Colonel Jacob

Mr. Raphesu collected the original dockets from General Jacob's office on December 9 after the signing of a letter by the ID and its sending to General Senthumule.

“On the 9th I reported to the office of General Jacobs. When I get there, I was informed that the letter has not been signed already or provided already, so I had to wait outside for the office to process the signing of the letter. Some few minutes, about 10 to 15, I was informed that the ID has signed the letter and it has been sent to General Senthumule...I signed for the docket and took them back to the office.”

Questions about performance assessments of Crime Intelligence provincial heads and section heads, as well as issues relating to Lieutenant General Jacob's refusal to return to Crime Intelligence and any related civil or labour proceedings, are raised but contested as not relevant to the mandate of IDAC.

“Where in your section 27 does this come from that there are issues about performance assessment, that there are issues about provincial heads and section heads, that there are issues about Lieutenant General Jacob? ... What does it have to do with your mandate what happened with Lieutenant General Jacob, what happened with interviews, what performance assessments of major generals in 2022/2023?”

Lieutenant General Jacob was not mentioned in Mr. Adams' affidavit and it was inaccurate to assert he had refused to return to Crime Intelligence based on the affidavit evidence.

“He is not mentioned at all. You single him out and you know that he has refused to return to Crime Intelligence, even though Mr Adams does not say that in his affidavit. He does not mention him at all, let alone that he has refused to return to Crime Intelligence.”

Lieutenant General Jacob was the Head of Crime Intelligence at the time.

“Lieutenant General Jacob at the time was the Head of Crime Intelligence.”

The investigation sought to determine the reason why Lieutenant General Jacob was not returning to his post, which necessitated appointing a different head.

“So what this sought to determine was why he, what was the reason for him not going back, which necessitated the appointment of a different head?”

The assertion that Lieutenant General Jacob refused to return to Crime Intelligence was not from Mr. Adams' affidavit but from information received outside the official documents, which raises concerns over its source.

“You know that he has refused to return to Crime Intelligence. Where do you get that from? It is not in the section 7 affidavit. It is not in the supplementary affidavit, which at this point are the only documents that speak to appointments in Crime Intelligence.”

Information about Lieutenant General Jacob refusing to return to Crime Intelligence was not documented in any affidavit or statement before the Commission, suggesting it was obtained through unofficial means.

“Someone told you that, told your investigators, and they did not tell you in any of the documents that are before us... It can only leave one explanation that this is information obtained in other ways, which are not properly explained on documents.”

The summons referring to Lieutenant General Jacob regarding his refusal to return had no basis and was outside the mandate of the investigation, yet was signed by ADV JOHNSON who had read and been briefed on the documents.

“when you sign this summons that speaks to General Jacob when there is no basis whatsoever, that is one. Two, on a matter that on the face of it does not fall within your mandate, the issues about why he refused to return, I have to assume you have read these documents when you signed them. They are presented to you. You are briefed. I must assume you ask questions because you read them.”

ADV JOHNSON stated the briefing for signing the summons was to determine why Lieutenant General Jacob was not going back and whether he was precluded from returning, to legitimize the deviation appointment of a new head.

“My engagement with the investigator who brought the document for signature is the explanation that I did provide... that they wanted to determine why he was not going back, why he could not go back, and because that would then neither legitimate the deviation that you have someone in the post who has now been moved, refuses to come back, and then that deviation becomes legitimate.”

ADV JOHNSON indicated that if Lieutenant General Jacob was being precluded from returning rather than refusing, then the deviation would itself be irregular.

“But if the person is not in the post but is being precluded from coming to the post, it means that the deviation in itself is irregular...”

ADV JOHNSON was told by investigator Mlambo, who brought the summons, that Lieutenant General Jacob was precluded from returning to his post, which justified appointing Lieutenant General Khumalo instead.

“I see on the face of the summons, it is Investigator Mlambo... And that is why there have to be this deviation of an appointment of Lieutenant General Khumalo.”

ADV JOHNSON explained the need to determine whether Lieutenant General Jacob was precluded from returning or refused to return, as this affects legitimacy of the deviation appointment and proceeding of the deviation.

“We needed to determine whether he was precluded from returning, did he refuse to return? Because if there is documentation where he refuses to return, then that deviation has to go on. If there is documentation where he has been precluded, which is paragraph 5, if you have the civil or labour proceedings pending, that precludes him from going back to that position and they could then also make the decision on whether or not the deviation must proceed.”

There was a theory that Lieutenant General Jacob refused to return to his post, which ADV JOHNSON accepted must have existed.

“There must have been ... You were aware of that theory.”

Jacob phoned Brigadier Nyuswaat Province and took him through the situation faced at that particular time.

“Jacob phoned Brigadier Nyuswaat Province and took him through the situation which we were faced with at that particular time”

Jacob took the decision to move them from the depot to Isipingo, not the witness.

“He is the one who took the decision”

Jacob did not consult the witness about the decision.

“No”

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

“Nothing”

According to Warrant Officer Mpangase, the three officers were called only to provide transport to go to Isipingo police station after the bags were unloaded from the container, not to be part of or observe the search.

“After he had unloaded the bags from the container, they were called to provide transport to go to Isipingo police station, that is when they were brought in, to come and help take these to Isipingo, they were not part of and did no observe the search”

The witness was assigned to take notes during a drug bust and drug interception operation, working under the supervision of Lieutenant Colonel Jacob, with Lieutenant Colonel Jacob and Warrant Officer Sibiya responsible for taking photos of the scene and container.

“My assigned role during this drug bust or drug interception was to take notes. Lieutenant Colonel Jacoba and Warrant Officer Sibiya were responsible for taking photos of the scene. At all times, I was working under the supervision of Lieutenant Colonel Jacob.”

