene .”

To intercept drugs undetected, the drugs would have to be taken before entering CHC, possibly when offloading the vessel, during container stacking at Piers, en route to packing areas or on the road; suspects could include stevedores, transporters, Customs, and police.

“They would have taken it before it got into CHC. ... So it could have been when it came off the vessel and put into the container stack alongside Pier 1, Pier 2 or New Pier. It could have been en route from New Pier to the packing area and it could have been on the road. So again, stevedores, transporter, Customs, police.”

Police have access to the depot and can lawfully seize drugs under various legislative Acts including the Criminal Procedure Act, Drugs and Drug Trafficking Act, Medicines Control Act, and Customs and Exiles Act.

“The police is allowed to be there. It is part of our duties. If I have got information of the drugs being there, there is elements in the Criminal Procedure Act, the Drugs and Drug Trafficking Act, the Medicines Control Act. They allow certain elements there. We can also rely on the Customs and Exiles Act because we can enforce that. So if you are asking how would a policeman go in there and take it and drive out, you could.”

Mr Mogotsi's phone, which contained contact information for 'John', was taken by the police and he can no longer provide any identifying information about John.

“It was taken by the police ... So you do not have your phone anymore so you cannot tell me who John is”

Adv. Mohomane objects to repeatedly asking Mr Mogotsi about John’s identity as the phone is unavailable and the issue has been addressed multiple times.

“the question that the Evidence Leader is putting to Mr Mogotsi... has been asked on numerous occasions, and his response thereto is that the phone is not available, it was taken by the police... That is the basis of my objection”

Mr Mogotsi claims there is an informant who pretended to have passed on money, was given 50,000, and then was killed three days later after meeting police who were to accompany the handler.

“I spoke of an informant who was in the operation and pretended to have passed on and money was claimed, he was given 50,000. I gave the name of the police who wanted to accompany the handler to meet the informant. After meeting, three days later, the informant was killed.”

The truck at Aeroton suspected to be hijacked was actually being escorted by police and was not hijacked; drugs were found inside the truck and the driver will be arrested; only one suspect was identified.

“at that complaint, Aeroton truck hijacking, the truck was not hijacked. The truck was being escorted by the police. They suspected that there was something wrong under the truck and the truck was open and found drugs inside. The driver will be arrested. There is only one suspect.”

The report by Sergeant Ndou at 11:23:22 AM stated the truck was being escorted by police and it was not a hijacking, which differs from the original report of a truck hijacking.

“That report back that you were discussing now, you see where I am? That report back that you were discussing now is it is not a truck hijacking .”

Lt-Col Sebola suspected Tumelo Nku instructed other police officers to misbehave at the scene and was monitoring the execution of these instructions.

“He is working with them . He is admitting that he is their informer , he is with them , he is monitoring . Then there was no way for me to say , let me deal with these three and leave this one . Because I wanted to see , these people , these police are misbehaving , are defeating in the presence . To my belief , they wanted to accomplish what he wanted them to do .”

There have been serious allegations of police interference in the investigation of this drug operation.

“there have been serious allegations of police interference in the investigation of this crime”

Corrupt officials within customs, police, SARS or similar agencies remove drug consignments from containers at bond yards through the rip-on-rip-off method and then redistribute the drugs to syndicates for further distribution.

“In the case of the illicit side and the criminal element within the law enforcement environment , they would remove at the bond yard , they would remove by ripping off this drug consignment , they would remove it and they would seal it again to say that we found nothing and they then would distribute it to the drug syndicates for further distribution .”

At the end of July, the risk manager of Scania informed that a container with a lot of police interest arrived at the harbour.

“I got a call from, at that time, the risk manager of Scania and he indicated to me that there was a container that came into the harbour... at that depot, this risk manager indicated to me that there was a lot of police interest in this specific container.”

Bravo Sierra 2 had a conversation with Mr Mashaba and others and was told they were following the truck which was not a hijacking; eventually it was said at 11:23 that the police had escorted the truck themselves (Mr Mashaba and colleagues). Drugs were found in the truck, and the suspect was likely the truck driver.

“Then Bravo Sierra 2 responded and seemingly they then had a conversation with Mr Mashaba and company and they received the explanation of why are they following the truck and it is not a truck hijacking ... at 11:23 it was said that they have indeed escorted the truck and the police, by the police, in my opinion, refers there to themselves, Mr Mashaba and the people ... they found that there were drugs inside the truck and they were of the view that the suspect in this case would be the truck driver himself.”

At the crime scene, there were many people, police and civilians, in and around the scene, which contaminated the crime scene.

“The scene was contaminated. There were way too many people at the crime scene, police and civilian, in and around the scene.”

The police handled the crime scene improperly from the beginning, which led to everything going wrong and ultimately the theft of the cocaine.

“The very first involvement of the police, they handled the scene wrongly and from that point on, all the way to the storage in Port Shepstone, everything is going wrong and the culmination is the theft of the cocaine”

The police and specifically the investigating officer are relevant to the question of bail as they get to express a view on bail but do not make the decision; the decision is for the court or presiding officer.

“the investigating officer gets to express a view on bail. They do not make the decision, but they do get to express a view. And the way you have been dealing with this question since you started testifying is you are creating the impression that the police and investigating officers in particular are irrelevant to the question.”

The allegation is that the so-called expert advisor, who the police were engaging, was paid by Nangya, not that the police were paid by Nangya.

“the allegation here, as I read it, is not that the police were paid by Nangy. It is that this expert so-called advisor who the police were engaging was paid by Nangy.”

Lt. General Shibiri denies knowing or having a relationship with Vusi Ndlala and says it is silly to assume Vusi was his source for information.

“I wrote the name, I wrote the cellphone, I will give it to you and then you can go and confirm your own way...But my source is not Vusi Ndlala. I indicated he was working with the police...But I am still maintaining that is silly...My source is not Vusi Ndlala.”

Lt-Gen Shibiri acknowledged there is a grouping within the police, describing it as 'other side' different from himself.

“We indicated there is grouping in the police.”

Lieutenant-General Shibiri stated that 'the otherside' refers to police aligned with General Sibiya and his own group, not General Sibiya himself.

“The other side is the police who are with him on the other side and his own grouping.”

Lieutenant-General Shibiri stated that the detained person's lawyers have been informed and that it cannot be 'the otherside' since it must be the family, although there is division within the police.

“What I know for a fact is the family had interest. But yes, I know he has got police who are close to him, including myself. I am quoted to be one who is close to him. But it was me who was supposed to report. So I said maybe the other side might be the police or the family.”

Lt-Gen Shibiri knew Mr Matlala’s phone had been confiscated by police but only recalled this fact at the commission after documents were shown to him.

“I remember now it is the day where he said asked him to give my phone number to him because he does not have my phone since his phone was confiscated.”