SAP 13

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...”

If the Exhibit Office register at Port Shepstone reflects storage of drugs on 23rd, then anyone with access to that register would know of the drug storage at the DPCI Port Shepstone office.

“if these exhibits had to be logged or recorded on the 23rd at the, in the book, the SAP 13 at Port Shepstone, then it means anybody who has access to that also knows that the drugs are stored at the DPCI Port Shepstone office”

MAJ-GEN SENONA limited response on the SAP 13 register to the Isipingo SAP 13 and did not address storage facilities at Port Shepstone in that context, despite questions about it.

“your response to the Commission in 29 January ‘26 confined itself to the Isipingo SAP 13 ... I want to go beyond that ... because I want to confine my question to the Port Shepstone storage”

MAJ-GEN SENONA testified that drugs were seized at Isipingo police station and that Isipingo members booked the exhibits at SAPS Isipingo, but Isipingo did not have storage facilities; seizure could be recorded in SAP 13.

“there were drugs seized there ... it is a police station called Isipingo ... members went to Isipingo to book the exhibits ... members that Isipingo said they do not have storage facility but seizure can be written into the SAP 13”

Brigadier Nyuswa concedes that it was not proper procedure to take samples of exhibits at a point when the exhibits were not yet registered in SAP 13 records.

“I concede. That was not proper procedure, what happened here.”

Brigadier Nyuswa agrees that the correct procedure would have been to first book the exhibits into SAP 13 at the Port Shepstone police station before storing them in the DPCI safe.

“Correct, Commissioner. That would be the correct procedure.”

Statements and forensic reports contradict about the number and bags of bricks of drugs sent to forensic lab, causing suspicion of missing or stolen exhibits.

“The analyst report talks about 715 bricks received at forensic; Morriss and SAP13 count 700 bricks plus one sent later without SAP13 number; concerned about discrepancy.”

ORS members left before the complete counting operation finished and did not consider waiting for the SAP 13 as their operation.

“They got there. Your bags were offloaded and they left to go and carry on with their job. So waiting for the SAP 13 does not come into it because they say it was not their operation. They were just a lift to you. They were not helping with your operation.”

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.”

The SAP 13 exhibits are signed out for analysis and not because of lack of storage space; whoever completed the SAP 13 does not indicate it was due to space issues and the purpose is analysis.

“The exhibits are signed out for analysis, not because of space. Whoever completed that SAP 13 does not say, because we have no space, we are taking it to storage. He says we are signing it out for analysis.”

Colonel Jacob referenced an implicit norm that large amounts of drugs are booked out of station SAP 13 for safe storage, distinct from stating there is no physical space in the station.

“Warrant Officer Perumals implicitly indicated that they did not have space and it is the norm for large amounts of drugs to be booked out of the station SAP 13 for safe storage.”

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.”

The exhibits could not be accommodated at the station and arrangements were made for them to be stored at a secure location in Port Shepstone, but it is not stated that Warrant Officer Perumal was the source of this statement or he refused to accommodate exhibits.

“The exhibits could not be accommodated at the station and arrangements were made for it to be stored at a secure location in Port Shepstone. It does not say that Warrant Officer Perumal said that he could not accommodate them. It does not suggest that that came from Warrant Officer Perumal.”

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 the SAP 13 form or logbook related to a case at Isipingo.

“the SAP 13 form or logbook was being completed ... by Warrant Officer Mpangase”

COLONEL JACOB became aware of the contents of the SAP 13 form only subsequent to a theft and while watching the Commission.

“I only became aware of it subsequent to the theft ... while watching the Commission”

Warrant Officer Mpangase is identified as the custodian of the exhibits once they were booked out from SAP 13, responsible for signing the exhibits out for analysis.

“...it was Warrant Officer Mpangase that had booked in the exhibits, and then ... he books them out for analysis... the custodian of those exhibits is now Warrant Officer Mpangase.”

Colonel Jacob explained the method of taking samples from the bricks involving opening bags, making incisions on bricks, taking powder samples, resealing and re-bagging exhibits, but noted there was no record of this sampling in SAP 13 at the time he took them to the lab.

