container

Warrant Officer Mpangase authored an investigation diary entry on 22 June 2021 noting the container was properly closed and sealed at the scene, but the seal was broken and the container opened in presence of warehouse supervisor, customs official, and ORS members, who observed 27 black canvas bags placed behind the container doors.

“The container was properly closed and locked at the scene intact . The seal was broken and the container was opened in the presence of the supervisor of the warehouse , customs official , Inchucha Bhuzwao [?] , ORS members Sergeant Mkhize and Sergeant Govender and 27 black canvas bags were observed , placed right at the end of the cargo or commodity , just behind the container doors .”

Mr. Nku’s reason for leaving Johannesburg to go to Durban was related to containers, including a specific one under investigation.

“So your reason for leaving Johannesburg to go to Durban was related to this very container ... containers ... including this one”

Mr Nku had photographs of drugs in the container on 7 July 2021, implying prior knowledge of the drugs before the container reached its destination.

“if Mr Nku has photographs of the drugs in the container on the 7th of July 2021”

It is implausible that knowing Mr Nku had photographs on 7 July, he would not have confirmed positively on 8 July that drugs would be in the container.

“it is implausible that knowing what he knew on the 7th of July, that he would not have confirmed with you positively that the drugs will be there”

A screenshot found on Tumelo Nku’s device indicates a message requesting photographs of a container and its seal, with comment that the longer the container is kept, the more nervous others get - establishing context of surveillance or monitoring activity.

“The first screenshot, it starts by saying : " Can you get the pics of the container and seal ? The longer you take with it , the more nervous they get ...”

LT-COLSIBIYA confirmed that machinery was moving in front of the container to then move to the other side of the containers, across from the door side.

“the machinery would be moving in front to the other side of the container ... That side is opposite where the doors are ... in front of the door, then it would be moving to the other side”

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 confirmed that the geographic space in front of the container was so limited that conducting a search there was impossible regardless of machinery movement.

“S o geographically that space was impossible in front of the container, anywhere in front of the container. The space was so limited that even without machinery moving up and down, which somehow was able to move up and down, but even without that machinery you could not have conducted the search in front of the container.”

The container subject to the investigation was confirmed by Colonel Sibiya to be the one in the photo identified as container on page 970 of the exhibit file.

“Do you confirm that is the container that was the subject of this investigation ... Yes”

The containers at the site in question were stacked on top of each other, with the container subject of investigation placed on the ground.

“There are containers stacked on top ... this one was placed on the ground”

The container's front side, where the door is, is the only relevant part to consider for access and operations; sides and back are irrelevant.

“that renders either sides of the container and the back only irrelevant”

Even if items and exhibits were laid in front or to the sides of the container, there was no physical space in front or sides to facilitate processing because of congestion.

“even if we laid some in front of it and laid some of our exhibits on the side to start processing, there was no space in the front or the sides”

The container was offloaded or lowered in an area not designated for searching containers.

“they offloaded or lowered the container that was not a designated area”

Colonel Jacob admits he did not write a statement about the counting of 5,395 bags within the container on July 1, 2021, because it was not considered significant and is not normally done.

“... it yielded nothing, basically handing over a container. There was nothing significant to write a statement about. It is not done.”

The drug container was profiled based on intelligence from Captain Duma and was one of 10 containers brought on the vessel Ludo.

“this particular container, through the intelligence of Captain Duma, was quote-unquote profiled. It was one of 10 containers being brought on that vessel, the Ludo.”

Colonel Jacob was directed to search only the profiled container.

“And it is the only container that you were directed to search.”

Colonel Jacob only became aware of Customs interest in the container after the operation; Customs detention notice was dated 23 June 2021, while the operation occurred on 22 June 2021.

“I think I need to point out that we only became aware of Customs interest in this container after this operation... the detention notice is dated the 23rd of June 2021. We conducted the operation on the 22nd of June 2021.”

During the inspection of the container, DPCI detective members communicated with the depot manager to have the container inspected and noted the bill of lading and documentation indicated animal food as the commodity inside the container.

“Whilst at the depot, the DPCI Detective members communicated with the depot manager to have the container inspected. I noticed that the bill of lading and other documentation pertaining to the said container indicated that it contained animal food.”

Lt-Col Duma confirms that when he received the container it was already at the depot, implying he did not cause its detention or placement there.

“When I received the container, the container was at the depot.”

Lt-Col Duma was not aware that SARS had put a stop on the container until after the operation was conducted on 23rd; this stop was not brought to his attention beforehand.

