National Commissioner

Adv Serunye stated Ms Johnson received his emails and memos, including an instance where she responded regarding serving a 28 or her office writing to the National Commissioner.

“She received them ... she responds to me when I am asking her ... should we serve a 28 or is this office ... going to write a letter to the National Commissioner?”

Advocate Baloyi SC asserted that section 38(1)(e) of the PFMA relates to SAPS's own tax compliance rather than the tax compliance of service providers or Mr Matlala's company, raising suspicion about the motive behind IDAC's charges against the National Commissioner.

“So it is charges like that, a count like that, that reference to section 38 as one of the charges against him that feeds the suspicion that I have about the motive of putting these charges and me saying that lawyers could never have missed that that section 38(1)(e) has nothing to do with his involvement with the tax compliance of Mr Matlala's company. It has to do with SAPS' own tax compliance.”

Advocate Johnson signed and sent a letter dated 30 June 2025 to the National Commissioner stating that Generals Lushaba, Khumalo, Madondo, Lekalakala, Gabela, Ncube, and Brigadier Mokwele were prohibited by court order from entering any Crime Intelligence premises or contacting its personnel.

“On the 30th of June 2025, you penned, signed, and addressed a letter to the National Commissioner informing him that General Lushaba, General Khumalo, General Madondo, it is going to be projected here, General Lekalakala, and General Gabela, as well as Ncube, I apologise, I do not remember her rank, and Brigadier Mokwele. You state in this document... “Kindly note that none of the above named officers are allowed to enter any premises or office which forms part of the Division Crime Intelligence, or have any contact with its personnel as ordered by the Court.””

ADV BALOYIS C implied that Mr Perumal and Colonel Padayachee compiled the list of requirements for the National Commissioner being summoned to interview.

“Chief Perumal and Colonel Padayachee, one of them or both of them would be the people that have compiled this list of what is required from the National Commissioner who has been summoned to an interview.”

ADV Johnson states that the communication to National Commissioner about arrested witnesses is generalized to avoid interfering with law enforcement actions.

“The communication would merely be to indicate this person is a witness in our matters and we are informing you ... It become important when you have a witness who is subsequently arrested, you do inform the other team ... That way, either teams get to collaborate, we do not trample on one another's toes, but it is a collegiality we have always afforded one another.”

Commissioner Baloyi correctly stated that irregular appointments in Crime Intelligence were investigated by the Public Service Commission, not IDAC, and related complaints had been previously addressed by the PSC with recommendations to the National Commissioner and Minister.

“... By the time Mr Adams brings these things to IDAC, the Public Service Commission has already investigated them and made recommendations... It is not IDAC's mandate to be investigating these issues because there are other bodies that are responsible for these investigations.”

IDAC's request for access to dockets could have been denied as they did not have the authority to demand them outright without subpoena through the National Commissioner.

“The request could easily have been denied for access to those dockets .”

In the course of an investigation, legal means exist to demand documents, including subpoenas through the National Commissioner, if access to dockets is refused.

“You do have the legal means to , in the course of an investigation , to demand access to documents , no ? ... If we had to , we would have had to subpoena them through the National Commissioner .”

The National Instruction 11 of 2017 prescribes a mandatory reporting procedure for candidates who do not comply with appointment requirements or who provide false information, with the matter to be reported to the Divisional Commissioner Personnel Management for recommendation to the National Commissioner.

“the matter must be reported to the Divisional Commissioner Personnel Management for a recommendation to the National Commissioner on whether or not the candidate may retain his or her appointment”

If a candidate appointed to senior management posts fails to comply with requirements or provides false information, the matter must be reported to the Divisional Commissioner Personnel Management for recommendation to the National Commissioner on retention of appointment.

“If a candidate is appointed and it appears that the candidate did not comply with the requirements of the appointment ... the matter must be reported to the Divisional Commissioner Personnel Management for a recommendation to the National Commissioner on whether or not the candidate may retain his or her appointment.”

During the investigation, allegations are made and the next step requires looking for supportive evidence and serving subpoenas on national commissioners for documents.

“There are allegations that are made. So the next step is to now go and look for supportive evidence ... We compiled a subpoena and we served documents on the National Commissioner for various documents”

General Masemola, the National Commissioner at the time, declassified classified documents related to promotion appointment dockets, personal files, vetting files, and secret service accounts, which helped confirm certain allegations.

“The National Commissioner at that moment was General Masemola. He declassified all those documents, and there were quite a number of files that he brought to us.”