“You can open a bag, make an incision on the brick, take out a minute quantity of powder, do that for 5 different bags and 5 different bricks...I was not mindful that there is no record of it anywhere, in any SAP 13...”

The intelligence operative sometimes arrives on scene and sometimes remains unseen to gather information that gets accounted for in the SAP 13 system.

“The intelligence operative that tips you off, and you say sometimes they will be on the scene and sometimes they are ghosts because they do not want to be seen, do they eventually get to know that what was offloaded, what they were tipped and what was offloaded is in fact fully accounted for on your SAP 13?”

Lt-Col Duma stated he tried to do his work to the best of his ability on the day of the operation, which was conducted successfully with the drugs booked in SAP 13 as intended.

“on my side , I tried to do my work , which I did it to the best of my ability on the day and the information provided was positive . The operation was conducted successfully . The drugs were … in the SAP 13 , where I wanted them to be and I was happy on that day .”

You can only see the contents of an evidence bag when it is physically drawn and shown; the system itself only tracks the serial number, and more details must be obtained from SAP 13 where it was logged at the police station.

“You will only see what was in the evidence bag when it is drawn... If we wanted to know what was in that bag, we would have to go and look at the SAP 13 where it was logged at the police station.”

The lab does not keep its own detailed record of the actual contents or number of items in the evidence bags; this information is only found at the SAP 13 where the bag was logged.

“The lab does not keep its own record of what was brought in... If you want to know how many bags were brought, the only place you go to is the SAP 13... That is how it works.”

The property seized in Port Shepstone should be locked in a temporary storage facility at CSC and then handed over to the Station Commander or exhibit official, who was Warrant Officer Perumal at the relevant time.

“a l l p r o p e r t y e n t e r e d i n t h e S A P 1 3 m u s t b e l o c k e d i n a t e m p o r a r y s t o r a g e f a c i l i t y a t C S C , w h e r e t h e y m u s t b e k e p t s a f e l y u n t i l h a n d e d o v e r t o t h e S t a t i o n C o m m a n d e r o r e x h i b i t o f f i c i a l . I n t h e c a s e o f t h e P o r t S h e p s t o n e s e i z u r e a n d t h e S A P e n t r y a t I s i p i n g o , w h o w o u l d h a v e a t t h e t i m e b e e n t h e e x h i b i t o f f i c i a l ? W a r r a n t O f f i c e r P e r u m a l”

The SAP 13(g) transfer document is a required, separate document completed by SAP 13 officials whenever exhibits are transferred from one police station to another or between SAP 13 stores.

““ T h e t r a n s f e r d o c u m e n t , S A P 1 3 ( g ) i s c o m p l e t e d b y t h e S A P 1 3 o f f i c i a l i n a l l i n s t a n c e s w h e r e e x h i b i t s a r e t r a n s f e r r e d f r o m o n e p o l i c e s t a t i o n t o a n o t h e r o r b e t w e e n S A P 1 3 s t o r e s .””

The transfer document regulated by SAP 13 is a separate document and not part of the actual register where exhibits are entered into.

“C o m m i s s i o n e r s , i t i s a s e p a r a t e d o c u m e n t . I t d o e s n o t f o r m p a r t o f t h e a c t u a l r e g i s t e r”

Sub 3 of the SAP 13 regulation lists the information required to be provided in the transfer document.

“s u b 3 , a s I u n d e r s t a n d i t , l is t s t h e i n f o r m a t i o n t h a t m u s t b e p r o v i d e d i n t h i s s e p a r a t e d o c u m e n t t h a t i s c a l l e d a t r a n s f e r d o c u m e n t”

Both the transferring station (Isipingo Police Station) and the receiving station (Port Shepstone Police Station) are required to complete the transfer documents according to sub 3 and sub 5 of the SAP 13 regulations.

