Warrant Officer Phakula

Colonel Maluleka from DPCI National confirmed to General Khan that he was in charge as Warrant Officer Phakula was handling the scene, but this was ignored.

“Colonel Maluleka from DPCI National confirmed to General Khan that he was in charge as Warrant Officer Phakula was in the process of handling the scene over to him, yet that was disregarded.”

Mr Nku requested to leave the scene at Aeroton before the arrival of Warrant Officer Phakula, and asked Chief Mashaba to leave as well, citing waiting for the Crime Scene Manager who might have questions for Chief Mashaba.

“I requested to leave . I requested Chief Mashaba to leave . And the reason provided was wait for the Crime Scene Manager, he might have questions for you .”

A dispute arose regarding call logs when a warrant officer (Phakula) used a state phone for calls, complicating retrieval of call data.

“The dispute was on his call because he used a state phone. By then I did not know that he was using a state phone. The dispute was regarding those calls.”

Warrant Officer Phakula spoke to his Commander Colonel Sephungu who in turn spoke to General Khan, as confirmed through call records.

“Yes, indeed, he did speak to his Commander, Colonel Sephungu. Even Colonel Sephungu, we did check to say, okay, indeed, he did speak to General Khan.”

Extracted cell phone data from Joseph Marumo's phone was used to confirm communications among suspects including Mashaba, Magane, and Warrant Officer Phakula but excluding Tumelo because there was no communication between Tumelo and these individuals.

“This was extracted from Joseph Marumo's phone ... communication between Marumo, Mashaba and Rambos i.e. Warrant Officer Phakula ... even Warrant Officer Phakula and Warrant Officer Magane do not have any communication with Tumelo.”

Chief Mashaba did not know Magane was from Zonkizizwe but admitted Magane was leading the operation and called others including Phakula for assistance, indicating Magane was above him.

“I did not even know that Magane is from Zonkizizwe ... He was leading ... obviously he also informed me that he called Phakula, he called other people.”

Phakula was told to go to Alberton because the plan was to take the collected items there, but Chief Mashaba did not wait for Phakula before opening the container and arresting people.

“Phakula in fact says she went to Alberton because he was told that once you have collected what you were collecting, you will be taking it to Alberton... you had already opened the containers, you had already arrested people.”

Chief Mashaba said they did not know how long Phakula would take to arrive and were under the impression everything started and would end in Alberton.

“Well, we did not know how long will Phakula take to arrive... We were under the impression that because everything started in Alberton...Because everything started in Alberton, it will end in Alberton.”

Despite the drugs being in full public view after the container was opened, Chief Mashaba did not mobilize other SAPS units or call the appropriate people, relying on Magane and others to know what to do.

“You do not call other SAPS ... You say we are under the impression Mr Magane ... will know what to do ... I left everything to Magane ... for him to say, I called Phakula ... then I know we are safe now because they are calling the relevant people.”

WITNESS I said personally he suspected the scene was linked to his office inquiry and decided he needed to be briefed fully to take over or request Warrant Officer Phakula to hand over the scene to him.

“Personally, as I suspected the scene to be linked to my office inquiry, that is why I made the decision that I need to be briefed about everything. After then, I will take over or I will ask Warrant Officer Phakula to hand over the scene to me.”

Witness I states they were briefed only by Warrant Officer Phakula upon arriving at the scene where cocaine bags were found, and did not discuss with other officers who had arrived earlier (DPCI Germiston and Johannesburg).

“I only spoke with Phakula , the Warrant , and it is when the scene I withdrew after the General came in from Intelligence . Speaking with Mashaba , it was after, when the intention to arrest them was brought .”

Witness I admits they did not discuss the drugs with all officers at the scene but only with Warrant Officer Phakula initially and spoke to Mashaba later when the intention to arrest was communicated.

“No , I was not , Commissioner, maybe I do not know the understanding . I did not discuss with all four of them . As I arrived , I only spoke with Phakula , the Warrant , and it is when the scene I withdrew after the General came in from Intelligence . Speaking with Mashaba , it was after , when the intention to arrest them was brought .”

Witness I initially told Colonel Seobe he had a family thing to attend, not that he was going to High Court.

“W I T N E S S I”

Witness I asserts that although arriving to verify, a claim was made that the scene and drugs were known, and this assertion was without verification but based on what was told to Witness I.

“you speak only to Phakula. Then the next thing you say is, this is my scene... you have not verified that there is drugs... It is just black bags on the back of a van... You have not verified anything. So we are back at... you knew exactly what it was... That is why you were able to assert yourself and say this is my scene.”

Witness I knew when arriving that DPCI members from Germiston and Johannesburg were at the scene but chose to first speak to Warrant Officer Phakula instead of DPCI members, despite Phakula being the person they should speak to per procedure.

“You saw them when you arrived that your colleagues are there ... so you knew ... but you went to Phakula ...”

Witness I deliberately misled their superior by telling them they were going to Johannesburg High Court when they instead were going to an operation scene to legitimize an unlawful operation and conceal their true purpose.

“You made a decision not to inform the Acting Unit Commander that you are going to Aeroton because ... you are hiding from her for wrong reasons ... you told her that you had gone to the High Court ... You arrive at the scene ... you do not speak to DPCI who have jurisdiction ... you speak to Phakula ... this conduct up to this point is calculated conduct ... to legitimise an unlawful operation ...”

ADV Khumalo accuses Witness I of using the inquiry number to legitimise an unlawful operation by Maganean, Phakula, and Mashaba which was interrupted by SAPS members dispatched by 10111.

“Your presence there and your use of this 2020 inquiry number was to legitimise what was otherwise an unlawful operation ... to steal the drugs.”

The witness was briefed only by Warrant Officer Phakula, not by Sergeant Magane or Chief Mashaba.

“I got a briefing from Phakula only. He is the one who was briefing me, Warrant Officer Phakula.”

The crime scene was not cordoned off upon arrival, which was immediately apparent and concerning to the witness.

“The first is the scene was not cordoned off. At least that is the evidence that has been led. So you arrive, there are policemen at the scene and I guess Warrant Officer Phakula is in charge of the scene, but you see that the scene is not cordoned off.”

The witness concluded that the conduct of Warrant Officer Phakula in moving evidence bags from the truck to the bakkie indicated a lack of proper crime scene handling knowledge.

“Whoever told him they fell from a bakkie is the one I refer not knowing how to handle a crime scene.”

The witness did not mention in their statement that Magane, Phakula, and Mashaba did wrong things at the scene not complying with prescribed procedures, although the witness now acknowledges they should have stated that.

“Maybe I should have stipulated, Commissioner, that also their conduct was improper by removing the bags. I did not state it in my statement. I should have stated it.”

Police contacted Warrant Officer Phakula from the National Investigative Unit to assist with processing the crime scene.

“I was informed by Warrant Officer Magane that he contacted Warrant Officer Phakula from National Investigative Unit to come help process the scene.”

Sergeant Mabula Patrick Sape was on duty with his narcotic dog on 9 July 2021 at Aeroton and was called to assist in a drug search of a container.

“He stated that he is a Sergeant in the South African Police Service attached to Silverton K9 unit. On Friday, 2021-7-09 at about 09:00 he was officially on duty with his narcotic dog and working with Sergeant Phakula when they received a call requesting their assistance with their narcotic dog at Aeroton.”

General Khan confronted the officers at the Aeroton scene and asked about their involvement, instructing them to write statements. They were refused permission to leave until photographs of their vehicle were taken, and were released around 13:30 without searching the premises.

“They were confronted by General Khan who asked them about their involvement. General Khan instructed them to write their statement regarding their involvement. They were refused to leave the scene until the photographer took photos of their vehicle inside and outside . They were released at around 13:30 without searching the premises.”

Sergeant Phakula and Sergeant Sape, both originating from Pretoria, were called to attend a crime scene in the south of Johannesburg with their narcotic dog, which is considered a special unit.