The investigation started with only the name Mrs Mokwele and the general link to BMW, and only later were detailed documents and identities obtained from the National Commissioner and BMW in February 2025.

“All we had was the name. We did not know exactly initially which BMW it was ... It is when we got the actual documents from the National Commissioner and that you will see we got it in February.”

Investigations involve issuing subpoenas to National Commissioner for specific documents related to security clearances and vetting files of implicated individuals including Mrs Mokwele.

“you issue a summons to the National Commissioner... It is security clearances and vetting files for seven people. This is the six SAPS members plus Mokwele”

Colonel Padayachee further states that Khumalo chose the panel, but it was approved by the National level and not necessarily by Khumalo when finalized.

“He chose the panel . . . although the panels, when they get approved, not by him, it gets approved by National”

Colonel Padayachee states the National Commissioner has been arrested for contraventions of the PFMA, which does not amount to corruption at this stage.

“The National Commissioner has been arrested for contraventions of the PMFA. That does not amount to corruption at this stage, sir.”

The senior management of SAPS, including the National Commissioner, has many arrested persons for various offenses, leading to distrust in SAPS senior management.

“You say there is a lot wrong with the senior management of SAPS starting from the National Commissioner, a substantial number of whom have been arrested for whatever offences. And you then basically say therefore, you do not trust senior management...”

The panel that interviewed Ms Mokwele did in fact appoint her; it recommended her to the National Commissioner who eventually appointed her.

“That is the panel that appointed her.”

The witness was deployed to the Richmond Opspactwo during violent mass murders and successfully investigated, traced, and arrested a murder suspect linked to the Cash Money Brothers gang in the Western Cape, receiving commendations from the National and Provincial Commissioners of Detectives.

“I was deployed to the Richmond Opspactwo during the violence and mass murders in Richmond KwaZulu-Natal ... The murder suspect , a member of the notorious Cash Money Brothers , CMB , was involved in several shootings and had evaded arrest . ... I investigated , traced and arrested the suspect in the Western Cape . The arrest received mass media attention and commendations were received from the National Commissioner, Provincial Commissioner Detectives for the successful arrest of the suspect .”

The SIU has not yet been seconded to SAPS to support lifestyle audits as of 5 June 2026, despite a formal request by the National Commissioner on 5 August 2025.

“the South African police service has formally engaged the special investigating unit to assist with independent lifestyle audits . The National Commissioner signed a formal request on 5 August 2025 , which was submitted on 6 August 2025 , requesting the secondment of SIU personnel to support SAPS in conducting lifestyle audits . As of 5 June , the SIU has not yet been seconded to SAPS to support lifestyle audits .”

General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case, but did nothing about the grievance allowing falsehoods to be presented to the court.

“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits in court regarding Lieutenant General Mdluli’s case ... other than lodging grievance he did nothing about it . He allowed her to lie to the court”

The National Commissioner informed the court wrongly regarding Lieutenant General Mkhwanazi's actions on the Mdluli matter and wrongly stated that General Mkhwanazi had not received instructions from a higher authority; a confirmatory affidavit from General Mkhwanazi was promised but never supplied, and even the Supreme Court of Appeal could not get one.

“The National Commissioner informed the court wrongly with regard to Lieutenant General Mkhwanazi’s actions on the Mdluli matter ... she wrongly informed the court that General Mkhwanazi had not received instructions from a higher authority ... it was never supplied ... even when it went to the Supreme Court of Appeal they still could not supply a confirmatory affidavit”

Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner about false affidavits lodged in court in relation to Lieutenant General Mdluli's case, corroborating that he did not act on the grievance allowing false information to be presented to court.

“Lieutenant General Mkhwanazi lodged a grievance against the National Commissioner for lodging false affidavits ... other than lodging a grievance he did nothing about it ... He allowed her to lie to the court”

The National Commissioner responded to a demand letter stating the matter was receiving necessary attention and was governed by labour laws including the Labour Relations Act and SAPS disciplinary regulations.

“The National Commissioner is aware of his constitutional duties in terms of the SAPS Act as well as the SA disciplinary regulations. It must be emphasised that this matter is receiving the necessary attention it deserves and it is a matter that involves a relationship between employer and employee in line with the Labour Relations Act as well as all the other relevant prescripts.”

MR O'SULLIVAN described the National Commissioner's response as an 'arrogant middle finger response' to the lawyer's letter of demand regarding suspension.

“A arrogant middle finger response to my attorney's letter of demand.”