A container was sealed and properly locked with an intact seal before it was opened to find black canvas bags containing bricks of suspected cocaine wrapped with inscriptions of Jaguar and TikTok emblems.

“The container was properly locked and sealed, and the seal was intact...Inside the bag were bricks of hard substance, suspected to be cocaine...These bricks were wrapped in yellow and black plastic wrappings, bearing inscriptions of Jaguar and TikTok emblems.”

Twenty-seven bags containing cocaine were offloaded from the container and inspected, with each bag found to have 20 bricks of cocaine except one bag which had 21 bricks.

“Twenty-seven bags were offloaded from the container...each bag had 20 bricks of Cocaine. Only one bag had 21 bricks of Cocaine.”

Exhibits from the drug seizure were transported to Isipingo SAPS for safe keeping, where they were unloaded and recounted, photos were taken and the exhibits were entered in the SAP 13 register under instructions of Lieutenant Colonel Jacob.

“Exhibits were loaded in the Hyundai H1 and transported to Isipingo SAPS with the sole intention of storing them there for safe keeping...I then personally entered the exhibits in the SAP 13 register at Isipingo as instructed by Lieutenant Colonel Jacob.”

The exhibit clerk at Isipingo SAPS said there was no space to keep the exhibits, leading Lieutenant Colonel Jacob to organize their transport to Port Shepstone for storage.

“The exhibit clerk asked me a strange question. He wanted to know where we were going to keep the exhibits...He told me that he had no space to keep the exhibits there...Lieutenant Colonel Jacob started making calls to look for a place to store the exhibits...After talking to Brigadier Nyuswa, Lieutenant Colonel Jacob told me that we must take the exhibits to Port Shepstone storage.”

The witness took random samples from five bags for testing and sealed them in FSL exhibit bags marked with Durban Central OCI Enquiry and Port Shepstone SAP labels and handed them over to Warrant Officer Sibiya for safekeeping.

“I randomly picked up five bags and took out samples from each brick which I randomly selected...I placed the samples inside the FSL exhibit bags and sealed them...which I later handed over to Warrant Officer Sibiya for safekeeping until Lieutenant Jacob comes back from leave.”

The witness is an experienced drug investigator with more than 10 years doing buy and bust covert operations in KZN, but had never attended a drug interception of this magnitude from start to finish before.

“I concur with Lieutenant Colonel Jacob that I am an experienced drug investigator. I have been doing drug investigation for more than 10 years, doing buy and bust covert operations in KZN, but I have never attended a drug interception of this magnitude from start to finish, either at the harbour or container depot.”

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

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

Advocate Baloyi suggests Colonel Jacob wanted to create the impression that other SAPS members who had no experience in these operations were part of the operation to legitimize the operation.

“What we suggested or put to Colonel Jacob and why he would say that they were part of the operation, is because he wanted to create an impression that other SAPS members, other than yourself and Sibiya, who had absolutely no experience in these kind of operations, and him who came back from leave just to do this operation and disappear on the same day”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Adv Baloyi asserts that the four people referred to are likely telling the truth about what happened, and accuses the witness of making up a story with Colonel Jacob about who was present during a search.

“the probability here is that the four are telling the truth of what happened , you are making up a story and you may be making up that story because that is what you discussed with Colonel Jacob”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“including your senior , Colonel Jacob”

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

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

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

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

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

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

On the morning of 2 June 2022, the amount of cocaine referenced in statements varies between 7 to 8 kilograms and 27 kilograms.

“If you look at paragraph 3 of your statement , the last sentence you refer to 7 to 8 kilogrammes of Cocaine and Jacob and Sibiya and everyone that has come before the Commission referred to 27 kilogrammes ... Which one is correct , according to your recollection ?”

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

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

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

“That did not happen that way .”

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

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

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

“That is possible .”

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

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

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

“I do not remember .”

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

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

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

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

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

“Yes .”

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

“Yes .”

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

“No, it is not so .”

Warrant Officer Mpangase says the handwriting/signature on a 23-06-2021 diary entry about a 4-hour inspection is Colonel Jacobi's.

“If I look at this, I would say the handwriting or the signature is that of Jacob.”

Lieutenant Colonel Jacob (Colonel Jacobi) had not returned to work by 23 June and therefore did not make the diary entry dated that day, which appears in the investigation diary held by Warrant Officer Mpangase.

“No, he had not come back then.”

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

“I do not have a clue.”

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

“I did not give him that permission.”

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

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

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

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

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

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

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

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

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

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

In his diary, Warrant Officer Mpangase's last entry is for 23 June 2021; the 24 June events are not recorded in his diary because those are recorded by Colonel Jacob, indicating a false entry by Colonel Jacob and omission by Mpangase.

“in your diary, the last entry by you is the 23rd of June, because what then follows is that false entry by Colonel Jacob, and then his other entries on the 29th and the 1st of July. So, in the diary you did not record the events of the 24th of June 2021.”

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

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

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

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

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

“Yes, it is possible ... Yes”

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

“Yes”

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

“I just cannot remember, but it is possible”

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

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

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

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

Adverse statements were made about the General by persons including Warrant Officer Sander, Brigadier Nyuswa, Lieutenant Colonel Jacob, and Witness H.

“there is nobody who can genuinely deny that adverse statements were made about the General by those persons.”

Warrant Officer Sanders indicated he believed the drug theft suspects are known and was informed by Colonel Jacob personally about their identities and links to management of DPCI.

“The suspect who stole the drugs are known...I was informed by Colonel Jacob personally who they are, but the links to the management. Commissioner Khumalo then interjected and said, the links to the management of DPCI, and Warrant Officer Sanders agreed.”

