Inspectorate

Mr. Raphesu drafted an affidavit to clarify collection and chain of custody of dockets relating to the Lushaba matter.

“I w a s r e q u e s t e d t o d r a f t t h i s s t a t e m e n t f o r t h e b a i l , w h e n t h e y w e r e d o i n g t h e b a i l . N o , n o , n o , w h e n t h e y w e r e d e a l i n g w i t h t h e i s s u e o f t h e a r r e s t o f t h e s u s p e c t o n t h e L u s h a b a m a t t e r , t h e r e w a s a n i s s u e r e l a t i n g t o t h e c a s e n u m b e r s , s o I h a d t o d e p o s e t o t h i s a f f i d a v i t j u s t t o i l l u s t r a t e w h i c h d o c k e t s I c o l l e c t e d f r o m t h e o f f i c e o f t h e I n s p e c t o r a t e .”

General Khumalo informed investigators the dockets were not with him, leading to follow-up inquiry which found the dockets with the Inspectorate where General Jacobs was the Head.

“He had informed the investigators that the dockets were not with him ... the dockets were with the Inspectorate, which is why I then wrote ... to Lieutenant General Senthumule as the national custodian of the dockets”

The dockets ended up with Lieutenant General Peter Jacobs at the Inspectorate and were later handed over.

“Those dockets were then ... found to be with Lieutenant General Peter Jacobs, and were then handed over”

General Khumalo asserted that if the Inspectorate is already investigating the dockets, it should be their mandate and IDAC should not have to deal with it.

“When IDAC was told that the dockets are with the Inspectorate did it not cross IDAC's mind that ... if the Inspectorate is already investigating these issues, then it is their mandate. We do not have to deal with this”

General Senthumule came back to indicate that the Inspectorate was vested with the investigation, looking at a service delivery complaint, not necessarily the allegations that Adams made in his section 27 referral.

“General Senthumule came back to indicate that the Inspectorate was vested with the investigation and what that investigation was, and sorry, IDAC, goodbye, you cannot get those...The Inspectorate, from how I understand it, Commissioner Khumalo, and if I am incorrect, my understanding is they were looking at a service delivery complaint.”

Lieutenant General Senthumule indicated during a phone conversation that the dockets were with the Inspectorate and was unaware herself but would find out and come back with information.

“General Senthumule indicated...she indicated that she was not aware herself, that the dockets were with the Inspectorate, she would find out, and she would come back.”

The dockets referred to in the complaint were with the Inspectorate as of 6 December.

“At some point on the 6th of December, you are aware that the dockets referred to in the complaint are with the Inspectorate, correct?”

The Inspectorate is empowered to investigate service complaints against SAPS members.

“I assume that you are aware of the function, or what the function was of the Inspectorate, that it plays a specific role, and that perhaps you know, in general, it is empowered to investigate service complaints against SAPS members.”

The dockets referred to in the complaints were referred to the Inspectorate by December 6th, 2026.

“At some point on the 6th of December, you are aware that the dockets referred to in the complaint are with the Inspectorate, correct?”

The Inspectorate plays a specific role empowered to investigate service complaints against SAPS members.

“I assume that you are aware of the function, or what the function was of the Inspectorate, that it plays a specific role, and that perhaps you know, in general, it is empowered to investigate service complaints against SAPS members.”

IDAC did not intend to dispossess the Inspectorate of the dockets but sought to determine where those dockets were, acting under section 27 and subsequent authorization.

“IDAC did not intend to dispossess the Inspectorate of those dockets . What IDAC did is , acting upon the section 27 , and the subsequent authorization , IDAC sought to determine where those dockets were .”

IDAC did not intend to dispossess the Inspectorate of the dockets but sought to determine where the dockets were according to section 27 and subsequent authorization.

“IDAC did not intend to dispossess the Inspectorate of those dockets . What IDAC did is , acting upon the section 27 , and the subsequent authorization , IDAC sought to determine where those dockets were .”

