Mr Maluleke

Mr Maluleke stayed at Mr Matlala's house after being robbed and was contacted to testify against General Khan, with Mr Mogotsi involved in requesting testimony in favour of Khan.

“Mr Maluleke, I know him. He was staying at my house. ... he already spoken to some guy, Mr Mogotsi, and Mr Mogotsi asked him to go there and then to testify, but I do not know what he was supposed to say in his testimony.”

Mr Maluleke told Mr Mogotsi he would testify in favour of General Khan but wanted a promotion and some money in return.

“I am going to testify in favour of General Khan, but I want you to speak to your people to give me a promotion and some money.”

Mr Maluleke was recorded during a meeting (arranged via Mogotsi) while asking for a promotion and money in exchange for favourable testimony.

“they even recorded him, I think, because he was asking for promotion and money.”

Lieutenant Colonel Maluleke was subpoenaed to attend a crime scene because the container was a duplicate of his inquiry file about drugs, but the inquiry file is missing and could not be located.

“He further asked if I still have Lieutenant Colonel Maluleke's from DPCI in Pretoria and asked me to also subpoena Lieutenant Colonel Maluleke as the container is a duplicate of his enquiry file of which I did subpoena Lieutenant Colonel Maluleke and promised to attend. ... I was told that it was missing. It was handled by a certain Sergeant, I forgot his name, and he could not locate the file.”

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 .”

Colonel Khuzwayo and Brigadier Maluleke requested clan lab KZN team members to assist Brigadier Nyuswa's team at Isipingo on sampling in a cocaine case.

“B r i g a d i e r M a l u l e k e i n d i c a t e d t o m e20 t h a t h e r e q u e s t e d m y t e a m m e m b e r s f o r c l a n l a b K Z N t o g o t o I s i p i n g o t o a s s i s t B r i g a d i e r N y u s w a ' s t e a m a n d g u i d e t h e m o n h o w t o s a m p l e i n a C o c a i n e c a s e .”

The clan lab team does not assist DPCI or investigating officers by guiding them on how to sample exhibits as this is a forensic lab function to be done by forensic experts.

“I clearly defined and explained to Brigadier Maluleke that clan lab team do not assist DPCI or investigating officer on guiding them on how to sample because that is a forensic lab work to be done”

Brigadier Maluleke cut the call when LT-COL SONGCA explained they cannot assist DPCI in sampling.

“Brigadier cut the call”

Colonel Khuzwayo and Brigadier Maluleke requested assistance contrary to established sampling protocol which LT-COL SONGCA had to explain to them.

“This request from Colonel Khuzwayo and Brigadier Maluleke, does it mean they do not know this which you have had to explain to them?”

LT-COL SONGCA explained the sequence that Brigadier Maluleke calls her, she explains the restriction and is accepted by him.

“Brigadier Maluleke calls you first. You explain and does he accept your explanation as to why your members are not going out? He said, okay, Colonel”

LT-COL SONGCA received a call from Colonel Khuzwayo a few minutes later, repeating the request, but she did not know if Colonel Khuzwayo knew about the earlier call by Brigadier Maluleke.

“You receive a few minutes later a call from Colonel Khuzwayo. Does she tell you why she is calling you with the same instruction? Did she know that Brigadier Maluleke had just called you? She did not indicate who called her. She just said, can my team members go and assist”

Colonel Khuwayo agreed with Colonel Songca's response and informed Brigadier Maluleke that FS L could not send members to assist for reasons stated by Colonel Songca.

“I accepted and agreed with her response. Thereafter, I contacted Brigadier Maluleke and informed him that we could not send members for the reasons mentioned by Colonel Songca during our call.”

Colonel Khuzwayo initially was uncertain if the call he received in May 2022 was from Brigadier Maluleke but now recalls it was indeed him.

“That is correct.”

Brigadier Maluleke started calling Colonel Khuzwayo before going to Colonel Songa about the DPCI request.

“Yes, I think Brigadier Maluleke started to call me before he went to Colonel Songa.”

Colonel Khuzwayo never knew that Brigadier Maluleke had spoken to Colonel Songa prior to calling him.

“No, I did not even know that they have already spoke.”

Colonel Khuzwayo was not aware of the sequence of telephone calls between Brigadier Maluleke and Colonel Songa because he was phoning her at about the same time.

“I am not aware of the sequence of telephone calls because we were phoning her like it is about the same time.”

Colonel Khuzwayo received a call from Brigadier Maluleke on 23 June 2021 regarding whether DPCI members may attend a certain scene.

“He was asking me whether the members attend because he was getting a call from Brigadier Nyuswa for our members to attend.”

Colonel Khuzwayo initiated contact to inform Brigadier Maluleke that Colonel Songa agreed to the members attending the scene, but Brigadier Maluleke had not informed him of prior conversation with her.

“It is me who phoned him to inform him that Colonel Songa said this, so he said it is fine. But he did not say that he has already spoke to her.”

The call on 23 June 2021 was from Brigadier Nyuswa instructing Brigadier Maluleke that DPCI members should attend the crime scene.

“It was from Brigadier Nyuswa telling Brigadier Maluleke for our members to go and attend the scene.”

Colonel Khuzwayo was told by Brigadier Maluleke on the following day that Brigadier Nyuswa wanted members to assist with sampling and guiding at the crime scene.

“that one was from the following day now , the second call where Brigadier Maluleke says Brigadier Nyuswa wants our members to go and assist in sampling and guiding and all those things”

Colonel Khuzwayo was not told on 3rd July by Brigadier Maluleke where the members would have to go.