“At the time I was not aware that SARS had put a stop on the container ... The only time that it came to my notice was on the 23rd when the operation was already conducted and it was not brought, I do not know, maybe DPCI it was brought to their attention that SARS had put in a stop, but to me it was not brought to my attention”

Depot Manager did not inform Lt-Col Duma that the container was under detention by SARS, nor was there any indication or obvious sign from customs officials or anyone else that the container was detained.

“The Depot Manager does not tell you that it is in fact under detention by SARS? ... there is no indication whatsoever from anybody, there are no custom officials, Depot Manager, nobody indicates to you and there is no obvious signs that this container is under detention.”

When the seal of the container was broken during the operation, there were no customs or SARS personnel present, only SAPS, DPCI, and the Depot Manager.

“In the opening of this when, in this, now we are back in this operation, when the seal is broken there was no customs or veterinarian together with your police people. They were not there. You had only your SAPS, DPCI, the Depot Manager I think you say and, ja, pretty much. There was no SARS people there or customs people.”

A container subject to diversion had the same seal number as the one Lt-Col Duma had an interest in, and this is documented in the statement paragraph 17.

“this is the container that was subject to this diversion was the same container which you had an interest on and you would also see that if I look at your statement, but we will go to this paragraph 17 of the statement”

Lt-Col Duma testified that without the container number, no action like detention by ORS could be taken to stop the container while at sea; the container in question was only identified on the 21st, and by then it had already been moved to the depot on the 9th, so no timely detention by ORS was possible.

“if you do not have a container number there is nothing you can do ... in this case I am only getting the container number on the 21st and by the look of things with this document it shows that this container was moved on the 9th so when I received the information the container was already at the depot”

Lt-Col Duma contacted the profiling office to find who transported the container and was able to get details of a person to speak to, but this contact was a long time ago, around 2021.

“I did contact the profiling office... it has been a long time, 2021, but I did contact to find out because that is where I managed to get the transporter as to who was the transporter of the container”

The bone meal goods were detained because of other counterfeit goods from the same shipper on the container.

“here we are talking about the container and these goods were detained because of the other counterfeit goods from the same shipper.”

The truck and container, with contents in between, were what was cordoned off.

“the truck and the container , and obviously the contents in between , were what was cordoned off”

When the container was opened, some black bags started falling from it and others were trapped at the back of the container. A seal inside a white plastic had the same serial numbers as the seal a Scania employee broke when opening the container. Ms Wentzel said this was very strange and unusual.

“as soon as the doors were opened, some black bags started falling from the container, and others were trapped at the back of the container. I also found a seal which was inside a white plastic. The said seal had the same serial numbers as the seal that a Scania employee has just broken when opening the container ... but she said this was very strange and unusual”

The container was opened by a staff member, and the seal matching the broken seal serial numbers raised suspicion about how the goods were received.

“The container was opened by one of their staff members ... I then inquired from Ms Wentzel if this is how they received their stuff, but she said this was very strange and unusual”

There was confusion about the seal with the same serial number as the one broken by the Scania employee, and Warrant Officer Magane asked Ms Wentzel if the delivery usually comes with such a seal.

“I was trying to ascertain if this ... has the same serial numbers as the seal that was used to lock the container ... I asked Ms Wentzel if their stuff is delivered with a space seal? I do not know if I am answering you correctly”

The focus of the inquiry was both on the seals and on the drugs contained in the container, particularly the bags that fell down.

“it was also on the drugs also, because I also asked her if this is what they were expecting, the load, the bags that fell down”

The black bags that fell from the container were stashed at the back of the container next to incomplete truck parts such as a door panel without wheels and engine but with doors and windshield.

“this photo here depicts ... the black bags that were stashed at the back of the container and with the white ... this white thing like a door ... it is actually an incomplete assembled body part of a truck ... bags ... are just next to the doors of the container”

The container is still attached to the truck and has not been offloaded.

“the container is still attached to the truck”

The container was already open when inspected.

“the container is already open ... It is opened”

The significance of a seal with the same serial numbers as the one broken by the Scania employees is that it is a spare seal used by criminals to reseal the container if intercepted, so the end user does not suspect tampering.

“This spare seal ... it is actually supposed to be used when criminals or whoever intercept the drugs along the way. So that when they broke it open, they can seal, they can use the spare seal so that the end user cannot suspect that the original seal was cut open along the way before it reaches”

Warrant Officer Magane referred to the information regarding following about drugs found inside the container when he said the operation was a success, but he had not actually seen drugs, only black bags assumed to contain drugs.

“I was referring to the information that we were following about those drugs, the drugs we found inside the container.”

The container in question contained one tonne of cocaine, found in body parts and in a cavity between the parts and the container door.

“And that was one tonne of Cocaine in that shot... it was also body parts, and in that cavity between the parts and the door of the container, they uncovered 999 kilograms of Cocaine bricks that was reported then to me later.”