Mr Hardug

At the premises, Magane and Mashaba met a man named Hardug who was the manager of the place, explained their presence as protocol and the reason for their visit.

“The security guards then referred us to their manager inside the offices. We found a male person by the name of Hardug, who confirmed that he was the manager of that place. We then introduced ourselves as protocol and explained the reason for our presence at the premises.”

Magane and Mashaba informed Mr Hardug that they were following information about a truck carrying a container from Durban that was suspected to be carrying drugs, but they were unsure of the quantity.

“We explained to him that we were following information about one of their trucks which was carrying a container from Durban and that according to the information at our disposal, the container was carrying drugs, but we are not sure about the quantity of those drugs.”

Mr Hardug did not know the contents of the container and requested that at least the truck be followed or escorted to the customer so that it could be opened in front of the owner of the merchandise, which Magane and Mashaba agreed to.

“Mr Hardug explained that he does not know the contents of the container, and we requested him to open the container, but he pleaded with us to at least follow or escort the truck to the customer, so that we can open it in front of the owner of the merchandise inside the container. This seemed like a reasonable request, and we agreed to the suggestion.”

Warrant Officer Magane's team did not have a search warrant and was concerned about civil claims if they searched without consent, so they decided to follow the truck to its destination instead of applying for a search warrant.

“because we were not having a search warrant. So section 22 give a provision that if you have got a reasonable suspicion and you want to search the premises, if the owner of the premises is not giving consent, then you are going to sit with a problem ... We then apply for a search warrant, if that is a option ... I think it was an oversight from us because he is suggesting for us to follow the truck until its end destination. We felt that at least we were getting cooperation from him, that is why we decide to follow the truck until to the destination”

Mr Hardug informed the team that the truck was destined for Aeroton at Scania, Aeroton, but Warrant Officer Magane did not know the specific location of Scania within Aeroton.

“he said this truck was destined for Aeroton, at Scania in Aeroton ... but I did not know the place where this, the place where Scania is located”

Warrant Officer Magane accepted the risk of moving the truck without a search warrant and without knowing full risks, including the possibility of illicit drugs being taken by others.

“I accept that and I take this as, I do not take this, I take this as serious and definitely if something might have happened, but God forbid it never happened. But there were possibilities ... That possibility arises because you have already now told Mr Hardug that there are drugs in this truck. That possibility that in fact you could potentially have ended up with these illicit drugs being taken by somebody else, because now you have shared the information that this truck is carrying drugs ... I will be honest with you, that we did not think of. But possibilities, I do not rule out the possibilities of that happening .”

Warrant Officer Magane taking the contact details of Mr Hardug was done because he felt part of the team despite it being a Traffic Department operation, while Chief Mashaba did not do so.

“Before we left the premises ... I left my numbers with Mr Hardug and he also ... gave me his numbers ... Did Chief Mashaba do the same? No, no, no, only me did that ... I felt that I can just leave my numbers because we are a team ... It is a Traffic Department operation”