Warrant Officer Mpangase

Jacob did not consult the witness about the decision.

“No”

Warrant Officer Mpangase did not find anything untoward about the decision made by Jacob.

“Nothing”

Sergeant Mkhize, Govender, and Khuwayo were present during the search of the container according to Warrant Officer Mpangase.

“Among those that I had noted, were Sergeant Mkhize, Govender, Khuwayo who were present during the search of the container”

These three officers were just around observing while others were working during the container search.

“They were just around there observing, while we were working”

Warrant Officer Mpangase confirmed that he conducts drug investigations and has been doing investigations for more than 10 years.

“That is correct.”

Warrant Officer Mpangase recorded that the three officers were present observing the search according to his diary and statement.

“I did indeed put this on my notes after I transferred it to diary and later put it in to my statement, that those people were there, present, observing”

Advocate Baloyi accuses Warrant Officer Mpangase of being untruthful by recording that the officers were part of the inspection when the other officers' statements say they only provided transport and were not part of the inspection.

“If you insist and you want to rely on your pocket book, your diary and your statement, that is what you recorded, it means you recorded a falsehood, you recorded something that did not happen. It did not happen that way, according to these people that transported those drugs, according to Colonel Jacob. So you are being untruthful, if that is what you recorded on that day, because that is not what happened”

Warrant Officer Mpangase disputes the claim that the officers were not actually present during the search and says he would not have mentioned their presence if it was not the case.

“I would not have mentioned that they were actually there, if it was not the case. I am scratching my head even now, why would I do that?”

Advocate Baloyi accuses Warrant Officer Mpangase of being the only one saying the three officers came to the scene, left, and were called back; all four officers say they helped take the bags to their vehicle and transported them to Isipingo police station.

“You are the only one who is saying that, but let me read what Govender says, ... All four of them say they were brought in to and helped with taking these bags onto their vehicle, drove with you to Isipingo police station, these things were offloaded at Isipingo and then they left to go and carry on with their functions.”

Colonel Jacobi appointed Warrant Officer Mpangase as the investigating officer at Isipingo Police Station when he handed over the scene to him.

“He says he appointed you as the investigator.”

Warrant Officer Mpangase's area of operation was priority violent crime, which includes violent crimes among others.

“that is your area of operation being violent crime, priority violent crime”

On the morning of 22 June 2021, there were members whose area of operation was narcotics or drugs.

“On the morning of 22 June 2021, were there members whose area of operation was narcotics or drugs?”

Two groups of narcotics operation members existed headed by Captain Mbele and Lieutenant Colonel Moodley on 22 June 2021.

“There were two groups. One was headed by Captain Mbele, the other one was under Lieutenant, Colonel at that time, the name is Moodley”

Captain Mbele, Lieutenant Colonel Moodley and their groups were on duty the morning of 22 June 2021.

“were the two and/or members under them on duty on the morning of 22 June 2021? Yes, they were.”

Colonel Jacob was not on good terms with both narcotics groups headed by Captain Mbele and Lieutenant Colonel Moodley and therefore did not work with them.

“Colonel Jacob was not in good terms with both groups. Yes, he did not work with them.”

Colonel Jacob often called Warrant Officer Mpangase, whose area was priority violent crime, instead of the narcotics teams because he was not on good terms with the narcotics groups.

“he called you and not them on the morning? I think the reason is that he was not in good terms with them.”

On the morning of 22 June 2021, Colonel Jacob was not in good terms with Lieutenant Colonel Moodley, Captain Mbele, and their groups under their command.

“So you are telling us that Colonel Jacob was not in good terms with Colonel Moodley, not in good terms with Captain Mbele, not in good terms with all the people under them, not in good terms with the people under him, under Jacob himself. He was not in good terms with all those people.”

Colonel Jacob was in charge of the SANE B group split into two subgroups led by Captain Mbele and Lieutenant Colonel Moodley, groups he was not on good terms with.

“Jacob was in charge of SANE B and this particular SANE B was divided into two. One was belonging to Captain Mbele, the other one was Lieutenant Colonel Moodley. Those indeed were the groups he was not in terms with.”

On the morning of 22 June 2021, there were eleven colleagues including Colonel Moodley and Captain Mbele related to the narctotics groups; Colonel Jacob did not have good relations with at least two of them.

“Colonel Jacob did not have good relations with all eleven colleagues...Those that I am certain about, Colonel Moodley, Captain Mbele, those I am certain about.”

Warrant Officer Mpangase has done only one narcotics operation with Colonel Jacob, where drugs were found to have been removed before their arrival.

“Information also came from CI, CI operation, same person. He also gave us information about a container which was there, but I cannot remember where exactly it was...We went there and we conducted the operation, but on our arrival, the drugs were no longer there. We do not know who removed them. That is the only other operation I went with.”

Warrant Officer Mpangase was involved in drug busts within the SANE B unit where he specialized in drug investigations.

“I did work with him in the same office, but not in the drugs section. I never worked with him there. We were working in the same office, but I was working in another section. Drug investigations. Yes.”

Warrant Officer Mpangase describes his role in drug bust operations as receiving information, applying for authority to purchase drugs, making the purchase, and arresting the dealer.

“One will receive information that drugs are being sold at Mbele's. Then you would apply for an authority to go and purchase and then you would get somebody who would go and make this purchase. Once the operation has been given to me, then I would go and get hold of that particular person who would go and buy the drugs. After he had made the purchase, thereafter I would arrest, arresting that particular dealer who has sold it. Those were among many cases that we were involved in.”

Warrant Officer Mpangase insists there was nothing untoward in his agreement with Colonel Jacob and that his notes reflect the true events.

“I will stuck and reiterate that there was nothing untoward that mean and Jacob came to agree upon , just what is on my notes is the true reflection of what transpired”

Warrant Officer Mpangase confirms that the seal of the container was broken in the presence of officials during the opening of the container, though this was omitted from his initial statement.

“maybe I might have just forgotten to insert that statement”

Colonel Jacob came and testified that he spoke to members present at the scene about some events concerning a container at Isipingo, which Warrant Officer Mpangase might have discussed with him during the year.

“Colonel Jacob came and testified and said that at some point in relation to another incident , he spoke to members that were present at the scene about some of the events”

Brigadier Nyuswa received a call from Warrant Officer Mpangase informing him about Crime Intelligence contact regarding a container at Isipingo potentially containing drugs; Mpangase was proceeding with Lieutenant-Colonel Jacob and Warrant Officer Sibiya, all from Durban Serious Organised Crime Unit.

“On Thursday morning of 22nd June 2021 , I received a call from Warrant Officer Mpangase from Durban Serious Organised Crime Unit , informing that Crime Intelligence has contacted him regarding a container at Isipingo , which might have drugs and that he was proceeding there with Lieutenant-Colonel Jacob and Warrant Officer Sibiya , all from Durban Serious Organised Crime”

Warrant Officer Mpangase confirms he spoke with Brigadier Nyuswa, a man of integrity, about the container at Isipingo and the events concerning it.

“if he mentions that I did , that would mean that is a fact , I did speak to him”

Warrant Officer Mpangase authored an investigation diary entry on 22 June 2021 noting the container was properly closed and sealed at the scene, but the seal was broken and the container opened in presence of warehouse supervisor, customs official, and ORS members, who observed 27 black canvas bags placed behind the container doors.

“The container was properly closed and locked at the scene intact . The seal was broken and the container was opened in the presence of the supervisor of the warehouse , customs official , Inchucha Bhuzwao [?] , ORS members Sergeant Mkhize and Sergeant Govender and 27 black canvas bags were observed , placed right at the end of the cargo or commodity , just behind the container doors .”

