Mr Nkabinde

Mr Raphesu does not know the exact date, time, or duration of the call initiating an investigation involving him, as Mr Nkabinde could not recall the date either.

“I did not even know the date, the time, the duration of the call... Mr Nkabinde told them that he cannot remember when the call was made... So as things stand, I do not have the date of the call.”

Advocate Johnson started receiving calls from Mr Nkabinde on the 9th, but only got an opportunity to speak with him on the 30th.

“Advocate Johnson records that she started receiving the calls on the 9th... And that it is only on the 30th when she got an opportunity to speak with that person.”

A conversation on the 30th revealed a discussion about authorization for an investigation related to Mr Nkabinde, with instructions not to discuss certain matters with Mansay and mention of something terrible having happened.

“After noon, Advocate Johnson. Please advise authorisation for the Nkab stand-alone... Something terrible has happened. Whatever you do, do not discuss anything with Nkab with Mansay. When you hear what I have to say, your heart will break...”

Mr Raphesu did not know anything about the investigation related to Mr Nkabinde authorization discussed in the messages until presented with the evidence.

“Did you know anything about this investigation?... No, no, I did not know anything about it.”

Ms Ramsamy confirms that the discussions about the investigation authorization were kept between herself, Mr S, and Dylan.

“Ms Ramsamy confirms that they have been keeping that between Mr S, myself, and Dylan.”

Mr Raphesu had no knowledge of the investigation into Mr Nkabinde, and one of the persons involved said the investigation was kept only between three people.

“So, at this stage, you had no knowledge of an investigation into Mr Nkabinde and clearly, one of the people involved is saying that this investigation was kept between the three people.”

Mr Raphesu told Mr Nkabinde that Mr Padayachee was an investigator.

“You told Mr Nkabinde that Mr Padayachee was an investigator? That is correct.”

Mr Nkabinde from the Minister's Office referenced four cases in his letter, three Orlando cases and one Langlaagte case, with the Orlando cases mirroring the Cape Town cases, making Langlaagte a stand-alone docket.

“Mr Nkabinde from the Minister's Office addressed a letter to your office, he referenced four cases, three Orlando cases and Langlaagte. And we know that the three Orlando cases mirror the Cape Town cases. So Langlaagte is a stand-alone.”

Advocate Baloyi propositions that the letter from Mr Nkabinde says nothing and it is proposed that Chief Perumal should speak to Mr Adams directly, implying there were allegations of interception of dockets and possibly corruption.

“I want to make a proposition ... that when you look at the letter from Mr Nkabinde, as you agree, it says nothing ... for you to instruct Chief Perumal to speak to Mr Adams ... the emails speak to corruption of sorts ... allegations of interception of dockets.”

A letter dated 11 November 2024 from the Office of the Minister of Police, signed by Chief of Staff Minister of Police Mr Nkabinde, was addressed to the Investigating Directorate requesting a referral and investigation under section 27 of the National Prosecuting Authority Act.

“it is dated 11 November 2024 ... it is a letter signed by, it would appear, the Chief of Staff Minister of Police, Mr Nkabinde, and it is directed to the Investigating Directorate ... shows as a heading referral and request for investigation in terms of section 27 of the National Prosecuting Authority Act”

The letter from Mr Nkabinde's office referred a complaint by Mr Fadiel Adams, a member of Parliament, and concluded by advising Mr Adams to await a decision from the Minister's office.

“this letter ... complained by Mr Adams, a member of Parliament ... Honourable Fadiel Adams was advised by this office to await your decision in this regard”

The Ministry is purportedly referring a matter under section 27 and Mr Nkabinde is the person actually purporting to refer the complaint.

“it is the Ministry that is referring and purporting to refer in terms of section 27. And if you were going to ask for a section 27 affidavit, it is from Mr Nkabinde that you ask for because he is the one that is purporting to refer”

Based on the letter, there is no basis to approach Mr Adams for a section 27 affidavit, rather the request must go to Mr Nkabinde.

“you have no business, at least on the basis of this letter, to go to Mr Adams for a section 27 affidavit. You go to Mr Nkabinde for a section 27 affidavit”

Mr Adams did not communicate any request for investigation to the party being addressed, the Ministry is the one requesting investigation under section 27.

“Mr Adams is not asking you to investigate. He has not communicated with you... It is Mr Nkabinde, he raises his complaint with the Minister. That is what he”

Nothing in the Minister's letter actually directs the investigation request to Mr Adams but rather it is Mr Nkabinde who is the referrer of the Section 27 affidavit.

“nothing in this letter leads you to Mr Adams... if you were going to ask for a section 27 affidavit, it is from Mr Nkabinde that you ask for because he is the one that is purporting to refer”

The complaint is laid with Mr Nkabinde, who claims lodging a section 27 complaint, and there is no business to go to Mr Adams for a section 27 affidavit based on this letter.

“The complaint has been laid with them, and Nkabinde says I am lodging a section 27 complaint... you have no business to go to Mr Adams for a section 27 affidavit”

Mr Nkabinde is the one asking the investigating body to investigate; Mr Adams has not communicated such a request.

“Mr Nkabinde is asking you to investigate. Mr Adams is not asking you to investigate. He has not communicated with you.”

Emails dated 283 and 284 in the record (MK15) were specifically referred to as the complaint from Mr Adams to the Minister of Police, describing opened cases and intercepted dockets and requesting a report to be filed by 4 November 2024.

“... And from Mr Adams. If you look overleaf at 284, ... hastily ask for the Minister to intervene and ensure the integrity of investigative processes. ... if you go back to 283, then we see communication from Mr Nkabinde to Major General Sebola, referring this complaint and requesting a report be filed with the Minister or the Minister's Office by Monday, the 4th of November. ...”

A letter from Mr Nkabinde contained allegations implicating senior members of the SAPS and requested the Investigating Director to consider investigating alleged criminal misconduct by Honourable Fadiel Adams.

“a letter from Mr Nkabinde ... Allegations contained therein implicate very senior members of the SAPS and are reviewed in a serious light ... due to the nature of the allegations made by Fadiel Adams, Honourable Fadiel Adams, which is deemed to be quite sensitive and which contains allegations of criminal misconduct, this officer requests the Investigating Director to consider investigating the same.”

Advocate Johnson is not saying the Minister or Mr Nkabinde saw the contents of the dockets, but referred to Mr Adams who is said to have made serious allegations implicating senior SAPS members, with case dockets registered with CAS numbers.

“I am not saying they saw the contents of the dockets. They referred to Mr Adams, and they say the allegations contained by Mr Adams implicate very senior members of the South African Police Service, and are viewed in a serious light, and case dockets were registered as per the following CAS numbers.”

There was an initial confusion over the acronym 'CIA' mentioned by Warrant Officer Mpangase, corrected by Mr Nkabinde as 'CI'.

“That C I A was going to phone us . It is C - I , no t C - I - A .”