MR O'SULLIVAN's response letter to the National Commissioner was intended to be antagonistic and to put the Commissioner under pressure because the letter of demand legally prevented an urgent application to court for suspension.

“My response to him was meant to be antagonistic. It was meant to put him under pressure. I realize, because I took legal advice based on the letter that he had given, we were ready to bring an urgent application, but based on that letter, damn, we cannot bring the urgent application.”

Police protocols require that the person in charge of the crime scene, regardless of rank, must be obeyed, and failure to follow protocol by members must result in consequence management.

“the person in charge of the crime scene , irrespective of rank , even if I go to a crime scene , Commissioners , as a General , and a Constable is entry level , is in charge of the crime scene , that person is in charge . I w i l l g i v e y o u a n e x a m p l e . A l o t o f c r i m e s c e n e s , y o u w i l l s e e t h e M i n i s t e r o f P o l i c e , t h e N a t i o n a l C o m m i s s i o n e r, t h e N a t i o n a l H e a d , t h e y g o t o t h e c r i m e s c e n e s . Th e i r s o l e p u r p o s e o f g o i n g t h e r e i s t o g e t f a c t s a n d c o n g r a t u l a t e t h e m e m b e r s f o r t h e i r g o o d w o r k . A n d t h e y e x p e c t t h a t t h o s e p r o t o c o l s m u s t b e f o l l o w e d . T h e s a m e a p p l i e s t o m e . B u t I c a n t e l l y o u t h a t i f t h e m e m b e r s h a v e20 c o n f e s s e d o r m a d e a d m i s s i o n s t h a t t h e y d i d n o t f o l l o w t h e p r o t o c o l , c o n s e q u e n c e m a n a g e m e n t n e e d s t o a p p l y .”

In 2013, Phakula transferred to National Investigation Unit at Head Office Pretoria focusing on high-profile cases determined by top police and political leadership.

“In 2013, I was transferred to the National Investigation Unit at Head Office in Pretoria. My duties included investigation at national level of blue light robberies, airport following robberies, head office enquiry files, and high-profile cases as determined by the Minister of Police, the Deputy Minister of Police, the National Commissioner, the Deputy National Commissioner, and the Divisional Commissioner, and the political leaders.”

The newly registered law enforcement skills programme exists and includes different courses according to attachments provided by SAPS and National Commissioner instructions to all Metro Police departments.

“this new skills development, it is having different courses, according to the attachment... as per SAPS, or as per the National Commissioner's instruction to all Metro Police departments”

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.”

General Sibiya sent a message to Sergeant Nkosi on 8 February 2025 at 4 minutes past 8 in the morning confirming that the investigating directorate told the National Commissioner they are investigating General Khumalo and his team for a real list of offences.

“General Sibiya messaged you to say : It was confirmed that the investigating directorate told the National Commissioner today they are investigating Khumalo and his team , real list of offences .”

Sergeant Nkosi admits it may have been improper for General Sibiya to have sent a confidential message confirming an investigation of General Khumalo to him, and improper for Sergeant Nkosi to have circulated that confidential information to Mr Mampane.

“From my side , it seems improper for General Sibiya to have forwarded it to you , because I doubt that the National Commissioner intended it to go beyond General Sibiya . But it certainly seems improper to me for you to have circulated that confidential piece of information to a taxi owner outside of the SAPS . I understand , I take it , it was wrong .”

Sergeant Nkosi says General Sibiya never mentioned his relationship with the National Commissioner to him.

“but then never mentioned his relationship with the National Commissioner .”

LT-Genshibiri indicated the faction he referred to was General Sibiya's side, not Mr Molefe's family or the National Commissioner's side.

“it is not the family, it is not Mr Molefe's family ... it is General Sibiya's side”

Lt-Gen Shibiri said that the phone call was to establish the reason for the arrest and to gather information to assist in investigation, not specifically to provide information to the National Commissioner.

“the reason for the phone was to establish the reason for the arrest but we talked a lot of things and also shared more information which can assist in the investigation ... It is not to say he phoned and said he wants information that day”

The witness was not on the side of the National Commissioner and believes there are people fighting against this position clearly visible to all.

“he was not in the side of the National Commissioner ... people whom he believe they are fighting and it is clear for everybody to see what was happening”

General Shibiri denies being part of General Sibiya's faction, stating his work-related interactions include the Minister, National Commissioner, and DIVCOM, implying he is perceived as a good worker rather than a faction member.

“I do not see anything to perceive me with General Sibiya because where he invited me to go, it was work-related. ... So, I must be perceived as a good worker rather than belonging to somebody.”