“But when you get the call on the 3rd from Brigadier Maluleke , he does not say where the members would have to go”

At a drug dealings scene on 9 July 2021 in Aeroton, Sebola was approached by Warrant Officer Rikhotso, who was with Colonel Maluleke, the Unit Commander of Johannesburg.

“And I was approached by Warrant Officer Rikhotso, who was at that time with Colonel Maluleke, the Unit Commander of Johannesburg.”

Colonel Maluleke was the Unit Commander of Johannesburg in the DPCI.

“Colonel Maluleke was the Unit Commander of Johannesburg”

Warrant Officer Rikhotso contacted LT-COLSebola saying his Colonel had phoned LT-COLSebola's office to ask for assistance to take over a chaotic scene.

“My Colonel phoned your office. My Colonel, he was referring to Colonel Maluleke. Can you please assist and take over, because what is happening here is a chaos”

Colonel Maluleke contacted General Kadwa, and they suspected that the bags in a black Nissan bakkie contained drugs but could not take over the scene, so LT-COLSebola had to speak to Sergeant Ndou, the driver of the marked Booysen bakkie.

“Colonel Maluleke contacted General Kadwa, and they are suspecting bags in the black Nissan bakkie are drugs. They could not take over the scene, and therefore I must talk to driver of the marked Booysen bakkie, to whom I introduced myself as Sergeant Ndou”

Mr Mashaba tried to contact Phokungwa and got a number for Magane and contacted Maluleke on WhatsApp on the day of the operation.

“he tried Phokungwa and got a number for Magane”

Mr Mashaba contacted Lieutenant Colonel Maluleke of Pretoria who was working in Organised Crime in Pretoria on WhatsApp on the day of the operation.

“It was Maluleke of Pretoria , who was working in Organised Crime in Pretoria”

Bruce Paul Bok, Unit Commander of Serious and Organised Crimes, received a telephone call from Major General Khan of CI who asked if Colonel Maluleke was reporting to him and informed that he was going to arrest Colonel Maluleke and Sergeant Masoma for defeating the course of justice.

“At 11:55, I received a telephone call from Major General Khan of CI, who also asked me whether I had a Colonel Maluleke reporting to me... stated that he was going to arrest my member... Colonel Maluleke and Sergeant Masoma... for defeating the course of justice.”

Lt-Col Sebola states that Colonel Maluleke did not take over the scene when he arrived but was just standing as an onlooker.

“Upon my arrival, yes, I have noticed that you were there. What did you do? He could not. He was just standing like an onlooker.”

General Khan introduced himself at the scene and confirmed the members standing next to the black bakkie were part of his operation from DPCI Pretoria.

“He introduced himself as Khan. I asked them what they were doing there. Then one of them was Maluleke told me that this was his operation and that he was from the DPCI Pretoria. These are the members that are standing next to the black vehicle.”

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...”

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.”

Lieutenant Colonel Maluleke was expecting a drug shipment from Durban in a container on 9 July 2021 and was called to the scene by Sergeant Phakula.

“Lieutenant Colonel Maluleke was expecting a drug from Durban with drugs in a container...I informed Sergeant Phakula to call Lieutenant Colonel Maluleke to the scene as well.”

Lieutenant Colonel Maluleke demanded Warrant Officer Magane to prepare a statement or face arrest.

“Colonel Maluleke then left us, and after a while he returned to where I was standing and told me to prepare my statement, otherwise I will be placed under arrest.”

Lieutenant Colonel Maluleke was made to leave the scene of the incident with the drug exhibits and suspects.

“Lieutenant Colonel Maluleke, who had an enquiry file, was made to leave the scene.”

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”

Lieutenant Colonel Maluleke from DPCI National Office and other officers were summoned by Warrant Officer Phakula to assist at the scene, and Major General Khan complimented the good work done despite the crowding at the scene.

“Lieutenant Colonel Maluleke from Crime Intelligence arrived and she was more than happy about the arrest and even complimented of the good work that we have done ... Lieutenant Colonel Maluleke from DPCI National Office arrived together with Warrant Officer Masuma also from DPCI as they were summoned by Warrant Officer Phakula to come and assist us with the scene ... Major General Khan arrived immediately after Warrant Officer Phakula ...”

Major Phiri denied ever paying money directly into accounts belonging to Mr Mcha or Mr Maluleke, associates of Mr Aluwani.

“Yes, I have never paid them. Yes, I have never paid into their account.”

Major Phiri states individuals linked to service providers and the City of Tshwane repay him money for services he provides, which is unrelated to official City business.

“many people are paying me a lot of money for what I do for them and I am not in the business of doing , of working . I do not register companies . I assist . People call me from Limpopo . Dealerships ask me , Mr Phiri , it is a pity that I got involved with these people and I saw that their business were drowning ... So I know them ... you will see that people are paying me a lot of money and it has got nothing to do with City of Tshwane”

Major Phiri says he borrows money from longtime acquaintances Jankia and Maluleke in small batches over months, denies any intention of borrowing a large sum, and states these transactions are personal and unrelated to City of Tshwane.

“I will say no . I will say no . I regard them as friends . I have known Jankia and Maluleke for 15 years . They did not start working . They worked at Ramalepe when Ramalepe got a contract ... Sometimes I will borrow them money and tell them I need it in 2,000 batches for 10 months . Well , I have given them 15,000 and then they will comply . And I have no nefarious intentions of borrowing someone 1 million”