Colonel Jacob was appointed Acting Provincial Commander from 29 January until 18 February 2024 during the period a complaint was received and acted upon.

“you appointed him Acting Provincial Commander for the period Brigadier Nyuswa was on leave . Which is the period of when this complaint was received and acted upon .”

General Senona confirmed he appointed Colonel Jacob Acting Provincial Commander from 29 January to 18 February 2024, which confirms his evidence-in-chief.

“Colonel Jacob who was appointed to act in that period , which confirms my evidence - in - chief .”

Colonel Jacob testified he does not know who was acting Provincial Commander at the time of the complaint and denied knowledge of Warrant Officer Sander's temporary transfer or suspension.

“he says he does not know who was acting in that period . He discounts the possibility it was him . He testified that he did not know of when Warrant Officer Sander was temporarily suspended , transferred is the word , as you testified , and he categorically denied that he was a part of that meeting .”

General Senona called Colonel Jacob to his office with Warrant Officer Sander after receiving a complaint and engaged with him on these issues in a temporary transfer context.

“I called Colonel Jacob to come with Warrant Officer Sander . After I received the complaint . Into my office .”

Warrant Officer Sander was temporarily placed (transferred) following the complaint, but Colonel Jacob was not part of the meeting where this transfer was discussed.

“he was asked who was the acting Provincial Commander at the time and he testified that he does not remember and that he does not know anything about this temporary transfer . He suggests that he was not part of a meeting where Warrant Officer Sander was informed of the complaint and their transfer .”

Warrant Officer Sander had lodged a complaint about exhibits getting lost against certain people, including Colonel Jacob who testified that exhibits were removed and not fully accounted for.

“He mentioned that he lodged a complaint... about exhibits getting lost against certain people... including Colonel Jacob, one of the people against whom he was saying they took exhibits out and then those exhibits were not fully accounted for.”

Sergeant Govender's statement clarifies that he was called by Colonel Jacob after the container was already opened, and the seal was broken, for the purpose of requesting assistance to transport the drugs, implying the ORS members were not present at the seal breaking.

“Sergeant Govender states that he was called by Colonel Jacob after the container was opened, and it was for purposes of requesting assistance to transport the drugs”

Sergeant Govender's statement clarifies that the seal was not broken in the presence of the ORS members at the scene, as they were called after the seal was already broken and the container opened.

“That the seal was not broken in their presence. In a sense that, he says, when they were called to the scene by Colonel Jacob, the seal was already broken and the container was open. So even on the claim, on the basis that it happened in their presence... is not factually correct if they are to be believed”

Statement in report that ORS members witnessed the seal being broken is factually incorrect, as confirmed by evidence and statements of Govender and Colonel Jacob.

“The container was open. The seal was broken in the presence of ORS members. We now know from other evidence, including that statement of Govender, but we also know from Colonel Jacob who has accepted that ORS members were not present when the seal was broken.”

Adv Baloy explains to Senona that the statement in the report about ORS members witnessing the breaking of the seal is factually incorrect.

“A statement that says to General Mosikili the seal was broken in the presence of ORS members is an incorrect statement, right? ... that statement is incorrect factually, because members of ORS tell us in their statements, and Jacob accepts that, that they did not witness the breaking of the seal. They were just brought in to transport, to provide transport.”

Due to a break-in in October, Brigadier Nyuswatha agreed that the section 212 affidavit must be speedily finalized by investigators including Colonel Jacob as the investigating officer.

“because of this break-in of October, we agreed with Brigadier Nyuswatha that they must speedily finalise this ... I was made to understand that Colonel Jacob was the IO”

Colonel Jacob's departure was due to resignation, not retirement, contrary to his presentation as retiring.

“you confirm that this departure was as a result of resignation, not retirement, because Jacob said he was retiring”

Colonel Jacob told Brigadier Nyuswa he had exhausted all avenues to find storage for the exhibit.

“he tells you that he has exhausted all avenues.”

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

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

Lieutenant Colonel Jacob was the SANEB team leader and also led the Economic Protected Resources (EPR) unit at the time of the drug investigation.

“He is now a Unit Commander of the same unit, Durban. Warrant Officer Mpangase informed me he was attending the operation with Lieutenant Colonel Jacob and Warrant Officer Sibiya. Also, Warrant Officer Sibiya is a member of SOCI but at the time, for EPR unit.”

Colonel Jacob was supposed to report to Colonel Dhlomo, who in turn would report to Brigadier Nyuswa.

“Colonel Jacob is supposed to report to Colonel Dhlomo, and Colonel Dhlomo will in turn report to me. That is the line.”

On 22 June 2021, the SANEB team led by Lieutenant Colonel Jacob found 27 black bags containing suspected cocaine at a container depot in Isipingo.

“Later that morning, I received a call from Lieutenant Colonel Jacob informing me that the team searched a container at Isipingo container depot and found 27 black bags containing bricks suspected to be Cocaine.”

Lieutenant Colonel Jacob encountered a problem when the Isipingo police station would not allow the exhibit to be stored, and after exhausting all avenues, Brigadier Nyuswa contacted the Forensic Science Laboratory to find storage space.

“Lieutenant Colonel Jacob called me and told me the team encountered a problem at Isipingo who would not allow the exhibit to be stored at Isipingo police station . He also told me that he had exhausted all avenues. I told him I will try to find spaces somewhere, and I will call him back. I contacted Brigadier Maluleka and Colonel Khuzwayo of the Forensic Science Laboratory... I asked her if FSL had the space to store the exhibit, and she said they did not.”

For the purposes of the drug investigation operation, Brigadier Nyuswa became effectively the superior officer to whom Colonel Jacob reported, instead of Colonel Dhlomo.

