Nku

Mr Nku decided to produce a further statement after consultation regarding matters raised on Thursday, indicating he wants to address those issues and will read the statement into the record.

“he has produced a further statement which he will read into the record, Chairperson, and he will explain, Chairperson, the circumstances that made him decide that he wants to do a further statement and why he wanted to come forth on the issues that we were raising with him on Thursday”

Mr Du Plessis, Mr Nku's attorney, was present on Friday but chose not to participate in the consultation. There is an agreement that Mr Du Plessis is not needed today, though no formal withdrawal has been made.

“Mr Du Plessis was present on Friday but decided not to be part of the meeting or the consultation, so he stayed outside. And Mr Nku can confirm that the agreement between him and Mr Nku was that he will not be needed today but he has not formally withdrawn, but that is the agreement between Mr Nku and Mr Du Plessis that he can confirm”

Mr Nku says there was a mutual agreement with his attorney Mr Du Plessis that the attorney is not needed today.

“There was a mutual agreement that he will not be needed today”

Mr Nku had reservations and fear about fully disclosing in his previous statements but after consulting with his spiritual leader, he decided to come to the Commission and set the record straight.

“In relation to the draft of the statement, upon my testimony on Thursday, I have had a long and hard chat with my spiritual leader. The dismay was indicated. It was, it became clear that regardless of what I fear, I must come to the Commission and lay it bare and then the Lord will take care of the rest. There had been reservations in what I have inserted in my previous statements and it was mainly out of fear. So after that chat, I saw it fit and correct that I need to come to the Commission and set the record as straight as I can and it was a conscious decision that one took.”

Mr Nku was introduced to a person known as 'IBY' or 'EBY' by his distant relative Mr Kebby Maphatsoe, a former Deputy Minister in Military Veterans between 2014 and 2019, which introduction he regarded as significant and credible at the time.

“I was introduced to a person known to me as IBY or EBY, by my distant relative Mr Kebby Maphatsoe. Mr Maphatsoe was known to me not only as a relative but also as a person who had occupied a public office including serving as a member of Parliament and as Deputy Minister in Military Veterans between 2014 and 2019. The introduction was therefore one that I regarded significant and credible at the time.”

Mr Maphatsoe informed Mr Nku in or about May 2021 that he allegedly required assistance relating to a shipment involving drugs connected to Iby's competitor, with the intended objective of using information to enable law enforcement to intercept the consignment.

“Mr Maphatsoe informed me that I by allegedly required assistance in relation to the movement of a consignment. I was informed by Mr Maphatsoe that I by required assistance with tracking a shipment which was said to involve drugs and which was allegedly connected to Iby's competitor. As it was explained to me the intended objective was to use information relating to the shipments so that law enforcement could intercept the consignment.”

The main objective of the bust was that the consignment must not reach its intended recipient, who is a drug trafficker and competitor of Iby Boss; the bust being recorded was crucial for credibility and reputation reasons.

“The main objective was that the consignment must not reach its intended recipient an bust is significant in that that would be the only indicator to I by that that was successful to do. Say for instance if the consignment was stolen without a recording of a bust there would not have been proof that the intended objective was met and over and above that an occurrence of a bust becomes recorded. It becomes a matter of public information so from a credibility point of view it would affect the reputation of the other party. The objective was not particularly relating to the consignment itself, but there are broader based schemes in terms of having access. So, the bust being lawful or unlawful, the most important thing was the bust occurring and a bust recorded, an objective would have been met.”

The intended recipient and Iby Boss both knew about the consignment and that the drugs were on the way, and Mr Nku was tasked by Mr Maphatsoe and Iby Boss to make sure the competitor does not get the shipment.

“Iby Boss would have to know that the consignment is intended for his competitor. ... And the competitor also knows that the drugs is on its way. ... You are then there ... tasked by Mr Maphatsoe and Iby Boss to make sure that this rival does not get the intended shipment, the drugs.”