Warrant Officer Mpangase confirms his name and signature on the investigation diary entry dated 22 June 2021 and confirms its accuracy.

“your name just as the one who signed , but we see , is that your signature and name ? ... I do confirm”

The exhibits found in the investigation were to be stored at Isipingo police station, a decision communicated by Colonel Jacob to Warrant Officer Mpangase and Warrant Officer Sibiya.

“that we were going to put the drugs in Isipingo ' s police station”

Warrant Officer Mpangase was to accompany the storage of the drugs to Isipingo police station.

“I was to accompany to go and store the drugs”

Colonel Jacob instructed Warrant Officer Mpangase to book out the exhibits and transport them to Port Shepstone.

“I was instructed by Colonel Jacob that we should book the out and transport them to Port Shepstone”

Warrant Officer Mpangase had prior experience in entering exhibits into the SAPS 13 register but had never completed such an operation before.

“I had never done it ... I was told by Jacob that I must back them into the register ... This is something you had done before ? Yes .”

Warrant Officer Mpangase did not seek guidance from others about completing the SAPS 13 register, only following instructions from Colonel Jacob.

“I did not ask anybody else , I was told by Jacob that I must back them into the register .”

Warrant Officer Mpangase confirms that Colonel Jacobi handed over the inquiry to him when Jacobi had to leave and asked Mpangase to keep the inquiry until his return from leave.

“Yes, indeed. When the time arrived that he needed to leave, he actually handed over to me that I needed to go with the people to Port Shepstone to transport those goods. He then asked me to open the inquiry. I retained it until he came back from his leave.”

Warrant Officer Mpangase states he refused to be the investigating officer because he had other high-profile cases to handle that were already in court.

“I told him that I could not resume those duties because I had other high-profile cases to handle. Yes, as serious violent crime, and those cases were already in court.”

Advocate Baloyi accuses Colonel Jacobi of being untruthful in his evidence that he appointed Warrant Officer Mpangase as investigating officer when Jacobi left Isipingo Police Station going on leave.

“So he was untruthful, therefore, in his evidence before us that when he left Isipingo Police Station to go back on his leave, he appointed you and you remained the investigating officer until he came back from leave. That evidence, from what you are saying, that evidence is untruthful.”

Warrant Officer Mpangase states he has never attended a drug bust involving containers or large trucks.

“I had never done it”

Warrant Officer Mpangase confirms he is an experienced investigator.

“Yes”

Warrant Officer Mpangase worked only once with the CI operative prior to the operation in question.

“you have only worked with him once as well ? Prior to this operation”

An overt operation is an incident publicly known such as the murder of a police officer, where any observer can see the scene and an investigation follows normal public procedures.

“An overt operation is an incident like when a police officer has been murdered . It is well known by almost everybody that that had transpired . So if you are called upon to attend such a scene , I would know exactly what to do , such as armed robbery case scenes , those are openly known cases which are not hidden .”

In a covert operation, exhibits such as seized drugs are not taken to the police station in the same jurisdiction to avoid leakage of information.

“If you get any information about the post office , if there is a certain parcel containing drugs , you go and seize it or take it , then you would not take it to the police station which is under the same jurisdiction as that post office , in avoidance of the leakage of information .”

Warrant Officer Mpangase differentiates overt and covert operations in terms of public knowledge and handling of crime scenes, noting differences in how scenes are managed and information control.

“The covert operation and the overt operation , the operations thereof are not the same . One would be in the public knowledge , people will know what has happened .”

In covert operations, exhibits are taken to a police station outside the jurisdiction where the crime or exhibit was retrieved to prevent information leaks.

“With a covert offence , operation , operation , you retrieve the exhibit , and you do not take it to the police station within which the area of retrieval falls and instead , you take it to some other police station .”

Warrant Officer Mpangase states the proper procedure is first to register exhibits in the designated office into SAPS13, then take it to the lab.

“You go , first go to your office , designated office where you register it in to SAPS13 . Thereafter , you take it to the lab .”

The different handling of crime scenes in covert and overt operations is minimal, with an emphasis in covert scenes to move quickly to prevent information leaking to suspects.

“It is minimal . The crime scene of the over tyou just do things there and there openly , anybody can take a view there of . When it comes to the other one , covert , even if people are present , you will endeavour or you will try to swiftly move these so that it could not , the information should not leak to the suspects .”

Warrant Officer Mpangase agrees the manner of operation in SANEB was not correct and indicates the covert operation handling was flawed.

“I would say it was the manner in which we operated in SANEB . It seems it was not correct .”

Senior officers such as Colonel Jacob did not comply with the National Instruction on crime scene management at the investigated scene.

“including your senior , Colonel Jacob”

Exhibits in SAPS Register 13 were supposed to have exhibit bags, but in their absence, they proceeded by describing and putting them in without bags.

“And in registering these exhibits, was it not needed that they have exhibit bags? ... Yes, the were supposed to ... We proceeded, carried on putting them in ... By describing the exhibits.”

Warrant Officer Mpangase agreed that the crime scene on that day was not handled properly.

“I concede , agree .”

Warrant Officer Mpangase agreed he assisted Colonel Jacob not because of prior experience but because he wanted to learn how to handle drug bust cases as he had no prior experience.

“I was not working with the drugs . I agreed to this because I wanted to gather experience as to how to handle such cases , because I had never attended such before .”

Warrant Officer Mpangase confirmed that he first learned of the information about the suspected drugs on the day of the operation, 22 June 2022.

“On the date of the 22nd ... On the very same day , the 22nd .”

Captain Duma contacted Colonel Jacob and Warrant Officer Mpangase from DPC I Durban to request their assistance with an inspection of a container suspected of smuggling 27 kilograms of cocaine at CHC Container Depot.

“I contacted Colonel Jacob , who was the unit commander ... and Warrant Officer Mpangase from D P C I , Durban . I provided the intelligence that I had gathered and requested their assistance to conduct an inspection of the commodity on one of the containers that were suspected of being used to smuggle 27 kilograms of Cocaine at CHC Container Depot .”

Warrant Officer Mpangase personally received information about the container and cocaine shipment on 22 June 2022 from Colonel Jacob.

“What I remember is that I personally received that information on the 22nd day from Jacob .”

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 .”

Warrant Officer Mpangase confirms the existence of a statement he made, dated 23 November 2021, in which at paragraph 2 he refers to 27 kilograms of cocaine.

“And at 658 , it bears your signature , and the date of the statement is 23rd November 2021 ? Do you confirm ? Yes . And then if you go particularly on this point at paragraph 2 , it refers to 27 kilogrammes . Yes .”

Warrant Officer Mpangase suggested to Colonel Jacob to assign Warrant Officer Sibiya to the operation, despite Sibiya having no narcotics experience, because Jacob and Sibiya had a good relationship and Sibiya was close to Mpangase.

“It is you that suggested Warrant Officer Sibiya to Jacob . I t is because I had the knowledge that Jacob was not in good terms with others . And secondly , Sibiya was the one who was very close with me .”

Warrant Officer Mpangase requested exhibit bags by speaking to exhibit clerk Warrant Officer Jonathan Perumal to get the bags for the exhibits.

“You say that you spoke to him or approached him, so that you can get exhibit bags? ... Yes, I did speak with him.”

Warrant Officer Mpangase confirms he was acting only in an assisting capacity when dealing with the exhibits and that the exhibits were to be left at Isipingo.

“And at this time, your capacity is just being of assistance? ... Yes. ... And in your knowledge, you were to leave the exhibits at Isipingo? ... Yes, it is like that.”

Warrant Officer Mpangase admits that his earlier statement did not record communication with Warrant Officer Perumal about exhibit bags, which he now regards as an accidental omission.