“I admit that, Commissioner.”

Lieutenant Jacob was told to speed up the finalisation of the investigation to have the exhibit sent to FSL for destruction but more samples and space were needed at FSL.

“I called Lieutenant Jacob and told him to speed up the finalisation of the investigation in order for the exhibit to be sent to FSL for destruction. If I recall correctly, Lieutenant Colonel Jacob told me that he went to Amanzimtoti FSL but that they needed more samples”

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

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

Brigadier Nyuswa admits he did not authorize Colonel Jacob to return from leave to attend the operation at Isipingo.

“you do not say here that you authorised Colonel Jacob to come from leave in order to attend to this.”

Brigadier Nyuswa clarifies that Colonel Jacob was on leave at the time and he did not initially consider it in his statement, suggesting an oversight.

“And then, I remember that he was on leave. Because when I submitted my initial statement, that was not in my mind... I think it is an oversight on my side, and I agree I should have informed the Colonel.”

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

“Mpangase did tell me that.”

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

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

Brigadier Nyuswa did not sign Colonel Jacob's leave form because leave forms are normally signed by the immediate commander, and he only signs for Unit Commanders.

“No, I were not because I did not sign his leave form, the SAP 26. The leave form is normally signed by the immediate commander. At my level, I only sign for the Unit Commanders.”

Brigadier Nyuswa agrees it was an oversight not to inform the Unit Commander about authorizing Colonel Jacob's return from leave.

“I think it is an oversight on my side, and I agree I should have informed the Colonel.”

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

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

Brigadier Nyuswa did not investigate why Warrant Officer Sibiya, who lacked drug bust experience, was sent with Lieutenant Colonel Jacob.

“I did not probe it because normally when we attend crime scene, we include many people. Also, people from different sections, also different departments as well.”

Brigadier Nyuswa confirms that the first call he received from Colonel Jacob was early in the morning and that Colonel Jacob was at the crime scene reporting the discovery.

“The first call I received from Colonel Jacob to me, because I was not there, he was at the crime scene reporting the discovery.”

Colonel Jacob complained to Brigadier Nyuswa that they were not allowed to hand in the exhibit at the Isipingo police station due to safety concerns and lack of storage space.

“that they were not allowing him to hand in the exhibit, because there was safety concern... and also they did not have storage for the amount of exhibit that they were having.”

Brigadier Nyuswa contacted FSL after speaking to Colonel Jacob because he wanted them to rescue them and take the exhibits.

“Because I wanted them to rescue us, to take the exhibits.”

Brigadier Nyuswa asserted that Colonel Jacob never told him he had called FSL earlier that day or that he had exhausted all avenues, hence Nyuswa called FSL without knowing this.

“No, if my recollections serve me correct, no.”

Brigadier Nyuswa disagrees with the timeline given by Lieutenant Colonel Prinsloo and says that Colonel Jacob is not from the tracing team.

“I disagree, Commissioners. I think the timing of, the timeline of Colonel Prinsloo here is wrong. Also, what is also incorrect here, I never communicated that the tracking team, because Jacob is not from the tracking team, tracing team.”

Brigadier Nyuswa asserts that he was called by Colonel Jacob from Isipingo in the afternoon, possibly from 12pm onwards, contradicting the timeline given by Lieutenant Colonel Prinsloo.

“Jacob called me from Isipingo. It was afternoon, maybe from 12 onwards. Hence I am saying this timeline of Colonel Prinsloo is wrong.”

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

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

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

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

Brigadier Nyuswa did not personally inquire from Durban police stations about their capacity to store 540 kilograms of prohibited substances, instead relying on Colonel Jacob who told him he had exhausted all avenues.

“I did not, Commissioners, because already Jacob, Colonel Jacob told me he exhausted all the avenues...I took it when he said he has exhausted all avenues, as an experienced drug investigator.”

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

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

There is no SAPS record that Colonel Jacob came on duty on 22nd June other than the verbal authority from Brigadier Nyuswa.

“So there is no record in SAPS that he came on duty that day other than you.”

Brigadier Nyuswa informed General Senona about the attempted break-in and that he told Jacob to speed up the investigation.

“I informed him and I told him what I told Jacob.”

Colonel Jacob was in the meeting in February 2024 where Warrant Officer Sander's placement was discussed.

“Colonel Jacob, according to Warrant Officer Sander, was in that meeting”

Complaints laid by Warrant Officer Sanders against certain officers about loss of exhibits were addressed only against one person and no action was taken against others, including Colonel Jacob.

“he laid complaints against certain officers about loss of exhibits... action was taken against only the one person and nothing was done about the other officers, who included Colonel Jacob”

Complaints that Warrant Officer Sanders testified to were acted upon by Brigadier Nyuswa's office following proper channels and appointments of functionaries to investigate.

“Yes. Did he send them to me or it came through the channels? Because I would receive something from Colonel Jacob and then also report to the Provincial Head and then the functionaries would be appointed to investigate.”

Brigadier Nyuswa was not aware of allegations against Lieutenant Colonel Jacob colluding with a drug cartel or an IPID investigation against him at the time he joined as Acting Provincial Commander in April 2020.

“When you joined, were you aware of the allegations against Lieutenant Colonel Jacob that were similar to the allegations that were later made against Warrant Officer Sander that he was colluding with a drug cartel? Were you aware of that? And that there was an IPID investigation against Lieutenant Colonel Jacob? - No.”

Lieutenant Colonel Jacob was once placed at Serious Commercial Crime during the investigation period and then moved back to SANEB after the investigation was finalized.

“I know that he was once placed at Serious Commercial Crime. - ... And it was pending the outcome of that investigation and when that investigation was finalised he was moved back to SANEB.”

