Pretoria

ADV Serunye saw an affidavit thought to be related to the case, which was signed in Cape Town but stamped with a Pretoria IDAC stamp, which he did not understand.

“It was clear he had signed it in Cape Town and the Commissioner of Oath had signed, but there was an IDAC stamp next to it, which was a Pretoria stamp, which I could not understand.”

ADV Baloyi informed that the affidavit signed in Cape Town and deposed in Pretoria is an A1 statement and not the document referred to as the section 27 referral.

“The one you are referring to, which is signed in Cape Town and deposed in Pretoria, that is an A1 statement. It is not a 27.”

Allegations existed and were unclear why General Lushaba was charged for fraud and defeating the ends of justice when he was a victim of a syndicate robbing and drugging people in Pretoria.

“There were allegations that ... Lushaba's original statement was missing from the docket, and that the statement in the docket was made after the fact but did not make sense. ... This is a District Court matter, defeating the hands of justice against whoever removed Lushaba's initial complaint and statement ... this is what I am saying in the meeting... this is not the case ... he is a victim of what appeared to be a syndicate drugging victims and robbing them ...”

Investigators generally do not carry their commissioner of oaths stamps, and Mr Perumal had no stamp with him on 6 January 2025, thus he commissioned no statements then.

“No, none of the investigator generally carry. Also, the Pretoria stamp will be futile in Cape Town. But on that day, Mr Perumal had no stamp, and he commissioned no statements.”

Statements commissioned by Mr. Perumal dated 6 January 2025 relate to the issue under discussion, with signature and location discrepancies noted between Pretoria and Cape Town offices.

“And this is a statement that was commissioned by Mr Perumal on the 6th of January 2025... ...the practice of being signed both at Pretoria and Cape Town.”

The Commissioner of Oaths signs statements with full names, office, station address, and agency, but errors occur with inconsistent dates and duplicate signatures in Pretoria and Cape Town.

“They sign their full names, their office, the address of where they are stationed and the agency for which they work... ...typical error of being signed both at Pretoria and Cape Town. It is consistent, that error, through all of them.”

IDAC only has a national office in Pretoria, which explains why the official signatures mention Pretoria despite some statements being signed in Cape Town.

“IDAC only has a national office which is Pretoria...”

The offence described in the affidavit occurred at Crime Intelligence offices, Prieska Street, Erasmuskloof, Pretoria, in October 2024.

“the offence took place at Crime Intelligence Officers Prieska Street, Erasmuskloof, Pretoria...the date of the offence is October 2024”

Mr Nku received information in or about April 2021 from a known gentleman relating to an individual allegedly a key figure in kidnapping activities around the country; he forwarded this information to Chief Mashaba and commenced his own intelligence gathering efforts.

“In or about April 2021, I received information from a gentleman whom I knew... He provided me with information relating to a particular individual who was allegedly a key figure in kidnapping activities around the country... Upon receiving the individual's details, I immediately forwarded the information to Chief Mashaba and requested that he assist in investigating the matter. Simultaneously, I commenced my own reconnaissance and intelligence-gathering efforts regarding the individual concerned.”

A group of between 5 and 10 people attacked the Forensic Science Laboratory in Pretoria, held security guards and tied them, and one police officer was shot during the incident related to an attempted theft of drugs.

“A group of people, between 10 and 5, attacked the Forensic Science Laboratory in Pretoria. They held these security guards, tied them... one policeman, officer, was shot by this group.”

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

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

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

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

ADV BALOYI SC argues under COLONEL JACOB's account, the drugs' only possible fate was theft, not destruction, as the lab did not have the drugs due to lack of space.

“Your answer then suggests that the only destiny for these drugs was they were going to be stolen because this lab was not going to have them because they do not have space and Pretoria, you tell us, you even tried Pretoria, it does not have space. The lab could never destroy the drugs though the investigation finished, and their destiny was to be stolen.”

FSL labs nationwide number at least four, including Gauteng, Western Cape, KZN Amanzimtoti and Gqeberha, with Amanzimtoti known to be overburdened and referring exhibits to Pretoria or Western Cape labs.

“Nationally, there should at least be four labs. Gauteng, Western Cape, KZN, Amanzimtoti and Gqeberha...when Amanzimtoti was inundated with exhibits and the workload was too much, they would then refer cases to either FS L Pretoria or also the Western Cape.”

The laboratory (FSL) did not have storage capacity for 541 kilograms of cocaine, so the procedures involved calling a supervisor to arrange storage and possibly moving items to Pretoria if space was inadequate.