“In your understanding, or may be assist the Commission, what would have been the relevance of this enquiry file that Phakula is asked to ask Maluleke about? ... I believe that that narcotic dog may be it was only at Silverton. ... Did you make anything of the fact that both Phakula and Sape were originating from, they were called all the way from Pretoria?”

Summary of allegations regarding an incident on 8 and 9 July 2021 involving Chief Mashaba receiving information on suspected drugs, assistance in escorting the truck, discovery of drugs, arrest of driver and recipient, involvement of Dog Unit, LCRC, Hawks, and later arrest and charge of Chief Mashaba and others for drug dealing.

“It is alleged that on Thursday, 8 July 2021, Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th of July 2021, the information was followed and Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula. The truck was then escorted to the destination at Aeroton where the container was opened at the receiving bay. While searching the container, the drugs were found. The driver of the truck and the person who were to receive the cargo were placed under arrest. The Dog Unit and the LCRC were summoned at the scene while still compiling the docket. While compiling the docket, the Hawks member arrived at the scene. Chief Mashaba and members who recovered the drugs were later arrested as per Booysen CAS 8/07/2021 and charged for dealing in drugs. The driver of the truck and the person who was to receive the cargo were then released. The Hawks members found the Booysens Police who attended to a complaint and have given their feedback indicating all was in order and that the police have recovered the drugs and the suspects were arrested.”

Warrant Officer Phakula contacted his superior to confirm his role at the crime scene but both declined, leading to suspicion about his role.

“She contacted his superior to confirm his role on the crime scene. He declined, the superior declined. This made him a suspect.”

Warrant Officer Phakula did not mention a meeting with General Khan after the incident where detainees were released, nor did he mention General Khan's drugs in his supplementary statement.

“I have a supplementary statement of Phakula, but he did not mention anything about saying it is General Khan's drugs.”

There was an issue of a meeting between Warrant Officer Phakula and General Khan, but the claim that the drugs were General Khan's is not supported by the statement.

“There was an issue of the meeting.”

Phakula mentioned during investigation that the seized drugs were meant for General Khan.

“they kept on talking about it, but I cannot remember if it is clear in his statement. But something like that, it kept on coming up, saying those drugs were meant for General Khan .”

On 9 July 2021, while on official duty in Pretoria, Witness I received a call from Sergeant Phakula of the K-9 unit about a truck suspected of transporting 23 bags of drugs from Durban to Johannesburg linked to the inquiry.

“on 9 July 2021, whilst still on official duty at my office in Pretoria, I received a telephone call from Sergeant Phakula of K-9 Unit ... truck suspected of transporting 23 bags of drugs in the Johannesburg area ... truck in question was also from Durban”

Warrant Officer Phakula, Warrant Officer Magane, Chief Mashaba of Traffic and an unknown male were placed under arrest per General Khan's directive, which Witness I considered an abuse of power and an effort to protect the suspect driver and obscure the vehicle's origin.

“Warrant Officer Phakula, Warrant Officer Magane, Chief Mashaba of Traffic and one black male unknown to me were placed under arrest as per instruction or directive of General Khan ... As weeks passed, my observations of the scene indicated potential abuse of power and rank ... I was concerned that these actions appeared to be an effort to protect both the driver of the truck ... and to obscure the origin of the vehicle and its contents”

Witness I is the Team Leader of SANEB and members of several SAPS units inform him about drug-related scenes to provide alerts or ask for engagement.

“I am Team Leader of SANEB, and if they hear or have a scenario where drugs-related things are there, they should inform me.”

Warrant Officer Phakula was at the scene being briefed by General Khan near DPCI Germiston and Johannesburg members.

“He was approaching where I was standing by the bakkie being briefed by Warrant Officer Phakula.”

Witness I learned from Sergeant Phakula of K-9 that the number of drugs restored at Pretoria West College was no longer the same, missing over 100 bricks from the initial quantity collected.

“I learned that the number was no longer the same ... the block of bricks was less by over 100 in number. I learned from Phakula of K-9.”

On 9th July 2021, Samuel Mashaba of Hawks made contact with Albertan SAPS Warrant Officer Phakula, who then provided the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.

“On the same date, Samuel Mashaba called Warrant Officer Phakula from Albertan SAPS, who then, via WhatsApp, gave the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.”

The statements by officers like Warrant Officer Magane and Phakula initially said supervisors did not know their locations, but later statements indicated awareness by supervisors of members' operations.

“they were informed that Commanders did not know where these officers were. But subsequently, the statements filed by officers indicated at least in the case of Officer Magane and Phakula, that they were aware of the members' operations”

Lieutenant Colonel Sebola stated Warrant Officer Phakula's supervisor was Colonel Sipungu, who was supposedly at the scene but Sebola did not see him, only heard about his presence.

“Colonel Sipungu, who is Warrant Officer Phakula's supervisor ... I did not see Colonel Sipungu on the scene, only heard. Then I even heard from him that he was there at the scene”

Lieutenant Colonel Sebola said that the presence of Warrant Officer Phakula at the scene was not supposed to have happened as Phakula was on leave and thus should not have been involved.

“The presence of Phakula there was not supposed to even have happened”

There is a material contradiction in the statements regarding Warrant Officer Phakula's involvement: General Khan stated Phakula's supervisor Colonel Sipungu did not know Phakula was involved, contradicting Detective Sipungu's statement that Phakula informed him of the operation.

“there was a statement from General Khan stating that he contacted Warrant Officer Phakula's supervisor, Colonel Sipungu who informed him that he did not know that Phakula was involved in the operation and it materially contradicts the statement of Detective Sipungu who states that Phakula did inform him of the operation”

Warrant Officer Phakula was only invited to assist by Warrant Officer Magane and arrived at the scene after the drugs were loaded onto the truck, yet Phakula is charged with the same offence.

“he was invited by Warrant Officer Magane to assist and he only arrived at the scene after the drugs were loaded onto the truck... that he was not involved in that part, yet he is equally charged with the same offence”

Colonel Sebola received instructions from General Kadwa to obtain statements from the accused person Warrant Officer Phakula during the investigation.

“I got instruction... I am referred to obtain certain statements from the accused person, more in particular the one of Phakula... I am sent by General Kadwa who is informed by General Khan and obtain the statement of Phakula in prison... Then I interviewed Phakula...”

Colonel Sebola states he is dealing with one specific interference related to instructions given by General Kadwa obtained from General Khan to speak with Warrant Officer Phakula; he declines to mention other instances.

“Specifically I am dealing with this one... I cannot mention any other thing that I still have to... I understand what was happening on that day...”

Magane and Phakula were charged internally for interfering with the crime scene at Aeroton; no wrongdoing was found in Magane's case, but Phakula returned through arbitration.

“Magane and Phakula ... were charged internally for interfering with the crime scene at Aeroton ... I was, of Magane, he was, the investigation was conducted but they could not find any wrongdoing ... Phakula, yes, they did. He only came back through arbitration”

Director Maphosho conducted an investigation into complaints by Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba against General Khan, Kadwa, and three others concerning defeating the ends of justice.

“Director Maphosho conducted a investigation into the events that arose at Aeroton... complaint by Warrant Officer Phakula, Warrant Officer Magane and Chief Mashaba who laid a complaint against General Khan, Kadwa and three others... investigating a case of defeating the ends of justice.”

Complaints from Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane were lodged at IPID National Office on 2021-10-13 accusing police officers of defeating the ends of justice; these complaints were registered at Booysens Police Station as Booysens CAS 252/10/2021.

“On 2021-0-13, the complainants, that is, Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane, came to IPID National Office to lodge a complaint of defeating the ends of justice. The complainants were interviewed by the members of NSIT, and I was part of the interview. ... The case was opened at Booysens Police Station and registered as Booysens CAS 252/10/2021”

On 8 July 2021, Chief Mashaba received information about suspected drugs being transported from Durban to Alberton, followed the truck to the depot where it was parked, assisted by Warrant Officers Magane and Phakula.

“It is alleged that on Thursday, 8 July 021 , Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th , the information was followed and indeed the truck was followed to the depot where it was parked. Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula.”