“In your earlier statement, you did not record this fact, that you spoke to Warrant Officer Perumal about the exhibit bags. ... I do hear that ... I would say it was mistakenly left out.”

Warrant Officer Mpangase states he did not act on a request from Colonel Jacob to speak to Captain KG Sibiya as claimed by Jacob.

“That did not happen that way .”

Advocate Baloyi accuses Colonel Jacob of being untruthful and under oath regarding asking Warrant Officer Mpangase to check Sibiya's availability.

“So Colonel Jacob was untruthful with the Commission and under oath when he said he asked you to go and find out of Sibiya, if Warrant Officer Sibiya was available, he was being untruthful?”

Warrant Officer Mpangase admits that it is possible Colonel Jacob was untruthful about the request regarding Sibiya.

“That is possible .”

Warrant Officer Mpangase confirms an operation involving 28 kilograms of cocaine, but states there was no plan in place for it.

“Yes . [We] knew that it was 28 kilogrammes of Cocaine that you are to engage in an operation in relation to ... There was no plan in place .”

Warrant Officer Mpangase states he did not inform Lieutenant-Colonel Hlongwa about the operation.

“I did not .”

Warrant Officer Mpangase's contact with Brigadier Nyuswa was irregular and only by necessity.

“It was not that regular . I would only consult with him when there was a need .”

Warrant Officer Mpangase does not recall speaking to Brigadier Nyuswa about the operation associated with the cocaine seizure.

“I do not recall .”

Colonel Jacob confirmed asking Warrant Officer Mpangase to find out the availability of a certain person (implied Duma), noting that Mpangase was aware of Captain Duma's reservations about utilising others in the unit.

“I told him I will get back to him, that is Duma, and called Warrant Officer Mpangase to find out this availability. He indicated that he was aware of the situation by Captain Duma and he was sensitised about Captain Duma's reservations about utilising other members of the unit.”

Warrant Officer Mpangase confirms he was willing to be booked on duty while on leave if the provisional commander gave permission.

“I do follow .”

Warrant Officer Mpangase does not remember having a discussion with Colonel Jacob about booking himself on duty with Brigadier Nyuswa.

“I do not remember .”

Warrant Officer Mpangase states that if he had been told about the discussion of booking himself on duty, he would remember it, but also suspects that Colonel Jacob should have communicated directly to someone of equal rank instead of to him.

“If he had uttered those words or said that, I would be in a position to remember. Ja, so somehow complex here, because there is one question which arises, him being commander, why does he not communicate directly with somebody who is in par with him, same position, why then he communicate with me? That is my main problem.”

Warrant Officer Mpangase states he did not speak to Brigadier Nyuswa about Colonel Jacob booking himself on duty.

“No, that does not come into my mind, that I did speak to Jacob .”

Warrant Officer Mpangase confirms he spoke to Brigadier Nyuswa and not to Jacob regarding the booking on duty matter.

“Yes, I am talking Nyuswa .”

Warrant Officer Mpangase acknowledges that Colonel Jacob was not involved in the big operation with 28 kilograms of cocaine and that Jacob's role was mainly to take notes assigned by Lieutenant-Colonel Jacob.

“Yes .”

At the depot during the operation, Colonel Jacob assigned roles and took charge, with Warrant Officer Mpangase's role being note-taking.

“Yes .”

There was no plan concerning management of the crime scene, obtaining exhibit bags, or scene management during the cocaine operation.

“No, there was none .”

No one involved in the operation called the LCRC during the cocaine operation.

“No one .”

There was a decision that the exhibits from the cocaine operation must be transported to Isipingo, but Warrant Officer Mpangase denies that Colonel Jacob made that decision.

“No, it is not so .”

Warrant Officer Mpangase denies being the investigating officer and confirms he merely kept the inquiry open until Colonel Jacobi returned from leave.

“I refused to be an investigating officer. What happened was per his request, I opened the inquiry and I kept that inquiry with me. I retained it until he came back from his leave.”

Warrant Officer Mpangase confirms Colonel Jacobi appointed him as investigating officer but he did not accept it due to other duties; he only kept the inquiry until Jacobi returned.

“Yes, he did appoint me to be an investigating officer, but I did not accept it because of the already mentioned reasons. Then he said I should keep that inquiry until he returns, and that is exactly what I did.”

Advocate Sikhakhane submits that Warrant Officer Mpangase made entries in the investigation diary without being the investigating officer, because the inquiry had come to a standstill.

“The reason that the entries be done is because the inquiry had come to a standstill at that stage. I think it is that you were the one dealing with the inquiry, who had opened the inquiry. That is the reason you were making the entries in the investigation diary.”

Warrant Officer Mpangase confirms no inspecting officer checked his entries in the diary.

“No, no one.”

Warrant Officer Mpangase does not know how the entry made by Colonel Jacobi appeared in his diary when Jacobi was on leave.

“I do not have a clue.”

Warrant Officer Mpangase denies giving Colonel Jacobi permission to insert a false entry in his diary.

“I did not give him that permission.”

Warrant Officer Mpangase presumes that Colonel Jacobi backdated the diary entry made on 23 June, entering it at his arrival back from leave.

“Without any certainty, but I will presume that he entered this on his arrival coming back from leave, and he backdated this.”

Warrant Officer Mpangase stopped being in possession of the inquiry file after 23 June, likely handing it over to Warrant Officer Sibiya by 24 June 2021.

“Th e p o s s i b i l i t y i s t h a t I h a n d e d t h e s e f i l e s o v e r t o S i b i y a , Wa r r a n t O ff i c e r S i b i y a”

Warrant Officer Mpangase gave the inquiry file to Sibiya because he was no longer going to be an investigating officer, as instructed by Colonel Jacob.

“I g a v e i t t o S i b i y a b e c a u s e I h a d a l r e a d y s p o k e n t o J a c o b t h a t I w a s n o l o n g e r g o i n g t o c a r r y o n b e i n g a n i n v e s t i g a t i n g o ff i c e r”

Colonel Jacob instructed that the samples taken from the inquiry file be handed over to Sibiya and sent for forensic analysis and storage.

“...with the instruction of Jacob who said that I must hand the sample over to Sibiya. Then I took it upon me to give this thing as well to him, Sibiya.”

Colonel Jacob admitted in his testimony that he made a diary entry related to the inquiry file on 23 June 2021 or possibly 22 June 2021 as a formality upon resuming leave, although he only came back from leave on 29 June 2021.

“Colonel Jacob said when he was pressed around the 23rd, he says: 'Yes, but okay, it is not made on the 23rd because on the 23rd, I resumed my leave, meaning I was on leave... I either made it on the 22nd, just to, you know, as a formality to Warrant Officer Mpangase, or I may have done it on my return to work...'”

Warrant Officer Mpangase entered exhibits into the SAP 13 register, signing them in and signing them out, indicating they were going for analysis.

“...you said they are going for analysis. Why did you say that when that was not true?... He told me that we are going to take them out and transport them to the lab... The decision came from Jacob that we need to take them to forensics for analysis and storage...”

The exhibits did not go to Forensic Science Laboratory (FSL) but to Port Shepstone, yet Warrant Officer Mpangase did not correct the incorrect SAP register entry at Isipingo, which falsely stated they were going to FSL for analysis.

“...the exhibits did not go to FSL for analysis. They went to Port Shepstone from Isipingo... Why did you not correct the SAP register in Isipingo?...”

Warrant Officer Mpangase admits there was an error in not correcting the SAP 13 entry and accepts it was a serious error of judgment.

“I accept .”

Advocate Baloyi does not accept that the failure to correct the SAP 13 entry was an error of judgment and states the exhibits were not in exhibit bags and hence should not have been recorded as going to the lab.