There were no intentions to conduct the bust operation alone; the intended outcome was always for there to be a bust to establish the competitor's unreliability to their suppliers.

“No, at no point were there any intentions to do it alone. The intended outcome was for there to be a bust, ... so the whole point was for there to be a discovery that the competitor is unreliable to the people they are dealing with.”

Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.

“Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.”

Mr Nku received a screenshot image on 1 July 2021, forwarded by another user on the app, containing sensitive information which he kept private due to the nature of the information and the difficulty of encroaching on the network involved.

“it was forwarded to me ... it is on your device on 1 July 2021 as an image, as a screenshot ... It is another user on the app ... my reasons for keeping tabs, I would request not to place them on a public forum because there is highly sensitive information relating to this”

Mr Nku met with the person who introduced him to "Ibiy" and exchanged phone numbers, allowing communication via WhatsApp or other platforms.

“indeed, Chair ... the then you exchanged telephone numbers with this person ... indeed ... we could communicate with him through WhatsApp or any other platform”

Mr Nku identifies the person who forwarded messages to him on 1 July 2021 as 'John Wick' on the app, who sent most messages.

“Yes, on the person termed as John Wick on the app, that is the person ... That is the person who forwarded messages, most messages”

Communication on the screenshot from 1 July 2021 involves two people, Alpha and another person responding to Alpha, on the device belonging to the person responding, not a three-way chat as initially suggested.

“It is two people, it is Alpha and whoever it is that is responding to Alpha ... I agree, Chair”

The screenshot sent to Mr Nku by John Wick on 1 July 2021 contained information about a plan involving shipment and advice given about offloading methods related to drug transport.

“this was relative to a plan by Ibiy to, so they were planning a shipment basically and there was, I would say he was being advised, of the strategy in terms of the planning ...”

Mr Nku denies that the screenshot communication about shipment relates to the drugs that ended up in Aeroton and denies involvement in the planning discussed in the screenshot.

“no, no, it does not relate to this ... this is planning basically ... I would have had further communications regarding that ...”

Mr. Nku met with Iby and was asked to organize a bust to discredit a competitor's network.

“The mandate was look, there are people that are our network's competitor, I would love you to organize a bust, ... make sure that it is out there and that network is discredited”

Mr. Nku was introduced to John Wick prior to meeting Iby and knew John Wick beforehand.

“I knew John Wick before I knew Iby”

Mr. Nku was introduced to Iby in relation to a political and legal matter in Western Africa involving a high-ranking official, and received financial aid for himself and his associates.

“I got introduced to him relating to, I needed, my associates and I needed financial aid but it was mostly a political matter in Western Africa ... there was a legal matter pertaining to a high-ranking official there which I needed financial aid on. That is how we actually got introduced”

Mr. Nku assisted Iby with a delayed shipment of parts related to a flagged container, which underwent rigorous inspection and was eventually cleared through proper channels.

“The shipment had been delayed... container is flagged... undergoes rigorous inspection ... it seemed to be a paperwork issue ... let your clearing agent send all the relevant paperwork to Transnet ... I think that was cleared but it was handled between the clearing agent and the Transnet people”

Mr. Nku confirms he did work for Iby related to shipment issues but denies involvement with narcotics.

“Yes, yes, Commissioner ... I did do some work for him but it did not relate to narcotics”

Communication between Mr. Nku and Iby was 99% through WhatsApp.

“99% of the time”

Mr. Nku denies screenshots mentioning Alpha were taken by him and affirms there was no reason to take screenshots communicating with Iby.

“There is probably one screenshot that would relate to me, because I never had to take screenshots communicating with him ... There was no reason”

Mr. Nku has a conversation on WhatsApp with Chief Mashaba and Iby about keys related to a matter on 25 and 29 June 2021, involving VJ and difficulties with keys.

