Advocate Baloyis C

Incompetence is not accepted as a reason for people looking away or not addressing corruption or misconduct in the IDAC, indicating issues are deliberate rather than accidental.

“I do not subscribe to incompetence on these facts here especially for an organisation like IDAC ... one would have to give up upon IDAC if one thought you are that incompetent ...”

Adv Baloy accuses Mr Nku of undermining his explanation for carrying cash by pointing out he drove and used credit card at toll gates, leaving a footprint.

“your reason that you gave why you have cash, you say it is because you wanted to travel discretely. It is completely undermined by the fact that you are driving, for one. Two, you are using your credit card at toll gates. So, if you were really concerned about not leaving a footprint there, which is another reason that puts doubt on your explanation why you had the money at the crime scene on the day”

There is a police practice of performing a search and then returning to search the same container again if it is detained, though it is rarely acknowledged explicitly by witnesses.

“I h e a r t h a t a n y o n e w i t n e s s h a s c o m e h e r e a n d s a i d w e s e a r c h a n d t h e n w e g o b a c k t o t h e c o n t a i n e r t o s e a r c h a g a i n”

Bone meal must be checked before entering the country; it cannot enter without checking by Customs.

“the evidence that we have received, if I understood it correctly, it is that because it is bone meal, it necessarily falls in the category of things that must be checked. They cannot come into the country without checking.”

Warrant Officer Magane confirmed that the LCRC attends scenes of drug busts and their function includes trying to lift fingerprints and DNA from coverings and bags.

“Do you know, as a matter of fact, that the LCRC attends these scenes and one of their functions is to lift, to try and lift fingerprints and DNA from these coverings and from the bags.”

ADV Baloyi alleges malicious attempts by colleagues to get rid of Director Malatji who has testified about being a victim.

“I made mention of the fact that I have become a victim... colleagues that I have spoken to... demonstrated that they would stop at nothing to get rid of this Director Malatji.”

In respect of problematic payments to Gubis, there were WhatsApp exchanges involving Mr Mnisi, Deputy Commissioner Dlamini and others, detailing required invoice uploads, payment uplifts and eventual payment approval.

“...in these WhatsApp exchanges where Mr Mnisi is involved in processes of invoices must now be uploaded, there must be an uplift of the amounts that must be paid, and eventually even the Deputy Commissioner Dlamini is involved in it, right? And eventually somebody says, yes, all sorted payments will be made...”

Advocate Baloyis C states if the report was only to inform General Sibiya of an arrest on a murder charge, then there was no need for the call to Witness A as this information was public knowledge at the court on 16 December.

“if you only needed to report to General Sibiya that he is arrested because on a charge of murder...the accused has appeared in court on the 16th... why would you say and read that part again ...”