“C o m m i s s i o n e r, a l s o , m e a s a C l a n d e s t i n e L a b o r a t o r y, i f I h a v e a l a r g e q u a n t i t y o f e x h i b i t s , I w i l l c a l l m y S u p e r v i s o r w h i l e I a m o n t h e s c e n e a n d t h e n m y S u p e r v i s o r w i l l s t a r t a r r a n g e m e n t s f o r s t o r a g e . I f t h e s t o r a g e , t h e l a b d o e s n o t10 h a v e t h e s p a c e , t h e n t h e S u p e r v i s o r w i l l s a y t o m e , n o , y o u n e e d t o g o t o P r e t o r i a . Th e n w e s t a r t p r e p a r a t i o n f o r t h a t . T h e n a f t e r p r o c e s s i n g t h e s c e n e , t h e n w e t a k e e v e r y t h i n g t o P r e t o r i a .”

Warrant Officer Sander received various special equipment such as different gloves from FSL, tar mac suits from Pretoria, and neck tests from American sources as part of joint SAPS DEA training.

“I can say I have gone to FSL, they have given me different gloves. I have gone to Pretoria they have given me tarmac suits. Neck tests we would get from the Americans... And I believe I do that in my work.”

The DPCI had units in Johannesburg, Germiston, West Rand, Vaal, and Pretoria.

“we had the unit in Johannesburg, we had the unit in Germiston, we had the unit in the West Rand, we had the unit in Vaal, we had the unit in Pretoria”

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

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

Since 2019, Phakula has been stationed at National Investigation Unit, Detective Service Head Office in Pretoria where he currently serves.

“In 2019, I was transferred back to the National Investigation Unit, Detective Service Head Office in Pretoria, where I am still stationed till today.”

Colonel Sephungu was the commander of Warrant Officer Phakula and was on leave at the time of the operation, but Phakula contacted him concerning drug-related information, and Sephungu came to the scene despite being on leave.

“Colonel Sephungu as being the Commander of Warrant Officer Phakula , a member of the National Investigation Unit based in Pretoria . Warrant Officer Phakula was one of the persons placed under arrest. ... he is actually on leave , but received a message from his member , Warrant Officer Phakula , at 08:27 , that he was following up on drug - related information . ...Colonel Sephungu , as I remember correctly and as I stated here , was on leave at the time . ... But even though he was on leave , he came to the scene , Colonel Sephungu ? That is correct ... No , that is not normal . If you are on leave , you are on leave . You are not supposed to involve yourself with official duties when you are on leave .”

There is only one main forensic laboratory in Pretoria in Gauteng, one in Cape Town, and the one in KwaZulu-Natal (KZN) was damaged by serious flood damage and thus not operational.

“In Gauteng , there is one lab in Pretoria . That is the main forensic lab . And I know there is one in Cape Town . There used to be one in KZN as well , but the one in KZN got damaged . It had serious , serious flood damage . So , exhibits at that time were no longer going there .”

All major drug seizures must ultimately be submitted to the main FSL lab in Pretoria for investigation and destruction after completion.

“Everything must ultimately land up with the main lab in Pretoria... all the drugs need to be destroyed by FSL...”

The notification letters for site allocations were all dated the same day with effective dates being the 5th and 15th of January, indicating an irregular and implausible allocation by one person across multiple Pretoria regions in one day without following proper procedure.

“Especially on page, except for the first two, all of these notices are dated the same day. And with all of them, the effective date being the 5th of – so they are drafted on the 14th and the effective date being the 15th of January... this allocation cuts across almost all the regions in Pretoria on the same day.”

There is concern over the possible abuse of state resources when six police officers, including trackers, were sent from Pretoria or De Deur to Kroonstad to search for a suspect who was not present, returning empty-handed.

“my issue, Sergeant, is what appears to be abuse of state resources. I mean, the fact that there is six of you... from here to Kroonstad is about three hours... six people, six police officers, including their trackers or tracers... are sent by Mr Z to Kroonstad to go look for a suspect, and he is not there, and they then come back empty-handed. To me, it is abuse of state resources for the benefit of a single individual.”

An affidavit by Sergeant Ndlela was sworn before a Commissioner of Oaths at Diepkloof on 8 July 2025, but there is a discrepancy as to the official address of the Commissioner raising doubts about the proper administration of the oath.

“The juried records that the statement was sworn before Commissioner of Oaths at Diepkloof on the 8th of July, 2025 at 6h00. However, details appearing beneath the signature of oath reflect that the official's business address record as Headquarters 284 Pretoria Street, Pretoria, AAT. It therefore appears to indicate that it was sworn at Diepkloof while the Commissioner of Oaths details appeared to be documented at SAPS Headquarters in Pretoria. I do not know under what circumstances the affidavit was commissioned or whether the Commissioner of Oaths was physically present at the location stated in the...”