“No, Warrant Officer, I do not accept that it was an error of judgement . And the reason I do not accept that it was an error of judgement is because, firstly, these exhibits ... are not in exhibit bags .”

The statements of those present at Port Shepstone contradict Warrant Officer Mpangase's statement that the exhibits were going to the lab for analysis; everyone knew the exhibits were only going to Port Shepstone, not to the lab.

“In fact, your entry says analysis. It does not say storage. It says analysis . So I do not accept that you are being truthful about this.”

Warrant Officer Mpangase states that because the receiving party refused to take the exhibits, the items were taken to the lab, and entered this into the book after making the entries.

“the decision that we are going to take them to Port Shepstone, that was the decision which came only after I had made my entries”

Advocate Baloyi asserts the statements made by Warrant Officer Mpangase and others are contradictory and contain falsehoods and misrepresentations about the exhibits' movement and handling.

“Your statements contain falsehoods or misrepresentations, in fact . And that is an observation .”

Warrant Officer Mpangase states it is possible a mistake was made or something was omitted in his diary entries, but nothing written is untrue to the best of his recall.

“If I had omitted anything, that could have been a mistake, which I could not remember. There is nothing which is untrue from what I have written there .”

Warrant Officer Mpangase does not recall exactly if the SAP 13 register entries were made on the 22nd but acknowledges if written it should be correct; the reason for returning on the 23rd was to take the exhibits into forensic exhibit bags per Jacob's instruction.

“Do you ever recall that Jacobs said we need to go back there to take the exhibit and put them into the bags forensics exhibit bags . That is the reason why we went back on the 23rd .”

Advocate Baloyi asserts Warrant Officer Mpangase was responsible for the inquiry file after moving from Isipingo Police Station to Port Shepstone and questions why there was no SAP 13 clerk or entries to record the exhibits' movement at Port Shepstone on the 22nd.

“You were responsible for the inquiry file at that point, when you moved from Isipingo Police Station to Port Shepstone. Why did you not arrange for an SAP 13 clerk from Port Shepstone on the 22nd itself to come and enter these exhibits, or record the movement of these exhibits ?”

Warrant Officer Mpangase justifies the lack of SAP 13 registration upon moving exhibits from Isipingo to Port Shepstone by presuming no necessity to register them in SAP 13 at Isipingo since they were already stored at Port Shepstone.

“I presume because of the fact that we have already stored them in the Port Shepstone, there was no necessity that we register them on SAP 13 in Isipingo – Port Shepstone, by the way .”

Advocate Baloyi asks if at that time Warrant Officer Mpangase did not know that the national protocol requires exhibits to be recorded in SAP 13 and accounted for.

“Does it mean at that time you did not know that the protocol the national instruction requires that exhibits must be recorded in SAP 13 ? They must always be accounted for ?”

Warrant Officer Mpangase did not put exhibits back into the SAP13 register after booking them out, instead they were transported to and stored at Port Shepstone DPCI vault.

“we had already recorded them in SAP13 in Isipingo. And then at that time they were being transported to Port Shepstone”

Warrant Officer Mpangase thought there was no need to register exhibits again after they had been recorded once in Isipingo SAP13, which was his own mistaken perception.

“I thought from my own thinking that there was no longer a need for us to put them again, to register them, because we had already done so in Isipingo SAP13”

Advocate Baloyi SC accuses Warrant Officer Mpangase either of incompetence or deliberate ignorance in not following proper procedures for exhibit handling including registering them correctly, suggesting it could be part of a deliberate scheme to avoid accountability.

“Either you did not know what you were doing, as in you are incompetent, ... The alternative is you knew exactly what you were doing, and it was sinister. There was no sound reason, it was deliberate, it was intentional, it was part of a scheme that we are going to do this, we will not account for it, we will not put it in the books.”

Warrant Officer Mpangase conceded that not re-entering exhibits into the register after booking out was a mistake and incorrect.

“I have already conceded that it was a mistake ... So it was incorrect”

Booking out exhibits means making an entry in the SAP13 register that the exhibits have been taken out, and re-entry is required on return to the register.

“When you say booking out exhibits, what does that mean? ... You even make an entry in the register itself that you have now taken them out? ... Yes. ... Now asuming that you book them out and bring them back, you would have to re-enter them in the register or not? ... Yes”

Warrant Officer Mpangase acknowledges he may have made a mistake omitting certain entries he was supposed to record, but he does not regard these omissions as tiny or negligible.

“I would accept that I may have done this mistake from my part. Yes, but I accept that I am the one who entered this, and it was a mistake that I omitted that I was supposed to.”

On 24 June, all the exhibits were removed from the Port Shepstone police station SAP 13 register by Warrant Officer Mpangase.

“Yes, it is so... We know you take them on the 24th out of the Port Shepstone police station register.”

The exhibits removed from the Port Shepstone SAP 13 register on 24 June were not recorded anywhere else after removal.

“They were never recorded anywhere else.”

Warrant Officer Mpangase accepts that if he were the only person handling the key to the exhibits, he could have confirmed the number of exhibits, but that was not the case, so he cannot confirm the inventory number.

“but if the key was only handled by me, kept by me only, I would maybe confirm the number, but that was not the case.”

Warrant Officer Mpangase recorded the exhibits in the SAPS registers but after entry 6.1, SAPS does not have a written record of where the exhibits are stored.

“SAPS does not have a written record of where these exhibits are”

Warrant Officer Mpangase entered exhibits into the Port Shepstone SAP 13 register and immediately booked them out of that register on instructions from Colonel Jacobs, even though this process made little sense.

“You enter the exhibits in the Port Shepstone SAP 13 register and you immediately book them out of that register. That was per Jacob's instructions. ... It does not make sense.”

Warrant Officer Mpangase knowingly made a false entry stating exhibits were being taken for investigation, while actually locking them in a walk-in safe and not taking them out for investigation.

“You enter them, you book them out, you make an entry that says they are being taken for investigation. And yet you lock them in that same walk-in safe where they were before. The effect ... is that you made a false entry knowing it to be false.”

Warrant Officer Mpangase admitted that although he made the false entry, it did not necessarily mean the investigation was to be done on that particular day but would be done after he removed the exhibits, depending on the investigation officer.

“Yes, I entered that entry, but that does not necessarily mean that the investigation was going to be done on that particular day. It would have been done after I have removed them. That was going to be entirely dependent on the IO, the investigation officer.”

Warrant Officer Mpangase explained that booking exhibits out for analysis in the register did not imply immediate removal for investigation but meant they would eventually be taken for analysis.

“When I stated that I was booking them out for analysis, that did not imply that I was directly or immediately taking them out for investigation ... That was going to be the duty of the investigating officer to take them, transport them for analysis.”

Warrant Officer Mpangase had no control over when the investigating officer would take the exhibits for analysis and acknowledged the investigating officer could delay this for days or months.

“You had no control over that, did you? No. ... The IO could have done this the following day, they could have done it after three days, they could have done it after four months for all you know. Correct? Yes.”

Warrant Officer Mpangase made an entry that booked the exhibits out of the SAP 13 register on the basis they were going for analysis, knowing that the investigating officer might not take them for months, making the entry misleading.

“And yet you have made an entry that says, that books them out underlining booking them out of the SAP 13 register ... on the basis that they are going for analysis ... As you sit there, can you ever, ever say that that makes sense? That your entry makes sense?”

Warrant Officer Mpangase insists the entry makes sense to him as it refers to items going to be investigated eventually, not immediately, so timing was the investigating officer's responsibility.

“Yes, to me it makes sense because the entry ... is about things that were going to be investigated ... When the IO would investigate, it is none of my concern.”