“s u b 3 r e g u l a t e s t h e r e q u i r e m e n t f o r a t r a n s f e r d o c u m e n t b y t h e t r a n s f e r r i n g s t a t i o n . ... s u b 5 r e g u l a t e s t h e r e q u i r e m e n t s f o r a t r a n s f e r d o c u m e n t b y t h e r e c e i v i n g s t a t i o n ... In our instance, in this particular case, that would be Isipingo Police Station ... and receiving station ... Port Shepstone Police Station”

No transfer document or document template capturing the requirements of SAP 13 sub 3 or sub 5 has been seen by MAJ-GEN FLYNN.

“I a m n o t a w a r e o f a n y s u c h d o c u m e n t s ... I a m n o t a w a r e o f a n y s u c h d o c u m e n t”

There was non-compliance with the transfer of exhibits from Isipingo to Port Shepstone Police Station as per SAP 13 requirements.

“T h e r e w a s n o n - c o m p l i a n c e”

The SAP 13 entry dated 22-06-2021 describes a DPCI inquiry number related to the investigation and refers to a package containing suspected cocaine.

“there is an entry 373 dated 22-06-2021... it is just reflecting 41, and then in brackets 541, multi one kilogram brick containing powder suspected to be Cocaine”

Each exhibit must be individually identified and described in the SAP 13 register at the first station where the crime is committed, consistent with National Instruction 8/2017, but the descriptions in the document are insufficient.

“I do not see any further description as I think contemplated by the National Instruction 8/2017 that each exhibit must be individually identified in the receiving, no, in the first station where the crime is committed... that is the totality of the description of the exhibit ... inconsistent with the response you gave that each single piece of exhibit has to be individually listed in the SAP 13”

If the exhibits had been properly handled at the crime scene, they would have been sealed and entered into the SAP 13 register at Isipingo police station, but this did not happen.

“at least we know from, and if the crime scene had been properly handled, then the exhibits... would have then been entered into the SAP 13 at Isipingo”

The entries in the SAP 13 register document the booking-in and booking-out process of evidence items at police stations, including transfer to another police station.

“we are having a conversation regarding the book-in, book-out process, that that requires registration in the receiving SAP 13 ... and immediately booked out to another police station where an SAP 13 would be completed”

The seized drugs which were not tested were properly handled, recorded, and remained secure at the police station, never stolen or tampered with, before being sent to the Forensic Science Laboratory intact.

“the crimes scenes were dealt with correctly and the exhibits found its way into a SAP 13, remained in a SAP 13 at the police station. It was never stolen or tampered with and then submitted to the FSL... it arrived at the Forensic Science Laboratory intact.”

There are protocols around seizure and storage of specific drugs including the use of forensic evidence bags marked with SAP 13 numbers.

“speaks to a protocol that must be adopted in the storage of the specific drugs as are listed there ... sealing and forensic evidence bags and have to be marked with the SAP13 number”

The SAP 13 is an exhibit register kept in the community service centre or charge office, where officials enter details of exhibits and the clerk acknowledges receipt, placing exhibits in safe custody.

“Well, Commissioners, the procedure is that the SAP 13 or the exhibit register during normal or 24-hour basis is kept in the community service centre or the charge office as it is known. So whenever exhibits need to be entered, the official like Warrant Officer Mpangase would then get hold of the register and then enter all the exhibits into that register and sign that he is handing that exhibits into the register. So, he will have to give a full explanation of the exhibits that is being handed in, the exhibits seal numbers, the contents of the exhibits, etcetera. So, there is a whole array of aspects that need to be covered when exhibits are entered into that register. Subsequent to that, the officer in command of the SAP 13 or commonly known as the SAP 13 clerk will then acknowledge the exhibits, so he will sign for the exhibits and then place it in safe custody within the walking safe at that specific police station.”

The DPCI has authority to have separate SAP 13 facilities and can lawfully remove exhibits from Isipingo SAPS to their warehouse at Port Shepstone.

“There are provisions in the National Instructions that the DPCI is having authority to have separate SAP 13 facilities... It is lawfully removed indeed”

General Senona was present at Port Shepstone when exhibits were placed in the SAP 13 facility or vault.

“General Senona was present at Port Shepstone when the exhibits were placed in the SAP 13 facility or the vault”