Colonel Prinsloot expressed concern about the safety of exhibits after a break-in and communicated this to Brigadier Nyuswa, who reported it to General Senona and General Jacob but did not take further security measures, only urging to expedite the investigation.

“ADV KHUMALO SC”

Experts testified it is very difficult or impossible to identify the consignee or owner of drug consignments, and investigation officers have never found the consignee.

“People who have expertise in this field have said that it is very difficult, if not impossible, to ever get to know who the person supposed to receive the consignment is ... they basically said they have never found the consignee.”

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

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

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

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

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

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

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

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

The speaker denies failing to ensure exhibits were properly sealed and labelled, citing that this duty rests primarily with the crime scene supervisor from the Local Criminal Record Centre (LCRC) and that the scenes were not processed at the depot due to an unusual risk assessed by Lieutenant General Jacob.

“I dare that I failed to ensure that the exhibits were sealed and labelled. Paragraph 14(3)(c)(iv) of the National Instruction 1/2015 stipulates that the crime scene supervisor from the Local Criminal Record Centre , LCRC, is responsible for ensuring that all the evidence collected is locked and handled correctly including being sealed at the crime scene where practically possible. Furthermore, SAPS National Instruction 8/2017: Property and Exhibit Management National Instruction, 8/2017 , at paragraph 14(8)(vii) and (ix) requires that drugs be sealed in forensic evidence collection bags and that this must be done in the presence of the suspect. The decision not to process the scene at the CHC Depot and consequently not to call the LCC was taken by the crime scene Commander , Lieutenant General Jacob due to the circumstances defined above on the unusual scene at the depot and the risk thereof.”

The speaker denies failing to call the Local Criminal Records Centre (LCRC), stating that as a subordinate officer acting under the command of Lieutenant General Jacob, he had no authority to make such a call.

“I deny that I failed to call the LCRC. Paragraph 13(2)(f) of National Instruction 1/2015 is unequivocal. The crime scene Commander must take immediate responsibility in requesting that the Crime Scene Examiner from the LCRC attend the crime scene for processing. I was a subordinate officer acting under his command and had no authority to make such a call.”

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

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

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

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

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

“They were not according to the National Instruction.”

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

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

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

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

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

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

Lieutenant Colonel Sibiya has conducted several operations with Colonel Jacob as the team leader, mostly operations involving search warrants but no prior drug seizures before June 2021.

“With Colonel Jacob I had conducted operations with. Quite several because he was my team leader... we have executed some search warrants at the premises in Phoenix... no drug seizure... this was my first drug seizure...”

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

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

Colonel Jacob also took photos at the drug bust but it was his first time at a depot, which LT-Col Sibiya was not aware of.

“Colonel Jacob was also taking photos ... It was also his first time at a depot, by the way. ... I did not know that, Chair.”

LT-Col Sibiya's pocket book records his activities such as attending the CHC Depot and picking up Colonel Jacob, then moving to Port Shepstone to store exhibits and reporting off duty.

“The activities that you have done ... attended at CHC Depot ... picked up Colonel Jacob ... then moved to Port Shepstone to store exhibits ... then I report off duty.”

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

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

Lieutenant Colonel Sibiya states that Colonel Jacob did not brief them on their individual tasks but only informed that they were going to meet Captain Duma, who had important information.

“he only told us that we are going to meet Duma, he is got very good information that we need to act upon, but we will hear from Duma when he briefs us”

Lieutenant Colonel Sibiya explains that Colonel Jacob jumped out of the car before he parked and then called him to come and meet Captain Duma, who started briefing them.

“Then after parking and then Colonel Jacob called me. Then I went to them. Then he introduced me to Duma. He said this is Captain Duma from Crime Intelligence, he is the one with information. Then Captain Duma started briefing us.”

Lieutenant Colonel Sibiya denies that there was any discussion between Captain Duma and Colonel Jacob in his absence before the briefing.

“No, I do not think there was a discussion.”

Lieutenant Colonel Sibiya clarifies that he was driving when Colonel Jacob exited the car and that the Colonel went towards Captain Duma's car for the briefing.

“We came around the parking, I stopped, he said stop, he jumped out of the car, I came in the other side of the parking, I parked, then he called me.”

Lieutenant Colonel Sibiya says that when they arrived at the CHC depot, Colonel Jacob jumped out of the car with Captain Duma and went to the offices of the depot managers, leaving others behind at the cars.

“There was some area where we parked. Then Colonel Jacob jumped out of the car with Captain Duma. When the vehicles were parked, Captain Duma and Colonel Jacob went to the offices of the depot managers. We remained next to the cars there.”

Lieutenant Colonel Sibiya states that after the meeting with the depot managers, they were accompanied by a lady who introduced herself as Mrs Pillay and showed them the container which was stacked with other containers on top and had container numbers to distinguish it.

“They came back with a lady, I think. She introduced herself as Mrs Pillay and other people that were accompanying them. And then she pointed at the container that we were interested in, but the container was stacked with other containers on top. They have got the container numbers, so that they used to distinguish which container is this.”

Colonel Jacob stated that the only hindrance to movement was two metres behind Lieutenant Colonel Sibiya as he faced the containers, and he never mentioned machinery moving next to the containers being picked up.

“The only hindrance in terms of movement that he told us about was that there was movement behind you. Two metres behind you. He never said anything that suggests that there was movement of machinery right next to the containers. With containers being picked up.”

Lieutenant Colonel Sibiya confirmed that there was movement two metres behind him and two metres from the doors of the containers, as stated by Colonel Jacob.

“That was the case.”

Advocate Sello confirmed the container was pulled up for demonstration purposes and that Colonel Jacob's comments about the container size do not relate to the particular seizure being discussed.