Warrant Officer Mpangase was not the investigator and had no control over the timing for taking exhibits for analysis.

“you were not the investigator... you had no control over the timing , the investigator 's timing”

Warrant Officer Mpangase made a diary entry on 24 June stating he was booking out exhibits for investigation, which counsel alleges was false and misleading.

“that entry you made on the 24th of June is false ... you were not booking out the exhibits for investigation”

Warrant Officer Mpangase admitted he entered the said diary entry himself.

“No, it was not. I am the one who entered that entry.”

Samples for investigation were already taken on 23 June, before the diary entry on 24 June that stated exhibits were being taken out for investigation.

“a day earlier, on the 23rd ... you had already taken samples for investigation”

27-Jun diary entry was false and misleading as it did not relate to exhibits being sent to the laboratory for investigation, since that had already occurred on 23 June.

“that was false and misleading because that was not the purpose of that entry. It had nothing to do with exhibits being made available for the investigating officer to take them to the lab because that you had done the day before.”

Warrant Officer Mpangase stated he would not put a false entry in the diary; he asserts the entry was factual and truthful.

“I do not understand why would I put a false entry. What appears there is the fact. It is the way it is , the way I have stated it. It is not a lie.”

Warrant Officer Mpangase was holding the inquiry file for Colonel Jacob and was acting under his instructions on 23 June, including putting stuff in exhibit bags and taking samples.

“you were holding the inquiry file for Colonel Jacob ... He gave instructions on the 23rd ... You were acting because you were holding for him”

Warrant Officer Mpangase denied acting independently when making the SAP 13 entry regarding taking exhibits out.

“No, it is not so.”

Warrant Officer Mpangase said an exhibit clerk suggested booking the exhibits out from DPCI for analysis because the exhibits were kept at DPCI.

“he said or suggested that since we keep them in , since we keep them in that DPCI , then he said we must book them out”

Warrant Officer Mpangase admitted booking the exhibits out for analysis was a mistake and that booking out did not necessarily mean analysis would happen that day.

“firstly , it was a mistake from my part . The second one , that we booked them out for analysis . That does not mean you booked them for analysis , meaning on that specific day they are going to be analysed”

Advocate Baloyi accused Warrant Officer Mpangase of recording a false entry stating exhibits were taken out for investigation when in fact they were booked out for storage at DPCI.

“it is a lie that is recorded here that you are taking them out for investigation ... they were being booked out because , out of their book , you are taking them out of the SAP 13 because the clerk said ... So they are out of their book ... they are not there ... you know at that time ... they are stored somewhere else”

Warrant Officer Mpangase said it was per normal procedures and saw no reason to write the actual purpose of booking exhibits out.

“There was no reason for me to put that in . It was per the way we normally do things .”

Warrant Officer Mpangase said he took the exhibits out to use for investigation, for whatever purposes.

“Just take them out and use just right for investigation , for whatever purposes . So , we took them out .”

Colonel Jacob was still hands-on with the inquiry even when out of duty; Mpangase only spoke to him twice, when instructed to unpack exhibits and take samples, with no further interaction.

“Colonel Jacob was hands on even when he was out of duty ... I only spoke with him only twice ... instructing me to go and unpack the exhibits , as well as that I should go and take samples . Thereafter I never interacted with him regarding work”

There were 541 bricks of exhibits on the day in question, not 500.

“541”

Advocate Sikhakhane suggested some people may have tampered with the exhibits due to chaotic handling, but Warrant Officer Mpangase denied this and asserted the exhibit's integrity was maintained.

“everyone was moving about , it could have happened that some people may have tampered with the exhibits ... what you are saying is not so ... it was the integrity of the exhibit was contained”

Warrant Officer Mpangase denies hearing the statement about arranging forensic bags and booking exhibits as described by the highlighted part of the transcript.

“I did not hear him saying this”

Warrant Officer Mpangase does not remember who a certain person is, relating to interaction on the counting of exhibits.

“I do not even remember who this person is”

Commissioner Baloyi points out from an affidavit that Warrant Officer Mpangase also took samples on the 23rd, consistent with his diary.

“The deponent in this affidavit at 580 says the same thing. He says you took the samples on the 23rd”

Warrant Officer Mpangase acknowledges taking samples on the 23rd.

“Yes”

Warrant Officer Mpangase confirms a call on the 23rd in his diary and Van Den Berg's diary, not the 24th as stated in paragraph 17 of his statement.

“That next day can not be the 24th, it is the 23rd, on your diary and Van Den Berg's”

Warrant Officer Mpangase stated that he only discussed exhibit matters with Colonel Jacob on the 23rd and 24th and held the exhibit awaiting Jacob's instructions.

“Yes, it is possible ... Yes”

Warrant Officer Mpangase admits he planned to hold the exhibit and wait for Colonel Jacob before taking further action or investigation.

“Yes”

Warrant Officer Mpangase confirms the evidence that exhibits must be sampled within seven days.

“Yes, within seven days”

Warrant Officer Mpangase cannot recall whether he accompanied Colonel Jacob to the depot on 30th July but acknowledges it is possible.

“I just cannot remember, but it is possible”

Warrant Officer Mpangase did not take any statements from people at the depot in June or July.

“No, never”

Commissioner Baloyi suggests scenarios that Colonel Jacob exploited Warrant Officer Mpangase's ignorance and sought to remain in control over the exhibits.

“Either Colonel Jacob was exploiting your ignorance or ignorance for this operation... he was the one that was giving you instructions, but he remained the mastermind around these exhibits. He wanted to be in control”

Warrant Officer Mpangase denies with certainty that Colonel Jacob exploited his ignorance in the matter of the exhibits.

“I would never say that with any certainty if that was the case”

Warrant Officer Mpangase left the employ of DPCI in November 2021.

“2021 ... November, I think”

Warrant Officer Mpangase states reasons for leaving DPCI are personal and cannot disclose in open forum.

“There are reasons, but these reasons are personal. I cannot say that in this open forum”

Warrant Officer Mpangase confirms he was not due for retirement when he left DPCI in November 2021.

“No”

Warrant Officer Mpangase confirms he is presently back in the SAPS since 14 February 2026.

“Yes, that is so ... 14 February ... 2026, yes”

Warrant Officer Mpangase resigned from DPCI before 7-8 November 2021 when exhibits were stolen but was still around when the theft happened, having put in resignation earlier with immediate effect.

“I left before. I resigned before ... No, what I mean by resignation is that I put the application there of, but when they were stolen I was still around”

Warrant Officer Mpangase requested and returned the keys in relation to a drug bust investigation.

“I think it was Mpangase, Warrant Officer Mpangase that requested the keys and returned them”

Exhibits were subsequently transferred to Port Shepstone offices where Warrent Officer Mpangase signed for the keys, and the exhibits were bagged and booked in at the SAP13 register in Port Shepstone.

“Then they were subsequently transferred to ... To Port Shepstone offices. ... when Warrant Officer Mpangase came to sign for the keys, the exhibits were bagged and booked at SAP13 at Port Shepstone.”

Warrant Officer Mpangase never opened the safe alone when dealing with the seized drugs; he was always accompanied by someone else as informed to the commissioner.

“He never went there alone to go and open the safe . He was not alone . But when he came to sign for the keys in my office , he just came alone”

There is no record of who was present with Warrant Officer Mpangase while handling the drugs on the 23rd and 24th at Port Shepstone.

“We do not have a record of who at Port Shepstone would have been present with him while he is handling the drugs on the 23rd and the 24th . We do not have that”

Warrant Officer Vanden Berg assisted Warrant Officer Mpangase in sealing and numbering the seals of the drugs on the 23rd and 24th at Port Shepstone.