After Warrant Officer Phakula placed the truck driver, lady receiver, and manager under arrest, police officers from Booysens SAPS arrived and supported the drug bust operation.

“The driver of the truck , the lady who was about to receive the goods , and the manager who was present , were placed under arrest by Warrant Officer Phakula . I have attached Warrant Officer Phakula's statement as an annexure as well . While the police officers were busy at the crime scene , opening the case and waiting for relevant role-players to come , two police officers from Booysen arrived and enquired about what was happening , and they explained to them about the drug bust . The police officers from Booysens SAPS were satisfied and were willing to assist them .”

A police officer known as Warrant Officer Rikhutso argued with Warrant Officer Phakula about opening a case versus an enquiry file, refusing to open a case and stating General Khan was on his way.

“A police officer who was later known to the as Warrant Officer Rikhutso arrived and had an argument with Warrant Officer Phakula . Warrant Officer Rikhutso did not want them to open a case , but to open an enquiry file . Warrant Officer Phakula refused , and he was then told that General Khan was on his way .”

Lieutenant-Colonel Maluleke wanted to take over the crime scene because the drug was part of his mandate, and General Khan took over the crime scene upon arrival, instructing Warrant Officer Magane to sit in his bakkie and Chief Mashava to go to his car taking firearm and cellphone.

“Lieutenant-Colonel Maluleke wanted to take over the crime scene as the drug was part of his mandate . Sergeant Phakula and Sergeant and Warrant Officer Sape from Dog Unit arrived , followed by General Khan . General Khan then said he was taking over the crime scene . Without getting the information from the officers who recovered the drugs , he then instructed Warrant Officer Magane to sit in his bakkie . He instructed Chief Mashava to go to his car and took his firearm and cell phone .”

Members of the DPCI arrived and arrested police officers involved in the drug bust, charging them with dealing and possession/use of drugs.

“Members of DPCI , amongst others , General Kadwa , Brigadier Sekgobela , Colonel Steyn , Captain Sebula , arrived at the crime scene , and they arrested the police officer who made the drug bust . That is Warrant Officer Magane , Warrant Officer Phakula , Chief Mashaba , and Tumelo . They were charged with dealing in drugs and possession of drugs / use of drugs .”

Warrant Officer Rikhotso was alleged to have stopped the dog unit from investigating the crime scene, according to sergeants Phakula and Sape.

“the person who stopped them from deploying their dog to investigate or to sniff around was, I think it is Warrant Officer Rikhotso”

The police officers attending the crime scene interviewed Magane and Mashaba and reported back indicating that it was a legitimate operation and they were assisting before Phakula arrived.

“They attended to the crime scene, they interviewed Magane and Mashaba, and ... they also gave their 08, like their report back to 10111, indicating that it is a legit operation, the police are working, and they were assisting Mashaba and Magane before even Phakula arrived at the crime scene.”

The officers arrested (Phakula, Magane, and Mashaba) claimed to know nothing about the drugs.

“I think the thrust of the position of all the people that Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba arrested, I think the thrust of their responses was basically that they knew nothing about these ...”

Phakula, one of the first responders, refused to provide an enquiry number, which is contrary to standard procedure where the arresting party should arrange an enquiry number.

“Phakula said, we do not need that ... as the first people on the scene ... they are the ones that arrange for the registering of an enquiry number”

Warrant Officer Rikhotso argued with Warrant Officer Phakula over opening an enquiry file with Rikhotso wanting an enquiry file opened but Phakula refusing and saying General Khan was on his way.

“A police officer later known as Warrant Officer Rikhotso arrived and had an argument with Warrant Officer Phakula ... Rikhotso did not want them to open a case, but to open an enquiry file. Warrant Officer Phakula refused, and he was then told that General Khan was on his way”

Warrant Officer Rikhotso pointed out a red Kia vehicle driven by Warrant Officer Phakula.

“He also pointed out the red Kia , which was driven by Warrant Officer Phakula”

Warrant Officer Phume was asked to get the driver of the BMW and interview him, and LT-COL Sebola interviewed the drivers of the red Kia, Phakula, and Mashaba one-on-one himself to understand their actions at the scene.

“I interviewed them one-on-one myself so that is to acquaint myself with their presence at the scene, their action at the scene.”

Warrant Officer Magane allegedly obtained information from his informer and worked with Traffic Officer Mashaba, suspected a consignment to be drugs, and did not think of contacting his own station when requested to come assist.

“After all the introduction, I started with Warrant Officer Magane, who alleged that he got the information from his informer. He followed up upon the information together with Traffic Officer Mashaba. And later on, he requested Warrant Officer Phakula, who is based in Pretoria, to come assist. I asked him if he tried to get back from his own station, since he is stationed at Zonkizizwe SAPS, and his answer, he did not think of contacting his own station ... And on the question of why were they chasing uniformed police officers on the scene, and his answer was that he was thinking it was his scene ... His answer was he suspected the consignment to be drugs.”

Warrant Officer Magane did not contact his own station when requested to come assist, choosing instead to request help from Warrant Officer Phakula based in Pretoria, which is a longer route and against procedure.

“If he is ... following up upon something that is in motion, then one can see that you will end up losing that which we are following, because you are taking the long route ... The first thing first, the approach is, where is the nearest police station? Who are the nearest police? If not, go to 10111. That is the procedure. I do not call my friends. I call those that will assist.”

Sergeant Phakula was involved on the same scene with others, but could neither explain nor respond whether he was part of the chasing of police officers away from the scene.

“He could not indicate as to whether, when Mashaba was chasing them, he was part or not, or he arrived late ... He never indicated to me that he chased them or not, but he kept quiet.”

Based on Sergeant Phakula's behavior and identification as part of the team investigating, his conduct suggested he acted in concert with those chasing the police away.

“He acted in concert with them because he identified himself as being part of the team.”

Lt-Col Sebola denied that he or his team ultimately ordered the cordoning off of the scene, stating that Phakula's testimony to that effect was a lie.

“Phakula testified yesterday that he ordered the cordoning off . Just to confirm that you deny that it is your team that ultimately did it . ... He would be lying”

Warrant Officer Phakula is working for NIU and investigates only cases that have been formally referred to his office; he does not initiate investigations himself.

“Phakula is working at NIU. Because we engaged during the interview, he is working at NIU. And there were points that I even showed to him that you only investigate cases that have been referred to your office. You do not initiate investigations.”

Colonel Sephungu was informed about Warrant Officer Phakula's working protocol but responded with a distracting engagement.

“I even informed his Colonel Sephungu. Told them both. I had an engagement with Sephungu, but that was a destructive engagement by him. Because he was trying to distract.”

Warrant Officer Phakula investigates blue light robberies and airport following robberies only on referral from the head office and does not initiate these investigations himself.

“What Warrant Officer Phakula said is that he investigates blue light robberies. He says: 'My duties included investigation at national level of blue light robberies, airport following robberies. And then head office enquiry files ...' But that is the third thing that he says. The first two, he investigates blue light robberies and airport following robberies. Are you saying he does not do that? He works only on referral? Works on referral. Only.”

Colonel Sebola indicated to Colonel Steyn that he needed officers to offload bags which were looted in a Nissan bakkie, and that four male persons were interviewed leading to their arrest.

“Colonel Steyn indicated that Captain Nortje and Warrant Officer Morris will assist me in handling those bags looted in the Nissan bakkie. And whilst we were waiting for LCRC to come, I continued interviewing four male persons. That was pointed to me by Warrant Officer-that was pointed to me. That is Warrant Officer Magane, Phakula, Mashaba, and Tumelo Nku. The outcome of the interview led to the arrest of Warrant Officer ... of the four ...”

Sergeant Phakula was called by Magane.

“Phakula is called by Magane”

Tumelo Nku's phones confiscated included two cell phones, but Sgt Phakula's state cell phone was not part of the download investigation.

“there were even two cell phones. And what I have realised in the downloading, we did not get Phakula's state cell phone. It was not part of the downloading”

General Khan spoke to Mashaba, Magane and Phakula and then told Phakula to stand down during the operation.