“Commissioner Khumalo, I confirm it was pulled up yesterday for demonstration purposes. To deal with the point Colonel Jacob was making about what he meant by the size of the container. That definitely I confirm does not relate to this particular seizure.”

Lieutenant Colonel Sibiya stated that movement of machinery was a relevant factor that caused Colonel Jacob to move the crime scene.

“It is not, sorry Chair, it is not irrelevant because it is one of the factors that caused us to move the - that caused Colonel Jacob to move the crime scene.”

Lieutenant Colonel Sibiya agreed that the limited space prevented a search in front of the container and that machinery movement was one factor causing the crime scene to be moved by Colonel Jacob.

“Yes, Commissioner.”

Lt-Col Sibiya stated that the decision not to cordon off the scene was made by Colonel Jacob and that he complied with this instruction without challenge, despite any misgivings.

“I had already said that if we were going to close shop, it was going to be done ... If a Commander says this is a decision I am taking, you cannot challenge your Commander”

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

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

Colonel Sibiya admits he made a mistake by initially saying the ORS were there before the seal was broken, clarifying they were actually requested by Colonel Jacob after the seal was broken due to the discovery of drugs.

“What makes me remember that it was after the seal was broken was the fact that they were requested by Colonel Jacob to assist.”

Advocate Baloyi accuses Colonel Sibiya and Colonel Jacob of having identical and copied statements about the presence of customs officials.

“My concern is that you and Colonel Jacob, your statements are the same on this issue ... you have done exactly that. You have looked at each other's statement, that is what it looks like, and you repeat what the one has said in their statements.”

Colonel Sibiya denies copying Colonel Jacob's statement, stating they may have discussed issues but not for the purpose of preparing the affidavit.

“Chair, I never copied his statement. He never copied my statement. Obviously, I report to Colonel Jacob as a Unit Commander. Now and then we will have discussions. Not to say we are telling each other what to write in your affidavit, no.”

Colonel Sibiya denies Colonel Jacob sought to influence him between June or July 2021 up to 1 June 2026 regarding his statement.

“No.”

Lt-Col Sibiya was given instructions by Colonel Jacob to take pictures of the seal being broken using a state phone before it was broken.

“The instruction to take pictures was given to me before the seal was broken because I got the photos of the seal before broken ... I was using my phone ... as a state phone”

Lt-Col Sibiya did not share Colonel Jacob's concern about possible invasion or attack while remaining at the scene.

“I never thought of that”

Lt-Col Sibiya did not know of a document that required reporting before assisting but reported to Captain Majola's office who was acting while Col Jacob was on leave.

“No, no, I do not know of such a document. Your report to your Immediate Commander of all the activities that you are about to partake. So, you just inform him. ... I went to Captain Majola’s office who was acting, because Colonel Jacob was on leave.”

Other members from ORS were also called to assist and conducted inspections during the same operation alongside Lt-Col Sibiya.

“Yes, from ORS who were also conducting inspection. Then Colonel Jacob requested, after seeing a vehicle, requested them to assist us in taking the exhibit to the police station.”

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

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

Lt-Col Sibiya clarified that his notes about space being limited and risk to members and exhibits were his own observations and not discussed with Colonel Jacob or Warrant Officer Mpangase.

“Those were my observations of the situation, and I have not discussed them with anyone, so yes. ... No, it is not what was said on the scene.”

Lt-Col Sibiya did not recall the reasons Colonel Jacob cited for deciding to go to Isipingo and only recalled being told to load bags and proceed there as requested assistance.

“I do not recall, Chair. ... I remember him saying that I have requested for assistance, let us go to Isipingo. Let us load the bags and go to Isipingo, SAPS.”

Lt-Col Sibiya and Colonel Jacob gave the same explanation for moving to Isipingo but said they did not discuss this on the spot and it was based on their own observations.

“Those were my observations of the situation... Not only us conspiring, maybe trying to plot something, It could also be that what I was observing is the very same thing that he was observing.”

Colonel Jacob requested assistance with transport at the harbour depot.

“Colonel Jacob went and requested assistance in terms of providing us with transport”

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

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

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

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

The bags that could accommodate the exhibits were in the car driven by LT-Col Sibiya, not brought by Colonel Jacob.

“No, no, they were in the car that I was driving”

Colonel Jacob went and got SAP13 (official) and returned with Warrant Officer Perumal at Isipingo.

“Firstly, it was Colonel Jacob who went and got SAP13. And then he came back with Warrant Officer Perumal”

Colonel Jacob went and got SAP13 who is a clerk, and returned with Warrant Officer Perumal.

“Warrant Officer Perumal was the SAP13 clerk”

Lieutenant Colonel Jacob informed personnel to proceed to Isipingo SAPS and requested assistance from ORS Harbour members.

“Lieutenant Colonel Jacob informed us that we should proceed to Isipingo SAPS. He requested members from ORS Harbour to assist us.”

Colonel Jacob accepted that ORS members were not part of the operation but only provided transportation for the consignment to Isipingo.

“Colonel Jacob, who was in charge of the scene, accepted that they were not part of the operation. He accepted that all that they did was to give you a lift, to give the drugs a lift. So they provided you with transport, and that is what they were called for.”

Oral evidence shows a dispute that Colonel Jacob amended his position to accept ORS presence during counting but agrees they left before completion.

“Colonel Jacob amended his position, which was initially like yours. And he said, ja, maybe they were there, actually, I think, something to that effect. They were there when we started counting and they, of course, left off to do their work.”

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.”

Lieutenant Colonel Jacob and his team escorted individuals to Isipingo SAP where they assisted in offloading black bags containing suspected cocaine bricks which were then counted by DPCI members.