“Prinsloo , Colonel Prinsloo tells us that on the 23rd and the 24th , they were assisted by Warrant Officer Vanden Berg .”

The SAP13 officers do not have keys or control over the drugs exhibits; the authorisation and custodianship over access and keys was with Warrant Officer Mpangase.

“they do not have the key. They do not have control ... When Warrant Officer Mpangase comes in, they have no idea what is happening ... you were the one that was authorising access to these, you were keeping the key ... you became the custodian because nobody else had control over that activity”

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.”

Mpangase tendered his resignation effective 1st December.

“Mpangase has tendered his resignation with immediate effect, or effective the 1st of December.”

General Senona and Commissioner Baloyi differ in their understandings about the booking in and out of certain items at Port Shepstone SAP 13; however, the register shows the items were correctly booked in and out.

“General Senona had said ... they were booked into Port Shepstone SAP 13 and booked out, and Commissioner Baloyi had a different understanding. ... it is all the bags taken for investigation and signed by Warrant Officer Mpangase ... your understanding was correct that they were also booked in and booked out in the Port Shepstone SAP 13 register.”

Warrant Officer Mpangase from the SANEB section reported involvement in a suspected drug shipping container operation at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase from the SANEB section. He reports to Lieutenant Colonel Jacob who was the SANEB team leader at the time. He informed me that he was contacted by Crime Intelligence regarding a suspected drug shipping container at Isipingo.”

Warrant Officer Mpangase informed that Isipingo SAPS did not have exhibit bags and the exhibits were booked out again, which was a concern as it compromised chain of custody but was accepted because Mpangase was with the exhibits throughout.

“He informed me that Isipingo SAPS did not have exhibit bags but that the exhibits were entered into the Isipingo SAPS and booked out again. This was a concern for me because, as an investigator, I knew that the chain of custody must be preserved. However, since I was informed that Warrant Officer Mpangase had remained with the exhibit throughout, the chain of custody was preserved.”

The strong room was locked, and General Senona requested both original and spare keys, which Warrant Officer Mpangase gave to him in the witness's presence.

“The strong room was locked and General Senona asked that both set of keys, original and spare keys, be given to him. Warrant Officer Mpangase gave both set of keys to General Senona in my presence.”

General Senona instructed that Warrant Officer Mpangase would take samples of the exhibit in the strong room.

“General Senona called me and told me to inform Lieutenant Colonel Prinsloo that Warrant Officer Mpangase would be going to the strong room to take samples of the exhibit.”

Brigadier Nyuswa recalls that he was contacted by Warrant Officer Mpangase who reported to Colonel Jacob regarding suspected drugs in a container at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase. He reported to Colonel Jacob, who was the SANAB team leader at the time. Warrant Officer Mpangase informed me that he was contacted by Crime Intelligence regarding suspected drugs in a container at Isipingo.”

Warrant Officer Mpangase told Brigadier Nyuswa that Crime Intelligence specifically requested Colonel Jacob for this operation.

“Mpangase did tell me that.”

Brigadier Nyuswa was not aware that Colonel Jacob was on leave until told by Warrant Officer Mpangase.

“I was not aware that Colonel Jacob was on leave until Warrant Officer Mpangase told you.”

Brigadier Nyuswa was told by Warrant Officer Mpangase that he was going with Lieutenant Colonel Jacob on the operation.

“you get told that it is Warrant Officer Mpangase going with Lieutenant Colonel Jacob.”

Warrant Officer Mpangase always maintains custody of exhibits from the time they are seized at the scene.

“custody is that Mpangase's, Warrant Officer Mpangase's, always with the exhibits from the time that they seize it at the scene”

Colonel Jacob, Warrant Officer Mpangase, and Warrant Officer Sibiya are the only three people from the same unit involved in leaving the crime scene with the exhibits.

“we know that we had Colonel Jacob, Mpangase, who we know was specifically requested by the Crime Intelligence Officer , and they rope in Warrant Officer Sibiya. So it is the three of them, all from the same unit”

Brigadier Nyuswa accepts that the evidence chain was compromised because exhibits were not placed in bags immediately at the crime scene, but explains that this is a practical reality often due to operational constraints, and asserts that the risks of wrongdoing are minimal when a small, specifically selected, connected team is involved rather than unrelated multiple teams.

“chain of evidence is already compromised when they leave ... Sometimes it is practically not possible ... Most cases, when these incidents are occurring, there is multiple people ... The chances of anyone doing something wrong are very minimal ... except in cases where they are all acting in concert ... You have got a team of specifically selected people ... Two of them say they were selected by the Crime Intelligence Officer ... So your reasoning that it is unlikely that anyone would do anything inappropriate when there are multiple players does not apply in this case ... I concede”

Lieutenant-Colonel Prinsloo and Mpangase along with other members were counting the black bags at Port Shepstone, not the individual bricks inside the bags which had been presumably counted at Isipingo.

“And Lieutenant-Colonel Prinsloo and Mpangase and the members were counting these bags, not counting the bricks, counting the bags.”

Brigadier Nyuswa confirms he only learned at Port Shepstone that the exhibits were not sealed in exhibit bags and instructed Mpangase to ensure exhibits were put into exhibit bags and registered into SAP13.

“You only get to know when you are there that they did not put it in the sealed bags. That is why you then give Mpangase that instruction to do it.”

Disciplining Warrant Officer Mpangase for not ensuring exhibits were bagged was the Unit Commander's responsibility, not Brigadier Nyuswa's.

“You, as a line officer, can discipline Warrant Officer Mpangase for not ensuring that the exhibits were in exhibit bags. It is a question ... It has to be done by the Unit Commander.”

Brigadier Nyuswa agrees he was responsible to take action once he saw Warrant Officer Mpangase did not ensure exhibits were bagged at Port Shepstone.

“So you were responsible to take action once you saw that Mpangase did not ensure that the exhibits are in exhibit bags when they were left at Port Shepstone. Yes.”

Brigadier Nyuswa approved signing on Warrant Officer Mpangase's colleague, Colonel Jacob, to duty following a request from Crime Intelligence, despite Colonel Jacob being on leave and not personally signed on.

“We know that from his evidence ... that he was effectively signed on duty by Warrant Officer Mpangase because you did not speak to him ... He is on leave. You and him say Mpangase called you ... you approved it. So you signed him on to duty.”

The investigation exhibits were created by recommendation of the witness but instructions were given by General Senona, who held the key and liaised with Mpangase.

“the boss is the one that made these. You only recommended it and General Senona is the one that gave the instruction, creating, and ... He held the key. And effectively liaising with Mpangase.”

On 22 June 2021, Warrant Officer Mpangase requested Lieutenant-Colonel Sibiya to assist him in following up information concerning a possible drug bust.

“On the 22nd June 021, Warrant Officer Mpangase requested me to assist him and Lieutenant-Colonel Jacob to follow up upon information concerning a possible drug bust.”

On 22 June 2021, Lieutenant-Colonel Jacob, Warrant Officer Mpangase, Captain Duma and Lieutenant-Colonel Sibiya met an African male introduced by Captain Duma from Crime Intelligence Unit, who provided information about 27 bricks of pure cocaine stored inside a container at CHC Depot 14th Avenue East in Prospecton.

“We met an African male who was introduced by Lieutenant Colonel Jacoba as Captain Duma from Crime Intelligence Unit. Captain Duma addressed us. Lieutenant Colonel Jacoba and Warrant Officer Mpangase and indicated that he has information from an informer about 27 bricks of pure Cocaines stored inside the container at CHC Depot at 14th Avenue East in Prospecton.”

Approximately 541 bricks of suspected cocaine were counted and booked out as exhibits at Isipingo SAPS by Warrant Officer Mpangase.