“he spoke to Mashaba and Magane, I think Phakula as well, asked them who are they, who are their superiors, and he called their superiors, who answered the way they did about knowledge of these people being on the scene. We heard from Phakula that...Phakula was introduced to Khan, he went and spoke to Khan and Khan told him to stand down”

Phakula was stopped from removing seals from a motor vehicle containing drugs during the operation by General Khan.

“before he stood down, he went to the motor vehicle that had the drugs, that black police car, to remove the seals... and he was stopped from taking them”

Officer Sape from the Dog Unit stated that a yellow truck was transporting drugs from Durban Harbour and pointed out a truck driver under arrest; he was requested by Warrant Officer Phakula to search the truck and was distracted by an African male called Rikhotso who denied entry or exit from the scene.

“Warrant Officer Phakula asked me to search the truck... was distracted by an African male who was called Rikhotso ... they denied us entry or exiting the scene... accused us of coming to escort the drugs all the way from Pretoria.”

Officer Sape's statement and Warrant Officer Phakula's recounting of the events are contradictory according to Lt-Col Sebola, who says there was no K9 bakkie at the scene upon his arrival.

“I understand K9 members drive a marked vehicle with a dog. Then upon my arrival there was no K9 bakkie around the scene... The names Sape and Phakula were brought to me... I am saying this is strange because I asked questions to say, were you really at the scene? They were giving a contradicting version...”

General Khan asked if Warrant Officer Phakula was informed about the operation and stated he was going to arrest the member because the story given by that member did not add up.

“I again received a call from General Khan who asked me if the member Warrant Officer Phakula informed about the operation. I told him that he called me and informed me about the operation. He further told me that he was going to arrest the member because his story does not make it up.”

In the disciplinary hearings of General Khan, Magane, and Phakula, it was said that Khan instructed them to sit in a black motor vehicle (bakkie), and the person identified by Ndou as trying to drive away was actually sitting in the bakkie.

“in the disciplinary hearing of General Khan, Magane, Phakula... they say that Khan instructed them to go and sit in the bakkie ... the person that Ndou pointed out as the person who was trying to drive away, he was in fact sitting in the bakkie”

Colonel Sephungu's conduct disrupted police proceedings by stating there was nothing wrong with Warrant Officer Phakula's actions and interfering with statement taking, including falsely claiming Sebola did not want to take a statement about the incident.

“Colonel Sephungu ... told the Prosecutor ... that Sebola did not want to take my statement with regard to the incident, and he said Phakula informed him and he placed him on duty ... I consider it disruptive”

Colonel Sebola states that if Colonel Sephungu did give permission to Warrant Officer Phakula to act, he should not have initially said they should not have arrested the people as there was no attempted theft, indicating incomplete or misleading communication.

“if indeed he gave Phakula the permission to go, he should have not started by saying you should not have arrested these people... there is nothing like attempted theft because the only thing that you can explain this is to say they wanted to leave, but that is incomplete”

Major General Khan requested to go to prison to interview Warrant Officer Phakula, who wanted to say he was working with General Khan on drugs. Phakula refused to supplement or add to his police statement despite Sebola's efforts.

“Major General Khan is requesting that we go to prison to interview Phakula... The only thing Phakula wanted to tell me was that he is working with General Khan. Those are his drugs... Phakula ... did not agree to bring it to the attention of the Prosecutor”

Colonel Sebola was sent by General Kadwa to investigate an allegation that those drugs belong to General Khan, but he could not obtain Phakula's statement because he did not know if Phakula was misleading or assisting him.

“I was sent by General Kadwa. Then I brought the information back to him ... I could not obtain Phakula's statement because I do not know whether he is misdirecting me or he is assisting me. But this is the allegation. He is saying those drugs belong to General Khan.”

Colonel Sebola explained that two members of the South African Police charged with the same offence were charged differently due to their stationing, since charging happens through either the National Commissioner or Station Commissioner according to police disciplinary code and locations.

“... how can we have two members of the South African Police who are alleged to have committed the same offence, then be charged differently in terms of the same disciplinary regulation... This according to me says, this one is at Head Office, this one is at the station... there was nothing wrong to be charged at once.”

During the investigation, Col Sebola was receiving calls from police officers volunteering to submit statements, including Lieutenant Colonel Maluleke of TOMS and Warrant Officer Phakula from K9 Pretoria, related to the case.

“During this investigation, I was receiving calls from police officers who volunteered to submit statements, and amongst the callers was Lieutenant Colonel Maluleke of TOMS, who was one of the police officers on the scene, and Warrant Officer Phakula from K9 Pretoria...”

Serious attempts were made to get statements from Lt Col Maluleke and Warrant Officer Phakula, but Maluleke was asked to explain his relationship with Mashaba and to be accompanied by his Commander when making the statement.

“I will start with Maluleke. Maluleke, my understanding... you must remember, that morning Mashaba called you. Before you give me a statement, because it seems you and Mashaba know each other, you will have to explain your relationship with Mashaba. He could not come and make that statement. He was confronted with the statement when I see it in the bundle of the Defence Attorney... With Phakula ... you must make sure you do not come alone. You come with the Commander. You make a statement, your Commander in room, he make statement that indeed he is the one that sent you out there...”

Police officers Maluleke and Phakula shared the same surname, and caution was advised about their statements to avoid derailing the investigation.

“You and that other Phakula, you are sharing the surname, I do not know how you relate. You must be careful. When you make statement, you must not make statement with the intention to derail me from investigating this people...”

There is a dispute about whether Colonel Phakula was present at the scene; he claims he was, but others did not see him there.

“Phakula, I did not see you at that scene. Now you are telling me over the phone that you were at the scene...”

Warrant Officer Magane was no longer coming to Alberton SAPS, so the witness contacted Sergeants Phakula and Sape who were on duty at the Dog Unit provincially to inform them of the scene and anticipated location.

“Warrant Officer Magane was no longer coming to Alberton SAPS, I also contacted Sergeant Phakula and Sergeant Sape, who were on duty at the Dog Unit posted provincially...I informed them about the scene and that I was still on my way, and that I will send them the location once I am at the scene.”

Sergeant Phakula, who is the witness's brother and works at K9 unit in Silverton, informed the witness that the information was similar to that provided by Lieutenant Colonel Maluleke of the National Head Office South African Narcotics Enforcement Bureau (SANEB).

“Sergeant Phakula informed me that this information is similar to that of Lieutenant Colonel Maluleke of National Head Office South African Narcotics Enforcement Bureau, SANEB.”

The drugs were already removed from the scene and placed in the back of a black bakkie, contaminating the crime scene further.

“Yes. Unfortunately, the drugs were already removed and in the back of the bakkie. So, I was not going to instruct them to place it back as to where, otherwise we were going to further contaminate the scene.”

Warrant Officer Phakula attempted to remove duplicate seals from the scene for photographing but was stopped by Sergeant Ludick.

“My concern, Warrant Officer, is when you then attempted to remove what they call the duplicate seal and then that is when you are stopped by, I Sergeant Ludick. Can you explain that a bit more?”

Warrant Officer Phakula was taking seals to Major General Khana to have them photographed for forensic purposes.

“No, I was innocently taking those seals to – remember, I left the photographer with Major General Khan. So, I was taking those seals to her to take photos of those seals, and obviously she was supposed to take them further to Forensic.”

The scene was already contaminated before Warrant Officer Phakula arrived, as conceded by Warrant Officer Magane.

“But as he, Magane, conceded, the scene was already contaminated.”

Warrant Officer Phakula accepted that a crime scene can already be contaminated and no one should contaminate it further.

“you accept that the fact that a scene is already contaminated is by no means a licence for anyone to contaminate”

When General Khan arrived at the scene, the situation was described by Warrant Officer Phakula as under control because exhibits were safely in the back of a bakkie and testimony was continuing.

“when General Khan arrived, the scene and the situation was under control”

Warrant Officer Phakula stated that while writing the statement, many people started coming into the scene which caused confusion.

