Referred to as: Warrant Officer Sanders · Colonel Sanders
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The Commission heard that Warrant Officer Sanders was questioned by Commissioner Khumalo about his temporary placement letter signed by Maj-Gen Senona.
“Warrant Officer Sanders was questioned by Commissioner Khumalo on his temporary placement letter that was signed by me.”
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.”
Warrant Officer Sanders stated he suffered repercussions due to his knowledge of the drug theft suspects.
“The only inference he can draw is that he suffered repercussions.”
Warrant Officer Sanders believes he was targeted because his superiors were removing him due to his actions against drug traffickers.
“Because you implied yesterday that your superiors were moving you out of the way because you were stepping on the toes of the drug traffickers now.”
Warrant Officer Sanders alleged he was stepping on toes because he was making many drug busts, which may have caused his transfer.
“Warrant Officer Sanders says it is because he was stepping on toes because he was making all those drug busts”
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.”
Brigadier Nyuswa stated there was no reason he could see why Warrant Officer Sanders should not have gone back to SANEB at the conclusion of the investigation, but the decision was made by his superior.
“I do not see a reason why he should not have been placed back to SANEB. - Because I was following orders. - No, I do not see a reason.”
Brigadier Nyuswa sent Warrant Officer Sanders to Economic Crime Section (EPR) to do a very sensitive investigation because other investigators were not advancing it, and Sanders has progressed well in that investigation.
“I sent him to EPR, but again, equally so, I asked him to do a very sensitive investigation for me there because other investigators were not taking it anywhere and he is still doing it. And he has progressed a lot on that investigation.”
General Senona makes all final decisions and overrules Brigadier Nyuswa's recommendations, including on the matter of Warrant Officer Sanders' reassignment to SANEB.
“General Senona, he makes the final decision and is finally accountable, overruled my recommendation.”
Brigadier Nyuswa did not inquire about the reason why General Senona rejected Warrant Officer Sanders' request to return to SANEB, simply passed on the decision.
“You do not ask, why, because he is more effective at SANEB. So this is on you because you were asked do you know why, and sitting here today you do not know, you do not have a reason which means you did not even enquire for yourself so that you are informed and you are aware what the reasons are. You just accepted that a decision was made and you left it there.”
An email from Warrant Officer Sanders to Sibiya K dated 14 November 2023 exists but was not initially included in the files; there was a failure to update files formally when evidence was led, but it was later acknowledged and apologized for.
“It is an email from Warrant Officer Sanders, or Sander, to Sibiya K. Dated 14 November 2023.”
Harbour areas including licenced depots have controlled access with boom gates manned by security guards; Colonel Jacob describes this as a controlled but not highly secure environment.
“When you enter the harbour , are these areas not behind some level of security so that I cannot just wander in ? ... There is a boom gate manned by a security guard , Commissioner . ... It is not the most highly secure , yes , but it is controlled .”