“The total number of the bricks from the 27 bags was 541 bricks suspected Cocaine. All the exhibits were entered in the Isipingo SAP 13373/2021 by Warrant Officer Mpangase and booked them out.”

At Isipingo SAPS there was a shortage of forensic exhibit bags to properly store the drugs, leading to a request for exhibit bags from the charge office, which also did not have them.

“Warrant Officer Mpangase requested for the exhibit bag from Warrant Officer Perumal. However, Perumal indicated that he did not have any forensic bags. Warrant Officer Mpangase requested that I must go and request for the bags at the charge office. I went to request for the bags at the charge office. Members indicated that they do not have forensic bags.”

On 23 June 2021, Lieutenant-Colonel Sibiya was informed by Warrant Officer Mpangase that they needed to go to Port Shepstone to place the exhibit inside forensic bags and collect keys from provincial office due to no parking at the site.

“On the 23rd June 2021 in the morning, I was informed by Warrant Officer Mpangase that we needed to go to Port Shepstone to place the exhibit inside the forensic bags. We then went to provincial office to collect the keys. We remained in the vehicles since there was no parking and Warrant Officer Mpangase picked up the keys.”

Warrant Officer Mpangase collected keys from the safe and took samples from exhibits at Port Shepstone DPCI, and these were entered and booked out in the SAPS records.

“The safe was opened by Warrant Officer Mpangase in their presence and he took the sample from the exhibits and we went to Port Shepstone SAPS with Warrant Officer Mkhomo from Port Shepstone Organized Crime SOCI and the exhibit were entered in the Port Shepstone SAPS 138H9/2021 by Warrant Officer Mpangase and he also booked them out.”

Warrant Officer Mpangase handed over five samples and an enquiry file to the speaker to hand over to Lieutenant Colonel Jacob the following day.

“Warrant Officer handed over to me five samples and an enquiry file to hand it over to Lieutenant Colonel Jacob on the following day.”

On 1 July 2021, Lieutenant Colonel Jacob requested the speaker to accompany him and Warrant Officer Mpangase to CHC Depot to unpack a container with 5395 50kg bags of animal feed according to the packing list.

“On the 1st July 2021 I was requested by Lieutenant Colonel Jacob to go with him and Warrant Officer Mpangase to CHC Depot do an unpack on the container. We proceeded there. We conducted a count of a total of 5395 bags of 50 kg bags of the animal feed. This corresponded with the packing list.”

The speaker denies failing to cordon off the crime scene, stating that Warrant Officer Mpangase received the initial information and Lieutenant Colonel Jacob assumed command, so establishing the cordon was their responsibility, not the speaker's.

“I deny that I failed to cordon off the crime scene. Paragraph 11(3)(a) of National Instruction 1/2015, this is a duty to secure and protect the crime scene by establishing an inner and outer cordon falls squarely on the first responder. As stated above, I was not the first responder. Warrant Officer Mpangase received the initial information and Lieutenant Colonel Jacob as the senior officer assumed command. The responsibility to make the initial scene safe and to establish a cordoning thereof, rested with them and subsequently with Lieutenant Colonel Jacob as the crime scene commander. I was acting under their command and was never instructed to perform this function, nor would it have been within my mandate to do so without such instruction.”

The speaker confirms his presence at the scene with Lieutenant Colonel Jacob and Warrant Officer Mpangase, asserting his actions were consistent with a subordinate officer providing support, denying involvement in any theft of the exhibits, and noting he was attending training at SAPS Paarl Academy during the incident.

“I can confirm that I was present on this scene and give the overwhelming and significant scope of the seizure and the complexity in circumstances at the CHC Depot. My actions were limited, transparent, consistent with the duties of the subordinate officer , mainly providing support and manpower. There is no actual basis to suggest I was a party to the design or coincided that Major General Flynn alleges. I wish to inform the Commission of my strong commitment to policy . Having served diligently in the force for the past two decades with pride , I categorically state that I was not involved in the theft of this exhibit. Additionally , at the time of the incident , I was attending training at SAPS Paarl Academy in Western Cape. The course commenced on the 17th October 2021 to the 3rd December . During this duration of training , I only travelled once to Durban, KZN on the 29th October 2021 till the 2nd November 2021.”

Lt-Col Sibiya presented five sample exhibits to Warrant Officer Mpangase in Durban between June 24 and before July 1, 2021, who then handed them to Colonel Jacob the following day at the office.

“The five samples were with the investigating officer, Warrant Officer Mpangase. In Durban. ... He says to me tomorrow he will not be in the office in the morning, so he wants me to hand over these five samples and enquiry to Colonel Jacob. Then I took possession of the sample and enquiry, put them in my steel cabinet. The following day ... Colonel Jacob was present. Then the following day I handed over the enquiry and the samples.”

Lt-Col Sibiya states that Warrant Officer Mpangase and Colonel Jacob did not act according to the National Instruction in relation to the scene investigated.

“They were not according to the National Instruction.”

Lieutenant Colonel Sibiya does not consider the instructions and decisions made by Colonel Jacob and Warrant Officer Mpangase as lawful.

“would you say that those decisions that were taken and the instructions were lawful, that were done by Colonel Jacob and Warrant Officer Mpangase ? No”

Lieutenant Colonel Sibiya acknowledges that he was asked to handle important tasks such as sampling and handling exhibits alongside Warrant Officer Mpangase.

“you accept that you were tasked at various instances. You went with Warrant Officer Mpangase for sampling and you were handling the exhibits. Yes.”

Lieutenant Colonel Sibiya accepts he was third in line of involvement after Captain Duma and Colonel Jacob, and below Warrant Officer Mpangase in the investigation tasks before 1st July.

“Of all the individuals that were involved in the scene and subsequently up to the 1st of July, in terms of the tasks, you were the third in line... Captain Duma... Jacob who was in charge... Warrant Officer Mpangase... and then yourself... Yes, you can say I was the third one...”

Lieutenant Colonel Sibiya had subordinate relationship with Colonel Jacob and was just a colleague to Warrant Officer Mpangase.

“Subordinate relationship... No social relationship... Just a colleague”

Lieutenant Colonel Sibiya confirms it was his first container inspection, and he was asked by Mpangase to assist following a possible drug bust, though he found this curious.

“It was my first container inspection ... When you were suddenly asked by Mpangase to come and assist to follow up in a possible drug bust.”

Colonel Jacob and Warrant Officer Mpangase were from SANEB and took the lead during the evidence collection at the crime scene and depot, while LT-Col Sibiya did not make notes as he trusted the investigating officers.

“...Colonel Jacob and Warrant Officer Mpangase, they were from SANEB, so they had to take the lead. For me, I did not even make notes, because I knew that the investigating officer and the crime scene manager, they are there...”

LT-Col Sibiya confirms that Warrant Officer Mpangase requested assistance from him because he was in possession of the state car during the drug bust operation.

“Initially, Warrant Officer Mpangase acted as if, because I was in possession of the state car, so he requires my assistance.”

Warrant Officer Mpangase told LT-Col Sibiya that Colonel Jacob was off duty but will report on duty for them to pick him up.

“...Mpangase told me that no, Colonel Jacob will report on duty, that is why we are going to pick him up.”

LT-COLSIBIYA and another officer, Mpangase, were in the parking area and observed the movement around the management offices, possibly identifying other places where containers could have been placed for inspection.

“myself and Mpangase, we were maine[d] in the parking, and then they went around to the management offices ... maybe they were able to identify other places that they could have placed a container”

Colonel Sibiya denies that he, Colonel Jacob, Duma, and Mpangase together approached the depot manager; he states only Colonel Jacob and Duma went to the office while he stood in the parking area.