“while I was busy writing the statement, a lot of people started coming in”

Captain Rikhotso approached Warrant Officer Phakula and tried to take charge of the scene, giving instructions to two Booysen police officers to give statements, despite Warrant Officer Phakula being the crime scene manager at the time.

“Captain Rikhotso ... came in and start giving instructions to the two Booysen police officers to give him statements ... I was still the crime scene manager”

General Khan instructed Warrant Officer Phakula to ‘stand back’, meaning he must stop being active at the scene and hand over exhibits to the photographer.

“I must stand back”

Warrant Officer Phakula understood General Khan’s instruction to stand back as meaning to stop being active on the scene and hand over exhibits to the photographer.

“I understood that I must stop now being active on the scene”

Warrant Officer Phakula noted the awkwardness of someone unknown wearing civilian clothes coming to the scene and giving instructions without being introduced.

“somebody just comes and starts giving instructions and you have never seen him before”

Warrant Officer Phakula stated that others involved included Captain Rikhotso and Lieutenant Colonel Maluleke, the latter being the person he planned to eventually hand over the scene to.

“I was planning to hand over the scene to Lieutenant Colonel Maluleke”

Warrant Officer Phakula described the crime scene as chaotic due to multiple people trying to take over the crime scene, sometimes by trying to get others arrested or intimated.

“we were being managed... people wanted to take over the crime scene and the only way for them to take control was to get us arrested or intimidate us”

Warrant Officer Phakula pointed out questionable actions by others involved and implied that the Directorate for Priority Crime Investigation (DPCI) could have investigated the case better given their experience and resources.

“there are a lot of things ... questionable ... if they wanted to... investigate this case, I believe they could have done it better ... I refer to the DPCI”

Warrant Officer Phakula highlighted three questionable issues: it was easier for others to get CCTV footage, the Dog Unit was not used to assist the investigation, and the driver was released which affected the investigation.

“One ... it was easier for them to get the CCTV footage ... The Dog Unit ... could have used it... And also the release of the driver, most importantly the driver. Those are three that I can point at”

According to the evidence, initial false information was given about bogus police trying to hijack a truck and later drugs were discovered, prompting Warrant Officer Phakula’s involvement despite limited experience in huge drug busts.

“initial call was made ... bogus police who are trying to hijack a truck ... later drugs discovered ... you are called ... you are not particularly experienced in huge drug busts”

Warrant Officer Phakula described being called in to assist managing the already loaded scene which had exhibits loaded on the bakkie and him continuing management there.

“I was called in to come and assist in managing the crime scene... exhibits loaded on to the bakkie... I had to continue managing from where the exhibits were now”

Warrant Officer Phakula considered his role at the crime scene as an honest opportunity to prevent drugs being stolen and continue with investigation and arresting suspects.

“it was an honest opportunity for me to prevent the drugs from being taken, from being stolen and continue to investigate the crime scene, arrest the suspects”

Warrant Officer Phakula tried to manage the scene to the best of his ability but was disturbed by many people coming into the scene making it impossible to control.

“I tried to do that at the best of my ability ... a lot of people started coming into the scene and we could not do anything”

Warrant Officer Phakula had charge of the crime scene for less than 30 minutes before being disrupted by officer arrivals and people going to the bakkie.

“I can say less than 30 minutes ... a lot of police officers started coming in and going to the bakkie”

On 11 July 2021, Warrant Officer Phakula and others were charged and their warning statements were taken by the DPCI Investigation Team led by Captain Sebola; they requested their warning statements be written down and advised obtaining a video of the crime scene and a section 205 application to verify their version.

“On the 11 July 2021 ... warnings statements were taken by the DPCI Investigation Team led by Captain Sebola ... requested that our warning statements be written down ... I also advised Captain Sebola to obtain a video of the crime scene, as well as to do section 205 application to verify our version”

Warrant Officer Phakula did not have video footage of the crime scene.

“Warrant Officer Phakula: No.”

Mr Venter, the attorney, informed Warrant Officer Phakula he was going to be released after Colonel Sephungu's statement was submitted.

“Our attorney, Mr Venter, informed me that I was going to be released as the Senior Public Prosecutor requested the statement from Captain Sephungu and he gave it to them, confirming my version.”

Warrant Officer Phakula was informed he was the one to be released after Colonel Sephungu's statement was submitted.

“I understood it was me because it was after Colonel Sephungu's statement was submitted.”

Colonel Sephungu authorized Warrant Officer Phakula to attend the crime scene after a phone call.

“He confirmed that I gave him a call and he gave me permission to attend the crime scene.”

Major General Kadwa and Deputy Director of Public Prosecutions Advocate Mlotshwa held a meeting with a Senior Public Prosecutor Mr Tusi during lunch and the decision to release Warrant Officer Phakula was overturned.

“...while on lunch, the Head of Gauteng DPCI, Major General Kadwa, together with Deputy Director of Public Prosecutions, Advocate Mlotshwa, he held a meeting with a Senior Public Prosecutor, Mr Tusi, and the decision to release me was overturned.”

While at Sun City prison, the DPCI Investigation Team led by Captain Sebola visited Warrant Officer Phakula and told him they were instructed to come see him because he had something to tell them.

“While at Sun City prison, I was called by the Prison Warden to inform me that I have a visitor and that I must come to the visiting area. To my surprise, the visitors were the DPCI Investigation Team of about six members led by Captain Sebola. They then told me they were instructed to come see me as they were told I had something to tell them.”

While in prison, Brigadier Mbele served Warrant Officer Phakula with a SAPS section 43 notice of suspension without pay.

“While still in prison, I was visited by Brigadier Mbele, who came to serve me with SAPS section-43 notice of suspension. This deals with suspension without pay of SAPS members while in detention or in prison.”

Captain Sebola opposed bail on 21 July 2021 and witness statements including those of Colonel Sephungu were submitted to prove innocence, resulting in bail being granted the same day.

“On the 21st of July 2021, Captain Sebola came to oppose bail and we submitted our witness statements of Colonel Sephungu, Lieutenant Colonel Mangena, Captain Medupi, Warrant Officer Magane, Warrant Officer Phokungwana, Warrant Officer Chidi, Sergeant Phakula, Sergeant Sapean and Sergeant Maja as exhibits to prove our innocence. We were granted bail on the same day.”

Warrant Officer Phakula inquired with Human Resource Management Office Detective Service to confirm if he should report for duty after being granted bail and was told he was already on suspension.

“I called the Human Resource Management Office Detective Service to enquire if I should report for duty after being granted bail. APP Mulder said I should not as I was already on suspension.”

Major General Khan wanted to meet with Warrant Officer Phakula, who initially refused but later agreed after being contacted again by Warrant Officer Heyns.

“While on bail, I received a call from former Warrant Officer Heyns, who told me Major General Khan wants to see me. I refuse to meet with Major General Khan. A week or two weeks later, Warrant Officer Heyns called again and said Major General Khan wants to meet with me, and this time I agreed and asked him to send me Major General Khan's contact.”

Major General Khan came to meet Warrant Officer Phakula, sympathized with him about his arrest, and requested information about who had informed the former that they were arrested with them.

“I waited for him, and then I saw him, Major General Khan, driving in his greyish VW Golf 7. ... Major General Khan sympathised with me and explained he still did not understand why I was arrested ... He further wanted to know who did the former that was arrested with us get the information.”

Major General Khan confirmed he spoke to Colonel Sephungu that day and that Colonel Sephungu gave Warrant Officer Phakula permission to attend to the matter involving drugs.

“Major General Khan confirmed that he spoke with Colonel Sephungu on that day and he, Colonel Sephungu, confirmed that I called and informed him about the drugs and he gave me permission to attend to the matter.”

Major General Khan promised to draft a statement for Warrant Officer Phakula for a disciplinary hearing but never submitted it.

“He promised he would draft it and give it to me before my hearing, which was on Friday the 18th of September 2021. We parted and I promised I will avail the former to him for an interview. He never submitted his statement as per his promise.”