“Then we were escorted by Lieutenant Colonel Jacob and his team to Isipingo SAP, where we assisted in offloading the black bags. The DPCI members were busy counting the bags. The yellow and black bags, bricks, sorry, of suspected Cocaine when we left the scene.”

Warrant Officer Perumal expressed to Lieutenant Colonel Jacob that there was no space to store the drugs at the station when seeing the number of bags.

“Initially, when he came and saw the number of bags, he said, so much? I do not have space.”

Lieutenant Colonel Sibiya asserts Warrant Officer Perumal clearly stated he did not have space for the drugs and denies that Colonel Jacob asked about storage space.

“I also did not say that Colonel Jacob asked Perumal about the space. I said Warrant Officer Perumal said he did not have space.”

Warrant Officer Perumal stated in his statement that Colonel Jacob did not tell him about wanting to store the exhibits at SAPS 13 storeroom; rather they have a safe place to store them and there was enough space at the station.

“Colonel Jacob did not tell me that he wanted to store the exhibit in the station SAPS 13 storeroom. Rather, he said they have a safe place where they will store them. There was enough space at the station to accommodate the said exhibit. I did not implicitly indicate to Colonel Jacob that there was no space to store large amounts of drugs.”

Lieutenant Colonel Sibiya claims Warrant Officer Perumal must be lying because it would have been illogical for him to call Colonel Jacob to inform commanders about lacking space at the police station if they actually had space.

“I would say the man is a liar. Why would we call Colonel Jacob to contact our Commanders informing them that we do not have space whereas we are at the police station?”

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

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

Warrant Officer Perumal was approached by Colonel Jacob from DPCI who informed him about the recovery of a huge quantity of drugs from CHC containers in Prospecton, and the intention was to book it into the SAP 13 register, sign for it, and take it away without intending to store it at Isipingo.

“On the 22nd of June 2021, I was approached by Colonel Jacob from DPCI who informed me that they recovered a huge quantity of drugs from CHC containers in Prospecton, and they want to book it into our SAP 13 register and sign for it and take it away.”

Warrant Officer Perumal said he did not have space to store the drugs.

“Warrant Officer Perumal explicitly refused to keep the exhibits on the day, and that I should have been aware of the same.”

Lt-Col Sibiya overheard Warrant Officer Perumal talking to Colonel Jacob on 22 June 2021 at SAPS Isipingo stating that they do not have space to store the drugs and discussing that a team would arrive to escort the drugs.

“On 2021-06-22, the day of the seizure, while at the SAPS Isipingo, I overheard the SAP 13 Clerk Warrant Officer Perumal talking to Colonel Jacob, stating that they do not have space to store the drugs. Thereafter, I overheard speaking over the phone, indicating that we require a place to store drugs. After deliberation, Colonel Jacob informed us that the Brigadier had indicated that a team would arrive to escort the drugs.”

Lieutenant Colonel Jacob indicated that he had spoken to Brigadier Nyuswa about a safe place to keep the exhibits away from Isipingo.

“Lieutenant Colonel Jacob indicated that he has spoken to Brigadier Nyuswa about a safe place to keep the exhibits”

Up to a certain point, Perumal, Jacob, and LT-COLSIBIYA were not disagreeing about the storage of exhibits, but a disagreement arose later when LT-COLSIBIYA made a subsequent statement.

“Up to that point, Perumal, Jacob, and yourselves were not disagreeing because all your three statements up to that point where we book these things in, we took them out.”

There was a sudden change in the statements regarding the issue of disagreement over storage space between Perumal and Colonel Jacob, despite prior consistency.

“You and Colonel Jacob have suddenly flipped or changed. All of a sudden, when with the two of you as well there was never an issue around this..”

All three role players (Colonel Jacob, Warrant Officer Perumals, and Lt-Col Sibiya) were agreed that there was no inconsistency regarding why an issue needed clarification.

“all three role players are agreed on this issue”

Without a reasonable explanation, the later version of events by Lt-Col Sibiya and Colonel Jacob appears to be concocted and does not make sense.

“Absent an explanation that makes sense, this later version by you and by Colonel Jacob appears to be concocted. The explanation you give does not make sense.”

Warrant Officer Perumals told Colonel Jacob there was no space for the exhibit bags, prompting the need to take them to Port Shepstone; this conversation was overheard by Lt-Col Sibiya, but neither Perumals nor Jacob recall the detail fully, requiring Sibiya to remind them.

“It could only be because Warrant Officer Perumals said to him there is no space ... you overheard Jacob talking to Perumals ... Neither of them remember the conversation, and it is you who must remind them that the conversation took place.”

Lt-Col Sibiya's current explanation about the conversation and why exhibit bags were not left at Isipingo is inconsistent with previous accounts and appears to be made up to provide a reason.

“I want to suggest to you that you made up, in this clarification statement, you made up a reason why these exhibits end up not being left at Port Shepstone. And what you make up is to say they had a conversation, Jacob and Perumal, and Perumal said, I do not have space.”

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

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

Colonel Jacob's first statement was unsigned and unacknowledged initially, but he later accepted it as his first statement.

“This is Colonel Jacob's. My gosh, it is unsigned. He probably did not... He accepted it. He accepted it. I raise that issue when Advocate Sello took him through it. And he accepted that this is his first statement.”

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.”

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

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

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

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

The investigating officer was supposed to brief Colonel Jacob when he came back, but LT-COL Sibiya did not brief him.

“He was supposed to be briefed by the investigating officer. I did not brief him”

On 1 July 2021, LT-COL Sibiya accompanied Colonel Jacob and Warrant Officer Mpangase to the depot to unpack a container and carried out an inspection to verify that the packing list corresponded with the number of bags in the container.