The documents docketed containing original section 27 and A1 statements were exactly what the legal adviser at SAPS said and matched what the Inspectorate had, providing the basis for the charges preferred.

“Those documents, the original section 27, the A1 in the respective dockets, which is what the legal adviser at SAPS said, that is all that was contained in the dockets and I assume that is precisely what you found. You could not have found any more than the Inspectorate had.”

The docket cases opened in Gauteng were no longer with Adam but with the Inspectorate headed by General Jacobs, as informed by investigators Rapetsu or Perumal.

“that the dockets were no longer with him, and that the dockets were with the Inspectorate ... that we are referring to in terms of where General Jacobs was the Head”

Mr Adams told the team on the 6th itself that the dockets were with the Inspectorate, prompting letters to both General Khumalo and Lieutenant General Senthumule for explanation.

“you write to General Khumalo on the 6th, but on the same day you write to General Senthumule for the explanation that you have just given ... because Mr Adams told you that the dockets are with the Inspectorate”

General Khumalo informed investigators that the dockets were not with him, which led to follow-up inquiries that found the dockets were with the Inspectorate.

“He had informed the investigators that the dockets were not with him ... we then made the follow-up on where the dockets were ... subsequently found out that those dockets were with the Inspectorate”

IDAC was told that the dockets are with the Inspectorate, which prompted a letter to Lieutenant General Senthumule to facilitate procession of the dockets since the Inspectorate’s investigation was ongoing.

“I write to General Senthumule, who is the custodian of dockets. She facilitates that process. If, in fact, she came back to IDAC to say that we cannot facilitate those dockets from the Inspectorate because there is a complaint being looked at, then we had no right to ask for those dockets”

Lieutenant General Khumalo questioned if it was not redundant for IDAC to seek the dockets if the Inspectorate was already investigating the issues as part of its mandate.

“when IDAC was told that the dockets are with the Inspectorate did it not cross IDAC's mind that if the Inspectorate is already investigating these issues, then it is their mandate. We do not have to deal with this”

The Inspectorate is still seized with the complaint and trying to establish facts and is seeking a legal opinion from the SAPS Legal Services Department.

“the Inspectorate is still seized with the complaint and trying to establish facts and to determine the complaint as proffered by Mr Adams . And for that purpose , at this point , they are now seeking a legal opinion from the , internally , from the SAPS Legal Services Department”

The Inspectorate received many complaints including the allegation of cover-up by General Khumalo, and they investigate even scant complaints starting with a CAS number and a link to the station.

“The Inspectorate, any complaint that is given to them, they receive many complaints. They will go and look at what the complainant is saying, even if it is scant, go and look at it. Try to determine what is this person saying. But here you have a CAS number, a starting point, a link. Go to the station, you do not even have to go, you summon the docket.”

Investigations related to these allegations started with retrieving dockets and subpoenas and identifying witnesses.

“There are dockets that were opened in Cape Town, there were dockets opened here. These dockets are with the inspectorate. So the first was to retrieve the dockets... and where we identify witnesses, we start from there.”

IDAC requested the dockets from SAPS in writing, addressing the Head of Detectives, but SAPS could legally refuse the request.

“What I would say from my interpretation is the dockets were requested from SAPS. It was requested... I believe that request was done in writing... I think it was to the Head of the Detectives... As far as I can recall, we were lying at the inspectorate... There is a possibility of SAPS refusing...”

Major General Mokotedi was moved to the police division known as the Inspectorate, colloquially called the 'departure lounge', where senior officers are placed when there is no work for them.

“He was moved to the division known as Inspectorate which functions or is supposed to function as the internal standard monitoring the police ... Here you have Major General Mokotedi moved out of DPCI where he cannot be because he does not have top secret clearance, and he was put in the Inspectorate. The Inspectorate is quite commonly known as the departure lounge in the police ... if they have not got work for a senior person, they stick them in the Inspectorate and that is often where these Generals end up before they find another job somewhere.”