Warrant Officer Phakula received a notice to appear at an expedited disciplinary hearing dated 8 September 2021 but was never served with a notice of investigation as per regulations.

“I received a phone call from Lieutenant Colonel Mashego ... he gave me the notice to appear for my disciplinary hearing, which was dated the 8 September 2021 at Stock Theft Boardroom. I was never served with a notice of investigation as per the Regulations.”

Warrant Officer Phakula was charged with defeating the ends of justice and possession of drugs, and his hearing was chaired by Brigadier Kgopoditha, before he was dismissed from SAPS on 20 September 2021.

“I was charged with defeating the ends of justice and possession of drugs. The Chairperson of the hearing was Brigadier Kgopoditha ... On Monday, the 20th of September 2021, I was dismissed from the SAPS.”

Warrant Officer Phakula and others opened a case against Major General Khan and members of DPCI for defeating the ends of justice and theft of drugs, investigated by IPID.

“We opened a case against Major General Khan and the members of the DPCI ... We opened a case of defeating the ends of justice and the theft of drugs. The case was investigated by IPID.”

At the crime scene, higher ranking officers unrelated to the incident interfered by arresting Warrant Officer Phakula and colleagues, diverting attention from the real perpetrators and tampering with exhibits believed stolen.

“... higher ranking police officer unrelated to the incident ... played a huge role in arresting us, releasing the suspects ... and further tampered with exhibits which we believe were stolen ... The only way for them to take control ... was to arrest us . In that way, they could divert their attention to the arrested police officers and let the real perpetrators free.”

There were discrepancies in forensic bag numbers between exhibits booked at Booysens SAPS and those received at forensic, some bags arrived late and information about the chain of custody was deliberately concealed.

“I then noticed that the forensic bag numbers of exhibits that were received at Forensic were different from those that were initially booked at the Booysens SAPS ... one brick with a new forensic bag number was only received at Forensic on the 10th of August 2021 ... that information was deliberately concealed from us.”

Warrant Officer Phakula and others were charged with possession of drugs, drug trafficking, fraud and defeating the ends of justice in an indictment signed by Deputy Director of Public Prosecutions Advocate J Drotsky and appeared at Booysens Court in April 2022.

“We were charged with possession of drugs and drug trafficking, fraud and defeating the ends of justice ... indictment was signed by ... Advocate J Drotsky ... appeared at Booysens Court ... on the 22nd of April 2022.”

Warrant Officer Phakula's legal representations were unsuccessful, and an appeal was submitted around July 2022 to the Deputy National Director of Public Prosecutions Advocate Rodney De Kock.

“Our representations were unsuccessful and declined. We then instructed Mr Eksteen to appeal that decision ... Around July 2022, Mr Johan Eksteen submitted our appeal to Advocate Rodney De Kock ... While still waiting for the outcome, I was informed during consultation that the prosecution requested CCTV footage from the Investigating Team which would assist in proving what happened at the crime scene.”

Senior members were still trying to appeal the reinstatement decision, causing delays in implementing the award to reinstate the witness.

“I was also concerned with the amount of time that it took for the SAPS to finally implement the award that I should be reinstated. And it became clear at a later stage that some of these senior members were still trying to appeal the decision for my reinstatement in the SAPS.”

Around September 2024, the witness was shortlisted but their post-promotion at NINU was not announced without explanation, coinciding with General Khan's disciplinary hearing.

“Around September 2024, I was shortlisted for a post-promotion at NINU, which is National Investigation Unit... When other post-successful candidates were announced, my post was not announced. No reasons were given. Major General Khan's disciplinary hearing.”

The witness applied for the detective service post promotion at NINU in August 2024 and was recommended despite pending case information, with promotion approved effective March 2025.

“I applied for the detective service post promotion for post 3557 at National Investigation Unit on 30 August 2024... I was recommended for promotion to post 3557... Despite this information, my promotion was subsequently approved with effect from 1 March 2025 as per the letter signed by Lieutenant General Nkhuo.”

Witness registered a grievance advised by South African Police Union representative, later referred to Safety and Security Sectoral Bargaining Council as case PSS 304/25/26.

“I was advised by my South African Police Union representative, PM Hlongwane, that I should register a grievance, which I did. It was later referred to the Safety and Security Sectoral Bargaining Council as per case reference PSS 304/25/26.”

Warrant Officer Phakula sent a screenshot of a WhatsApp communication between himself and Major General Khan, indicating prior contact initiated by the warrant officer after word that Major General Khan wanted to meet.

“This is a screenshot from my phone of the communication between myself and Major General Khan. It starts, okay, I started by making a call to him and he did not answer, but the call does not appear. So, when he did not answer, I sent him a message to say: “Good day, General, it is Phakula.””

After previous meeting regarding a theft of diamonds case, the speaker and Major General Khan had not exchanged private conversations or arranged private meetings prior to the WhatsApp conversation.

“No, no, no, no, we did not. No. No.”

The speaker agreed to meet Major General Khan alone without General Kadwa, expressing discomfort with General Kadwa's presence.

“I will not be comfortable. I think let us first meet and we will take it from there, General.”

Post arrest, people were saying that the drugs in question belonged to Major General Khan. The speaker relayed this information to Major General Khan based on what people told him.

“After our arrest, it was no-people were saying that those drugs belonged to him, General Khan. So, when I related it to him, it was out of what I have heard from what people were telling me.”

Warrant Officer Phakula was upset about being treated a certain way at the scene of a drug bust and confronted a high-ranking police official, accusing or implying the drugs belonged to him, despite the official saying the drugs were connected to Colonel Sephungu and not him.

“I was still upset with the way I was treated on the scene ... I was still, I felt I was arrested for something that I did not know ... they actually wanted Colonel Sephungu ... I was distancing Colonel Sephungu from that.”

Warrant Officer Phakula believed that the references to 'they' wanting Colonel Sephungu related to members of the Directorate for Priority Crime Investigation (DPCI) who were looking for a scapegoat and trying to get evidence against Phakula and others.

“I think it was the DPCI ... I believe it was him and the DPCI ... they are looking for a scapegoat for what they did ... so they are trying to get evidence to place on us.”

Warrant Officer Phakula requested a statement from the high-ranking official to support his disciplinary hearing, asserting he was performing honestly at the scene but was charged nonetheless.

“I requested him that, okay, if you saw that I was doing an honest job at the scene, can you please depose to a statement so that I can submit at my disciplinary hearing? Because I was now charged with the same matter where you are saying you could see that I was doing an honest job.”

Warrant Officer Phakula never received the promised statement before his disciplinary hearing despite reminders and was not comfortable with the high-ranking official being part of meetings related to his case due to confusion and distrust.

“I never received that statement ... I was not feeling okay with that ... because he came to influence the SPP to enrol our case, where I was promised I was going to be released ... I was not feeling okay with that.”

Warrant Officer Phakula texted General Khan on 22 September 2021 informing him he had been dismissed from the SAPS and received a sympathetic response from General Khan.

“On the 22nd of September 2021, I texted: 'Good evening, General, I was dismissed from SAPS.' Then he responded: 'Hi Steve, I just got home now... Sorry to hear about your dismissal.'”

Warrant Officer Phakula promised to assist to arrange a meeting with the informer and to make the informer available to General Khan, but the promise was never fulfilled as he never took it further and had no further interaction with the informer.

“No, we never took it further, and he never called me back again after this, and I never communicated with him. So, he never saw the informer after this.”

Warrant Officer Phakula acknowledges that he assumed the informer would agree to speak to General Khan, despite not knowing the informer or Mashaba personally at the time.

“I was going to talk to Mashaba, and then I would have taken it from there.”

A complaint about the drug bust incident was laid with IPID, including against General Khan, and the group of arrested people including Warrant Officer Phakula was responsible for laying that complaint.

“Yes, yes, yes. ... Correct, Commissioner. ... That is where it flows from.”

Warrant Officer Phakula said the complaint against General Khan related to defeating the ends of justice and the theft of drugs.