“Conversation is the 25th of June 2021 ... and screenshot on your phone is 29 June 2021 ... mentioning keys ... that conversation is between you and Chief Mashaba and that conversation is the 25th June ... and ... you also have that conversation with Iby also on WhatsApp ... He is pleading to check with him ... he won't give me the keys or the phone ... he put up a big stink about General Mashaba ... and someone called up about the keys, not Mashaba, said he works with him ...”

There was a conversation between Mr Nku and Chief Mashaba on 25 June 2021 regarding keys related to a car and an office.

“conversation between you and Chief Mashaba about keys ... 25 June 2021”

Mr Nku confirmed there was a WhatsApp request from someone named Iby to Chief Mashaba to get keys related to a car that belonged to a person who was in hospital.

“there was a request ... on my WhatsApp's directly from Iby to request that Chief Mashaba get him the keys ... relating to a car which had office keys ... the person to whom those keys belonged was in hospital”

There is a chat screenshot dated 21 May 2021 involving Mr Nku and others discussing the keys and container and seal, with a person named Philipp Plein involved.

“a chat which is an image, a screenshot on your phone and it is 21 May 2021 ... can you get the pics of the container and seal ... so it is not going to happen today ... boss, the driver details still have not been loaded yet”

Mr Nku stated that Philipp Plein was his handle name on the chat application, not his actual name.

“No, that is not ... that was in my handle name on the app ... that was in my handle name ...”

Mr Nku has heard he was referred to as Philipp Plein only since the Commission started.

“Personally, I have just heard ever since this Commission started that I was referred to as Philipp Plein”

The phone number communicated on the chat corresponds to Mr Nku's number, though he did not save it as Philipp Plein on his phone.

“Indeed, this was my telephone number, but I never saved it as this ... on Truecaller ... So that number did not always have that as an alias in Truecaller”

Mr Nku confirmed that it is possible that Alpha saved his number as Philipp Plein on the chat app device.

“It would be possible”

Mr Nku accepts that in a chat conversation on page 32 of the chats, he is the participant identified as Philipp Plein.

“I n t h i s c o n v e r s a t i o n , y e s”

Mr Nku denies that every occurrence of the name Philipp Lane in the chats is him, but accepts that every other place the name appears would have to be his phone number attached to it.

“I c o n c e d e t o w h a t C o m m i s s i o n e r K h u m a l o i s s a y i n g , t h a t e v e r y o t h e r p l a c e w h e r e t h e n a m e w o u l d a p p e a r , i t w o u l d h a v e t o b e m y p h o n e n u m b e r a t t a c h e d t o i t .”

Mr Nku states his main objective was to have a shipment intercepted and disrupted before reaching its intended recipient.

“S o t h e m a i n o b j e c t i v e w a s f o r t h e r e t o b e a p a s t ... t h e i n t e r c e p t i o n s h o u l d h a v e h a d t o h a p p e n , a s l o n g a s i t w o u l d h a v e d i s r u p t e d t h a t c o n s i g n m e n t r e a c h i n g i t s i n t e n d e d r e c i p i e n t .”

Mr Nku intended to use his contacts within Transnet and the broader logistics environment to identify, trace and monitor the movement of the shipment and to have Chief Mashaba coordinate or facilitate operational aspects of retrieval or interception before operational steps were taken.

““ A s I u n d e r s t o o a n d f o r m u l a t e d i t a t t h e t i m e w a s t o u s e m y c o n t a c t s w i t h i n T r a n s n e t a n d t h e b r o a d e r l o g i s t i c s e n v i r o n m e n t t o i d e n t i f y , t r a c e a n d m o n i t o r t h e m o v e m e n t o f t h e s h i p m e n t . O n c e t h e r e l e v a n t i n f o r m a t i o n h a d b e e n o b t a i n e d , m y i n t e n t i o n w a s t o i n v o l v e C h i e f M a s h a b a t o c o o r d i n a t e o r f a c i l i t a t e t h e o p e r a t i o n a l a s p e c t s o f t h e r e t r i e v a l o r i n t e r c e p t i o n b e f o r e d e a l i n g w i t h t h e s t e p s t h a t w e r e t a k e n .””