“No, that is incorrect. It is incorrect. I never went to the office. We were standing in the parking. It is only the two that went to the office.”

Lt-Col Sibiya was going to the depot to conduct a drug bust operation and was informed by Mpangase to request assistance.

“I was just informed by Mpangase, requesting assistance ... when I got to CSC depot, there are drugs”

Lt-Col Sibiya informed Captain Majola before going and after returning about the activities he was requested to assist with by Warrant Officer Mpangase who placed him on duty.

“I informed him to say I have been requested by Warrant Officer Mpangase to assist him. He said, no problem. ... Then in the morning on the 23rd, I briefed him of what has transpired on the 22nd. Then he was all right.”

Colonel Jacob had a brief conversation with Warrant Officer Mpangase and then instructed members from ORS to assist with taking exhibits to the police station.

“Colonel Jacob had a brief conversation with Mpangase, and then Colonel Jacob went on and requested members from ORS to assist. Then he then informed us that they are going to come, they will be assisting us, then we need to load the bags and go to Isipingo.”

Warrant Officer Mpangase's diary did not record any explanation for departure from the National Instruction of bagging, counting, and calling LCRC at the scene, which is a breach of instruction.

“He does not give that explanation, and it is an important thing, you would agree, right? Because it is a breach of your instruction, National Instruction. Breach as in the instruction is clear. It says you must bag, you must count, you must bag on the scene, you must call LCRC.”

Three vehicles were used to travel to Isipingo carrying exhibit bags and personnel from ORS and other officers including Colonel Jacob, Warrant Officer Mpangase, and Captain Duma.

“it was three vehicles. It was the Hyundai H1 that was carrying all the exhibit with the members from ORS. And the Golf that I was driving with myself, Colonel Jacob and Warrant Officer Mpangase and Captain Duma's Corolla behind us”

Colonel Jacob briefed LT-Col Sibiya and Warrant Officer Mpangase during the trip to Isipingo because they did not have enough bags and needed to gather more there.

“He indicated that due to the fact that we did not have enough bags and we must proceed to Isipingo so that we can gather more bags and bag the exhibits”

There is disagreement between Lt-Col Sibiya and others (including Mpangase and Colonel Jacob) about the role and participation of ORS in the counting operation, specifically whether ORS were part of the operation or merely providing transport.

“Mpangase does not mention them as part of his operation. He mentions you and Jacob and Duma, and Jacob, rather, and Duma. He does not mention them as part of an operation, including in the counting. You are the only one that is mentioning them as part of the operation to the point where you say they waited for the SAP 13. They were called for that. That is what they say in their statements. They helped transport this consignment to Isipingo. Maybe let me remove the words say part of the operation, but they participated in the operation by conveying the drugs from the depot to the police station.”

There is an important issue regarding the National Instruction requiring that exhibits be dealt with at the police station where the crime occurred, but the diary of Mpangase does not record how exhibits ended up in Port Shepstone; only Sibiya and Jacob claim this, and Jacob later retracted his firm position.

“You will agree it is an important issue because the National Instruction does require you to do all of this at the police station where the crime occurred. Now, the diary of Mpangase does not record such an important fact that would explain the anomaly and irregularity of taking these exhibits to Port Shepstone. How do they land in Port Shepstone? There is no record of that. It is you and, it is only you and Jacob in the written statements who say this, but now it is only you because Jacob in his testimony ended up retracting his firm position in saying, actually, I do not remember explicitly asking him or having a discussion with him about space.”

Several statements (including by Colonel Jacob and Mpangase) contradict Lt-Col Sibiya's account about the conversation regarding lack of space and storage of the exhibits, making his account incorrect.

“Jacob, that you say, had a conversation with Perumal, says I never engaged him about this. Mpangase says nothing about it. He signs out, Mpangase signs out for analysis. So all of those things, they indicate that your account about this issue, it cannot be correct.”

Warrant Officer Mpangase entered exhibits into the SAP 13 register and the member in charge was Warrant Officer Perumal, who acknowledged and immediately booked out the exhibits.

“Warrant Officer Mpangase entered the exhibits into the SAP 13. The member in charge of the SAP 13 was Warrant Officer Perumal. The exhibits were acknowledged by him and immediately booked out by Warrant Officer Mpangase.”

There was a discussion about exhibit bags between Warrant Officer Perumal and Warrant Officer Mpangase, leading to the request to the Charge Office for more bags because the bags in the car were insufficient.

“Warrant Officer Mpangase requested for the exhibit bags from Warrant Officer Perumal. However, he, that is Warrant Officer Perumal, indicated that he did not have any forensic bags. There was a discussion, hence I had to go to the Charge Office to request because I was the only one who knew, I think, less than five bags that I had in the car.”

Warrant Officer Perumal said he does not have evidence bags, but LT-Colsibiya thought he spoke only for himself and not on behalf of the station.

“Perumal said he does not have evidence bags. I thought he was speaking for himself and I was also requested by Mpangase to go and check the bags at the CSC. That is why I went.”

LT-Colsibiya did not phone other police stations to source exhibit bags because Warrant Officer Mpangase had started completing the exhibit register (SAP 13).

“I could see that Warrant Officer Mpangase has started completing the register, the SAP 13 now. So there was no need for me to even think of trying to source for the exhibit bag because he already started entering the exhibit in the SAP 13.”

Warrant Officer Mpangase completed SAP13 forms without using forensic evidence bags, which is contrary to procedures.

“You see Warrant Officer Mpangase completing the SAP13 without these exhibits being put in evidence bags”

Warrant Officer Mpangase took charge of the exhibits after Colonel Jacob left and remained senior to Colonel Jacobi.

“Warrant Officer Mpangase took charge as Colonel Jacob left. He is my senior. He was an investigating officer, and Colonel Jacob handed over to him.”

Lt Colonel Jacobi travelled with Warrant Officer Mpangase and a member of the Tracking Team from Isipingo to Port Shepstone for the transport of exhibits.

“Then you travel with him in the car. It is the two of you. From Isipingo? Not the two of us. One of the guys from the Tracking Team also jumped in with us.”

After Warrant Officer Mpangase was in charge, he briefed the escort team to load the exhibits, informing them that the exhibits were drugs and needed to be escorted to Port Shepstone.

“Mpangase now was in charge, we waited for the escort. As soon as the escort arrived, Mpangase briefed the escort to say that we have got drugs here, we need to load them in the vehicles, and we are escorting them to Port Shepstone.”

There was an issue with drug exhibits being unaccounted for in the SAPS system as they were booked out for analysis but did not appear in the SAPS records until after the following day.

“there was no record of it . You booked them out ... they landed at a place which is not recorded anywhere in the system until you are back the following day . They are not in bags , in evidence bags , and they are not recorded in any SAPS system at that point”

Mpangase was instructed by Colonel Jacob to go to Port Shepstone to take samples and then book the exhibit into the SAP 13 system, taking samples before the booking occurred.

“Mpangase informed me that he was advised by Colonel Jacob to go to Port Shepstone , take samples , and then book the exhibit at the SAP 13 ... He took samples even before he booked them”

Lt-Col Sibiya was present in the vault when samples were taken and handed over five samples to Lt General Jacob the following day, which is not improper handling under the law.

“I was present in the vault when the samples were taken ... Warrant Officer Mpangase handed over to me five samples and then qualified to hand it to Lieutenant General Jacob on the following day ... there is nothing wrong with that”

Warrant Officer Mpangase was the one who fetched the keys from General Senona's office; Lt-Col Sibiya was driving and did not go to the office.

“I was driving ... Warrant Officer Gumede ... There is only Mpangase who went up to fetch the key and came back to us”