Ms Sello

Adv Sello SC notes that Colonel Padayachee's testimony and the docket provided to the Commission contain no claim or evidence regarding document tampering or panel manipulation, other than General Kahn's statement that he was excluded from the panel.

“because in so far as the panel is concerned, we are not aware of such a claim. The only complaint would appear as reflected in an affidavit, in a statement provided by General Kahn, but the only issue was that the panel did not include General Kahn, but there was no suggestion otherwise of the manipulation of the panel.”

The draft charge sheet attached to the prosecution memorandum relies heavily on the Prevention and Combating of Corrupt Activities Act (PRECCA) Act 12 of 2004 regarding allegations of nepotism and favouritism.

“What I find in the charge sheet are significant, I think in respect of each charge, is extensive reference to an invocation of the provisions of the Prevention and Combating of Corrupt Activities Act 12 of 004.”

Adv Sello SC noted an aborted arrest on June 18, 2020 in respect of docket 543-06-26, and questioned whether it or warrant applications were prompted by Mr Fadiel Adams' arrest by the PKTT.

“I call it the first arrest, and not that there was a second, but I do so to distinguish it from what I call the aborted arrest, the one of June 18th, Yes, June 18th, 2020, ja, thank you. Now, that, the one of June 18th is in respect of docket 543-06-26, the second docket. Now, it was not that arrest or application for those warrants, they were not by any, in any manner, prompted by the arrest of Mr Fadiel Adams by the PKTT, no?”

Adv Sello SC and Adv Johnson discussed a preliminary internal audit report (marked CJC399 starting at 3818) submitted in Exhibit File 9A, received alongside General Matlou's section 27 statement.

“you indicated that there was a preliminary internal audit report that had been availed. I confirm a document has been availed to the Commission.”

Adv Sello SC asserts that Adv Johnson shares a very close and personal relationship with General Khan, contradicting Adv Johnson's claims of a non-personal relationship.

“We have established that this is a very, very close and personal relationship. So I say you must know why and under what circumstances you shared that docket with General Khan.”

There was a delay in making the Langlaagte docket available, causing Ms Sello not to apply her mind to it, and the delay is attributable to Advocates Bodlani and Johnson.

“I confirm that the Langlaagte docket has been made available . We delayed making it available . We apologise . The request was made last week . We should have made it available during the course of the week . We did not . A n apology is merited . It has resulted in what Ms Sello is mentioning , that she has not applied her mind to it . That delay is definitely attributable to us .”

Adv Sello and Brigadier, possibly Colonel Padayachee, discussed the urgency of obtaining the dockets with the military liaison.

“We did not touch on it, although we dealt with it with Brigadier, with Colonel Padayachee about the urgency of obtaining these dockets...”

Mr Bodlani confirmed that contradictory documents sought must be made available immediately for review and conferment with Advocate Johnson and legal team.

“I made a request to those instructing me, that every document that had been sought must be made available immediately... During the adjournment, Ms Sello confirmed to me that she is going to deal with some of those documents. The witness herself was shocked to learn that they are contradictory documents.”

Advocate Sello alleges that Advocate Johnson is authorizing an investigation into people not mentioned in the singular affidavit he has, without complaints against them or proper authority, which constitutes misuse of powers and illegal intrusive action.

“You are authorizing an investigation into eight people who are not mentioned in the singular document you have ... You have absolutely no legitimate and valid basis to look into them ... It is, to me it is yet another instance where you in particular have misused your powers to go where you are not authorized to go ...”

Advocate Johnson has found an email from the National Director of Public Prosecutions to himself stating that there is a review to be held and some representations have been dealt with by someone, and on that basis there was a request to be removed from the matter.

“I did find that email. I just have to make it available to Advocate Sello where the NDPP then adds bits to that email. And it is on that basis. There is the representations that have been dealt with by someone. The National Director in the email also says, Advocate Sello, that there is a review to be held. And so my having asked to be removed and being released...”

The Chairperson clarifies that Ms Sello is not invoking the subjudice shield and not refusing to answer on that ground.

“I understand you are not invoking the subjudice shield. You are not saying you will not answer because of that”

Advocate Sello could not find the full docket of the recruitment process and suggests that if the full file existed it would raise problems because the charges drawn are inconsistent with the contents of the file they obtained.

“Firstly, I could not find it, and I say that mindful of the conversation we had in the morning that I may very well not have the full docket. But I could not find it. But if it exists in the terms that I described, then it creates another problem, because the charges that you draw up are inconsistent with the contents of that big file and I would like us to turn our attention to it.”

They obtained a version of the appointment file which includes documents such as the request for advertisement, internal and external advertisements, the list of applicants, approved selection panel, confidentiality declarations, shortlisted candidates, approvals, assessments, and announcements.

“We have obtained a version of that file and if we could go to file 2. For the moment, Commissioners, we can close the piles that have caused you to have opened and look at file 2. And in file 2, I invite us, Commissioners, to CJC 370 and that starts at page 172 with an index and what I call record of decision, that entire file. The first document there under tab A in that file is the request for advertisement. It is followed by an internal advertisement. The internal advertisement referred to the advertisement for the position as circulated within SAPS. You agree? Yes, 174, yes....Yes. Then it has got a copy of the external advertisement. It has what it calls an erratum and an extension of the closing date. That was the closing date for the applications. It was pushed out. Then it has got a list of those who applied. Then it has got a list of approved selection panel, declaration of interest and confidentiality, shortlisted candidates, approval of shortlisted candidates, applications for shortlisted candidates, invitation letters, security clearance, assessments, centre mark sheets, list of recommended candidates, minutes and announcements...”

Adv Sello clarifies that the statement implying ORS members were involved in the operation is factually incorrect.

“And perhaps I should clarify to General Senona and his team that the statement as couched creates an impression that the operation involved ORS members. And I am saying from the evidence tendered before this Commission, that is factually incorrect.”

Commissioner Baloyi made a choice to weigh risks between offending Advocate Sello or losing his job, indicating uncomfortable decisions in the inquiry process.

“Commissioner Baloyi was rightly saying to the witness, you then have to understand if you are uncomfortable, you are uncomfortable, but the Commission will take that into account, and I cannot quibble with that. He has to weigh which risks to do, whether to offend, whether to annoy Advocate Sello or to lose his job.”

Colonel Jacob denies choosing the seizure location in and around Durban, contradicting Adv Sello's assertion.

“I did not choose to do so.”

The document discussed only container seizures and did not include the Umhlali 1 tonne seizure of chemicals.

“...this presentation... highlighted only container seizures... this Umhlali 1 tonne seizure of the chemicals is not in that presentation.”

General Flynn acknowledged a typographical error in General Mosikili's report regarding references to National Instruction 8 of 2017, specifically paragraph references.

“it is obvious that there was a typo in the report by General Mosikili where it is referred to 12. It is supposed to be paragraph 9(2) and as Advocate Sello indicated , there is no such 12 ( 2 ). So , it is supposed to be in totality referring to paragraph 9 ( 2 ) .”

There is no difference in documents attached to amended statement versus original; only attachment splitting, increasing the number of attachments.

“The documents are not different, but that you have split up some... otherwise additional numbering rather, but the documents are the same as I understand Ms Sello.”