“It would have been defeating the ends of justice and the theft of drugs.”

Warrant Officer Phakula admits not telling IPID that the seized drugs were alleged to belong to General Khan, because he did not have a statement to support the accusations and did not have the power to do so.

“No, I did not. And simply because I did not have a statement to support my accusations.”

Warrant Officer Phakula accepted that exposing the informer to General Khan could have put the informer's life at risk because it was known that General Khan was involved in drug trafficking.

“I accept that.”

There was talk within the police that the drugs seized were said to be General Khan's drugs, and Warrant Officer Phakula mentioned this talk to General Khan, thereby potentially risking the informer's safety.

“You mention it to him because it is what you have heard, and you say this is what people are saying about you.”

Warrant Officer Phakula did not consider it necessary to mention allegations that the seized drugs belonged to General Khan to IPID because the person who told him was not willing to submit a statement, so it would not have been material to IPID.

“I thought if the person who was telling me that is not willing or will not be submitting a statement, it will not be material.”

Warrant Officer Phakula admits the crime scene was not handled in line with the SAPS National Instruction 1 of 2015 and acknowledges mistakes in crime scene handling.

“I have to concede that it is wrong. The scene was not in line with the National Instruction 1 of 2015.”

Warrant Officer Phakula admits making an untruthful statement about the crime scene being handled properly and says it was a misunderstanding related to timing of his arrival.

“I have to concede that it is wrong... I perhaps was mentioning the scene after my arrival... hence, I am saying, to me it was understood that after my arrival, finding those things there...”

Chairperson accuses Warrant Officer Phakula of making an untruthful statement and questions why he did so.

“Your statement is totally untrue... Why did you make that untruthful statement?”

Warrant Officer Phakula denies protecting his colleague Warrant Officer Magane by making such untruthful statements.

“No, no, no, Commissioner.”

Warrant Officer Phakula admits that he found the exhibits at the crime scene secured in bags and infers they were not stolen based on this and statements from Scania employees.

“I said the exhibits were still secured in bags... and my concentration was on the exhibits, the security, like they were not stolen... No, except for the statements of people of Scania as well as ...”

Warrant Officer Phakula states he did not know that Warrant Officer Magane was from the Crime Information Analysis Centre and assumed CIMAC is another link within Crime Intelligence.

“Honestly, I did not know, and what I understand even now is that CIMAC is another link of Crime Intelligence.”

Advocate Khumalos accuses Warrant Officer Phakula of misleading his superior by claiming Warrant Officer Magane is from Crime Intelligence when he actually works at Zonkizizwe Police Station and is not part of Crime Intelligence.

“The truth is you misled your superior, because what you told your superior is that Crime Intelligence has requested your assistance.”

Warrant Officer Phakula acknowledges that Warrant Officer Magane works in CIMAC, which is a department within Crime Intelligence, justifying his earlier statement that Magane is from Crime Intelligence.

“CIMAC is another department in Crime Intelligence. So that is why I said he is from Crime Intelligence.”

Warrant Officer Phakula denied that Crime Intelligence requested his assistance, stating it was a misunderstanding regarding CIMAC.

“No, I would disagree with Commissioner.”

Adv Khumalo accused Warrant Officer Phakula of falsely stating that Crime Intelligence requested his assistance, which Phakula denied knowing about until the arrest.

“And that is not true. Crime Intelligence did not ask for your assistance. ... Honestly, I did not know about CIMAC until our arrest.”

Phakula admitted to misleading about the first responder's role at the crime scene and that Warrant Officer Magane did not fulfill the expected duties of taking control and securing the scene.

“... you are conveying what Magane did on that scene, and that is false because he did not do any of that. ... You did not ensure the integrity and originality of evidence and exhibits. You found them on the van, and you did nothing about them.”

Phakula agreed that the statement about Magane handing over the scene to him was a misrepresentation and that Mashaba was in charge of the scene, not Magane, based on a discussion with Magane.

“... it did not happen at all ... he said Mashaba was in charge of the scene ... Mashaba was in charge of the scene. ...”

Phakula said Magane called him to the scene and handed the scene over to him, but Magane denied being in charge of the scene.

“... the scene was handed to me by Magane as the one who phoned me to come to the scene. As to why he denied being in charge of the scene, I do not know.”

Adv Khumalo stated that according to regulations, one does not just take over from other police officers at the scene even if one arrives later, and Phakula agreed.

“... if you arrive at a scene and you find a police officer there, you do not just give them instructions. You do not just take over from them.”

Phakula bypassed two police officers already at the scene vehicle and purported to take over the scene, which is procedural misconduct.

“You bypassed them and purported to take over the scene.”

Magane was the first member on scene, so if Booysen's members were supposed to take over the scene, Magane should have handed over to them and then to Phakula, which did not happen.

“... first member on the scene, we agree it was Magane ... if it was supposed to be the Booysens members to hand over the scene to me, it would have been Magane handed over the scene to them and then to me.”

Warrant Officer Phakula works nationally and thus can be involved in operations outside his base in Pretoria.

“I am working nationally”

Colonel Sephungu initially refused permission for Warrant Officer Phakula to attend the operation.

“I first requested permission from Colonel Sephungu and he said, no, do not go”

Warrant Officer Phakula eventually got permission to attend the operation, which was the only reason he became involved.

“I got permission... and it was granted. That is the only reason why I could say I attended.”

Warrant Officer Phakula was called to assist by a non-detective station-based person named Magane who has an administrative office-based job and not related to crime intelligence work as alleged.

“You get a call from someone whose job is office bound. You say he is crime intelligence. We know he does not do this job; he told us that the job is administrative, is in the office”

Warrant Officer Phakula received a call from Magane to attend a drug operation, despite it being out of his unit's jurisdiction and functions.

“You get called out to come to this operation ... It is far from you ... and you get involved ... You have never done drug busts”

Warrant Officer Phakula claims the urgency for his involvement was because the information needed to be attended to quickly to prevent drugs from disappearing.

“The reason is the information was supposed to be attended to. So maybe the delay in attending to that would have - the drugs would have disappeared”

Adv Baloyi denies that anyone told Warrant Officer Phakula that the drugs would disappear or that there was urgency.

“he did not say to you the drugs are going to disappear ... He never said that to you ... And you never said to us there was urgency”

Magane and Mashaba had the drug operation under control and no urgency required Warrant Officer Phakula's involvement.

“Magane and Mashaba had it under control. They followed the truck ... The bakkie went in ... So there was no urgency that required your involvement”

Warrant Officer Phakula admits involvement was because he was available and had permission.

“I honestly assisted because I was available, and there was no ... and I received permission and it was granted”

Warrant Officer Phakula stated that Magane asked for backup, meaning to call the role players needed for the crime scene.

“Magane asked for backup ... Back up would include the role players of whatever the crime that you are busy investigating”

Warrant Officer Phakula started calling role players to the scene after receiving the backup request from Magane, although he was not explicitly told to call those people.

“by virtue of telling me to back up, then I know that that kind of crime will need a photographer, will need a dog unit ... That's why I started by calling them to the scene”

Warrant Officer Phakula never had prior experience managing drug crime scenes before this incident.

“you have never had to organise or manage a drug scene ...”

Warrant Officer Phakula admits to experience managing crime scenes generally, but not specifically drug scenes.

“I have experience in crime scene management ... Just not drugs”

Warrant Officer Phakula was questioned why he called many people to the scene instead of relying on people with experience such as SANEP.

“Why are you calling all these other people ... Why do you not call SANEP ... you know there are people who have experience ...”

Warrant Officer Phakula made the first call to Captain Modupi, his immediate commander, who also came to assist at the crime scene.

“The first call I made was to Captain Modupi. Captain Modupi is my immediate commander, and he also came to the scene”

Colonel Sephungu was the one who gave Warrant Officer Phakula permission to attend the operation.

“Colonel Sephungu is the one that gave permission”

Warrant Officer Phakula contacted the dog unit after Captain Modupi, and was told that Lieutenant Colonel of SANEP had a similar inquiry and would take over the scene, so he did not need to call others.