“On 1 July 2021 I was requested by Colonel Jacob to go with him and Warrant Officer Mpangase to the depot to unpack the container. The container was opened. The labourers, they moved the bags. We inspected the container. We confirmed that the packing list corresponds with the number of bags”

Colonel Jacob stated in his own statement that they conducted a count of animal feed bags corresponding with the packing list and then released the container. However, LT-COL Sibiya clarifies they went back for further inspection and rejected that it was only a count.

“We conducted a count... We proceeded there. We conducted a count of that number of bags of animal feed. This corresponded with the packing list, and then we released the container... He does not say in his statement, we went back for further investigation... I do not understand why that is your problem”

ADV BALOY ISC suggested to Colonel Jacob that the return visit to the container was a charade to give the appearance of continuing an investigation when in fact there was nothing amiss.

“I suggested to him that this was a charade... It wanted to give appearances that we continued to investigate the docket. There was nothing amiss. This was a serious matter. We were investigating the docket. That is why we went back on that day, and I do not accept that explanation”

Contrary to LT-COL Sibiya's claim, ADV BALOY ISC asserts that the container was not emptied and the evidence that the labourers emptied the container is contradicted by the Commander who was in charge on the day.

“You did not empty the container. Your Commander, who was in charge of the scene on the day, said you did not empty the container. You took out the first few bags, and from the first few bags you knew that all is good... So you are contradicting Colonel Jacob again when you say the labourers emptied the container. That is not his evidence”

ADV BALOY ISC accuses Colonel Jacob of lying about the container not being emptied, stating that Colonel Jacob was untruthful when saying only the front bags were taken out and the container was released after verifying the smell and the packing list.

“So, Colonel Jacob lied to us when he said the container was not emptied, only the front bags, and then you checked around and you were satisfied from the smell and the number of bags that correspond with the list that all is good? He was untruthful when he told us that is what happened”

Colonel Jacob told LT-COL Sibiya the reason for going to the depot was to conduct a further inspection to see if anything was missed in the container that day, especially for more drugs.

“He said we needed to go and conduct a further inspection on the container to establish if maybe there was something that we did not pick up on that day”

The witness did not mention a visit on 1 July in their first two statements but mentioned it for the first time in a later statement, appearing to align with Colonel Jacob's paragraph, suggesting the visit might be a recent invention or addition after discussions between the witness and Colonel Jacob.

“So it seems it gives appearances that this is a creation, a new creation of something that is supposed to have happened on the 1st of July when, in fact, nothing like that happened, and you would have either because you and Colonel Jacob had a discussion and agreed to add this”

The addition of the visit on 1 July to the statements seems to have been agreed upon between the witness and Colonel Jacob, and is problematic because initial statements did not mention this visit nor did the depot manager's statement initially.

“It looks like this is something that you agree to manufacture and add here, because otherwise you would have mentioned it in your earlier statements where you account for your involvement.”

The statement by the depot person was taken by Mashau, not Colonel Jacob, and seems to have been influenced by someone reaching out to this person to include the 1 July visit in a new statement, creating problems for the credibility of that addition.

“The suggestion that has been made is that... that statement was taken by, not by Colonel Jacob? - Mashau.”

Lt-Col Sibiya explains that a chain of custody issue over exhibits related to cocaine and mandrax was blamed on Warrant Officer Jooste after Lt-Col Jacob gave exhibits to Jooste who failed to deliver them to Forensic Science Laboratory (FSL).

“Colonel Jacob had handed over the exhibits to Warrant Officer Jooste, and then Warrant Officer Jooste was supposed to take the exhibits to Forensics, and he did not take them ..... he also submitted a chain statement to say that indeed they received the exhibits from Colonel Jacob and forwarded them to FSL ..... meanwhile, the exhibits were not received and the acknowledgement receipt could not be found.”

Statements obtained from Govender and Mkhize by the investigating officer were true reflections of their observations on the scene and there was no intention to mislead or defeat the process.

“I was the Investigating Officer that did obtain statements from Govender and Mkhize. Had I had an intention of misleading or defeating or doing anything underhanded, that would have been reflected in those statements that I obtained from them. My statements that I obtained from these relevant members was indeed a true reflection of their observations on the scene.”

The statement submitted by Colonel Jacob to the Commission was overly brief and omitted details present in his original information note regarding reasons for moving the operation from the depot to Isipingo Police Station.

“the fact that your statement, the statement that you filed with the Commission, is overly brief and you would have wanted to highlight once again to the questions posed to you by the Commissioners, the detail that you had in your original information note, as you call it, but somehow did not find its way into the statement.”

Colonel Jacob considered that carrying exhibits to a less congested area at the far end of the CHC container depot posed certain risks but deemed it safer than conveying them to Isipingo SAP about four kilometers away, which is situated near Umlazi, a high-risk area. He also considered calling a tactical team to assist but decided against it due to their longer response time and preference for unpacking and counting at the police station to reduce risk.

“I considered possibly carrying these bags to a less congested area at the far end of the depot. In my opinion, the risk associated with conveying these exhibits to another part of the depot was greater than the risk of conveying the exhibits to Isipingo SAP, which is approximately four kilometers away from the depot. The depot is situated approximately 11 kilometers away from Umlazi, which is a high-risk area. I considered calling a tactical team to assist to secure the area, but decided against it as I knew their response time would be longer than I would have required. I also based this decision on the basis that the unpacking and counting at the police station would pose lesser risk.”

An information note prepared by Colonel Jacob for consultation with the Evidence Leaders was more detailed than the initial statement and aimed to develop a fuller explanation of his decisions regarding the movement of exhibits.

“I did what I called an information note, which was much more detailed. So with your indulgence, I would like just read out that little paragraph that deals with what …”