“Then I phoned the dog unit, and then they told me that Lieutenant Colonel of SANEP has a similar inquiry. So, I did not need to call other people because I believe that when he comes, he will take over the scene”

Warrant Officer Phakula organised role players for the crime scene based on Warrant Officer Magane's request to call the Forensic Laboratory for backup.

“Initially when I phoned the Forensic Lab, I was of the opinion that they still come to the crime scene and package everything... when he phoned me to say he want backup, so I understood he wants to arrange every role player for that scene.”

Warrant Officer Phakula accepted to have received handover from Warrant Officer Magane and acted as Crime Scene Commander accordingly.

“You accept that at least on your version, then you would have at least tried to fit yourself as the crime scene commander if we accept for a moment that Warrant Officer Magane handed this to you.”

Warrant Officer Phakula did not identify the investigating unit in accordance with the contingency plan nor was there a report or plan created as required.

“You did not identify the investigating unit in accordance with the contingency plan ... None of that happened. Because there was no report, there was no plan.”

Warrant Officer Phakula admitted no report was given to him by Warrant Officer Magane.

“We accept in your case there was no report given to you by Magane. No, there was no report.”

Warrant Officer Phakula did not receive any comprehensive CTRAP (crime scene report) from the first responder.

“Did you receive any of that ? A comprehensive ? Like in what ? No, I did not receive anything of that.”

Warrant Officer Phakula acknowledged he did not perform the required planning phase actions, including a walk through the crime scene, meetings with all necessary role players, and wearing proper PPE.

“You accept that no one of that happened. You did not walk to assess the situation ... You did not wear any PPE. Yes, I did not wear the PPEs.”

Warrant Officer Phakula admitted to doing a walk through but not in the formal required manner and that the scene was chaotic within 30 minutes of arrival.

“Yes, but I made a walk through ... I considered that within 30 minutes of my arrival, the scene was now starting to be chaos, uncontrollable.”

Warrant Officer Phakula admitted he did not keep the crime scene report updated as required.

“You must keep the crime scene report updated. And you never said that... You never attempted to keep a report. All you did was to rush to start taking statements.”

Warrant Officer Phakula accepted he did not complete the crime scene report (administration) during the handling of the scene due to the difficulty of the process while concentrating on statements and exhibits.

“Yes, that is true what happened ... But when you get to the crime scene, this administration is difficult to go through it, to complete it.”

Warrant Officer Phakula acknowledged not wearing PPE was against instructions, but suggested compliance was difficult in normal day-to-day work.

“No, I am not saying it is optional, Commissioner... However, in a normal day-to-day working, it is difficult.”

There were 23 bags in the back of the black bakkie vehicle at the scene, and Warrant Officer Phakula checked and confirmed they were still in the same state when he arrived.

“23, Commissioner... I checked on the exhibits and that they were still the way they were when I arrived on the scene.”

Warrant Officer Phakula confirmed knowledge of the primary crime scene location at the back of the trailer, but could not check it as the truck was reversed to the loading bay.

“Yes, at the back of the trailer... It was now impossible because the truck was now reversed to the loading bay, Commissioner.”

Warrant Officer Phakula smelled drugs at the scene based on information that there were suspected drugs in the truck, although he did not know which specific drugs or their smell.

“Because the information was that it suspected drugs, I concluded ...”

Warrant Officer Phakula initially testified that he did not touch the bags found on the bakkie to avoid contaminating the exhibits, but later admitted that he did touch them, contradicting his earlier testimony.

“You are now relying on the obvious test that you see to try to bolster your version that you did smell ... You said to us in your testimony earlier, you did not touch those bags that you found ... you said, I did not want to touch the bags ... Now you say you touched it.”

The crime scene was initially reported by Warrant Officer Phakula as being handled properly with everything in its original place and not tampered with, but photos later showed a bag was open and torn, contradicting the statement.

“The crime scene was handled and there was nothing out of place ... A bag was open and you lied and said the scene was intact ... The two versions cannot stand ... The exhibits were in their original form, not tampered with.”

Warrant Officer Phakula accepted that he may have lied in the evidence about not touching the bags and that the scene was no longer under his control when photos showing tampering were taken.

“If you can look at this picture ... that is when Magane is placed in the car and the scene was no more in our control ... I accept that ...”

Warrant Officer Phakula admitted that he touched the exhibits at the scene, contradicting his earlier statement that he did not touch them to avoid contamination.

“You are saying to us now that you in fact did touch the exhibits while you were on the scene.”

Warrant Officer Phakula admitted that he did not include in his initial statement that he touched the exhibits at the scene.

“And I also admit that I did not put that in my statement.”

Warrant Officer Phakula contradicted his earlier testimony by stating that he did touch the exhibits, and admitted that one of the bags was open at the scene, which was the only way he could have touched it.

“The issue now is the scene being, you say you touched, a bag was open. That is the only way you could have touched.”

Warrant Officer Phakula was instructed by General Khanto and others to not be involved further in the matter and to retrieve two seals from a vehicle at the scene, which he did not put himself but knew about them because he was present at the scene with Magane and Mashaba.

“You are told by General Khanto ... to not be involved any further. You go to the bakkie to retrieve the two seals ... Did you put those seals there? No ... I knew because I was with Magane and Mashaba on the scene.”

Warrant Officer Phakula accepted that he contaminated the crime scene by removing and relocating seals from the original position contrary to crime scene management protocols, although he said it was to keep them safe for the photographer's access.

“He wanted to put them safe where the photographer can be easily accessed ... You know that is against the protocol ... Yes ...”

Warrant Officer Phakula admits to removing seals from their originally assigned position and handling them personally, contrary to proper crime scene management.

“the seals were in your possession”

Warrant Officer Phakula acknowledges the improper handling of seals but justifies it as necessary to preserve exhibits and prevent loss.

“I thought I am doing the right thing by taking them to the photographer”

Warrant Officer Phakula agrees that removing seals from their place to show to the photographer contradicts proper crime scene management.

“I agree”

ADV Baloyi accuses Warrant Officer Phakula of defying instructions from General Khantel to stop interfering and unlawfully removing seals to photograph them.

“General Khantel tells you that stop whatever you are doing. You defy it”

Warrant Officer Phakula says the driver of the vehicle used to transport the drugs was arrested but not handcuffed because he was supposed to drive the vehicle to the pound.

“the driver was arrested, was not handcuffed, because he was supposed to drive the truck to the pound”

Warrant Officer Phakula justifies impounding the truck that transported cocaine drugs as necessary for chain of custody and proper evidence management.

“as a vehicle that was used in transporting the drugs”

ADV Baloyi disputes Warrant Officer Phakula's explanation for impounding the vehicle, suggesting it was unnecessary because all relevant information about the vehicle was available for court.

“why would it not make sense to go to court?”

Warrant Officer Phakula explains police practice is to impound vehicles used as instruments in crimes, such as transporting drugs.

“you can not just confiscate the firearms and leave the car... it is an exhibit, a truck itself because it was used to transport drugs”

Warrant Officer Phakula admits it is police practice to confiscate the truck in all cases where it was used to transport drugs.

“In all cases, to confiscate the truck? Yes, it is”

ADV Baloyi accuses Warrant Officer Phakula of fabricating an explanation about the necessity to impound the vehicle for transporting drugs, calling the explanation unjustifiable.

“you are making up an explanation for a decision that is not justifiable”

Warrant Officer Phakula denies fabricating explanations and states most vehicles used to transport evidence have to be impounded.

“I am not making up an explanation... that vehicle has to be impounded”

Warrant Officer Phakula states the initial plan was for the truck driver to drive the truck to the SAP13 pound near the crime scene, not the Ekurhuleni pound.

“the initial plan was that the truck driver was going to drive the truck to the SAP 13 pound”

There was no discussion about what was going to happen with the black bakkie involving Mashaba and Magane.

“that discussion with the bakkie it was, we never entertained it”