Mr Nku sought assistance from Mr Zama Khuzwayo within Transnet to obtain tracking information about a shipment arriving in South Africa; this was necessary before operational steps could be taken.

“I enlisted Chief Mashaba to assist with the request communicated to me by Mr Mphatswe Ngibi. Before any operational steps could be taken, it was necessary for me to confirm the existence of the shipment and establish its movement once it arrived in South Africa. For that purpose, I travelled to Durban. My intention in travelling to Durban was to approach an acquaintance of mine within Transnet, Mr Zama Khuzwayo, so that he could assist in retrieving the relevant tracking information relating to the shipment”

On 6 July 2021, Mr Nku received text messages with photos from someone named Iby, indicating 805 bricks/blocks involved in a consignment.

“on the 6th of July 2021, you received this text with these photos from Iby. That is what that graphic seems to reflect.”

Mr Nku confirmed that the number of bricks/blocks in the consignment was 805.

“And perhaps maybe to round off that paragraph, you indicate that you were informed that the bricks would be, or the blocks would be 805. Do you still confirm that number? Yes, I confirm that.”

Mr Nku's ultimate aim was sabotage to ensure that the drug consignment did not reach its rightful owner, even if exhibits were not all booked, indicating deliberate action against the consignment's delivery.

“My ultimate aim was to sabotage and ensure that the drugs do not reach the rightful owner. The logic behind this was that if the consignment was sabotaged, it would benefit as he was the competitor to that consignment.”

Mr Nku deliberately omitted reading the word 'either' in paragraph 26 of his statement because he had marked it for removal with Advocate Ncube.

“Mr Nku, do you see that we scratched the words, Chair, I do not want to read them into the record... He had indicated that he wants to remove certain words. ... No, it was deliberate, Chair. I did not read the either as I had already marked this along with Advocate Ncube.”

Mr Nku's mandate was to ensure the consignment did not reach its rightful owner, consistent with what Chief Mashaba would have done if he made the bust; he maintained neutrality.

“Commissioners, my mandate was that this consignment does not reach its rightful owner. That is what Chief Mashaba would have done as long as he makes the bust. I would have remained neutral.”

R60,000 was originally owned by Mr Nku but was intended to be reinvested with people facilitated by Mr Mphaswe, including a particular person in Durban named Mr Zamu Khuzwayo.

“The R 6 0 , 0 0 0 w a s m i n e , b u t t h e u n d e r s t a n d i n g w a s t h a t I b y w i l l r e i n v e s t m e i n t h e p a r t o f t h a t a r r a n g e m e n t w h o w e r e f a c i l i t a t e d b y M r M p h a s t w e [ ? ] .”

Mr Nku asserts he was supposed to spend the R60,000 in Durban and was not meant to bring it back with him.

“The 6 0 , 0 0 0 p a r t , a c t u a l l y , I w o u l d h a v e c a m e b a c k f r o m D u r b a n w i t h o u t i t . I s h o u l d h a v e c a m e b a c k f r o m D u r b a n w i t h o u t i t , u n d e r n o r m a l c i r c u m s t a n c e s , b e c a u s e i t w a s s u p p o s e d t o b e s p e n t t h e r e , n o t f o r m e t o c o m e b a c k w i t h i t .”

Mr Nku explains ethical hacking involves skill to hack into not just IT systems but any system including handheld devices and across networks; hacking is often coordinated and from multiple angles rather than isolated acts.

“I cannot just, Chair ... Not just limited to an IT system, any system, Chair. ... It might be the Chair's hand held device ... Across different networks, Chair. Generally hacking in its nature, it is not a silo operation ... It becomes a coordinated attack. It comes from various angles ...”

When sharing information with General Mfazi, Mr Nku used a secured network or app for communication.

“Mr Nku, just to make me understand, when you shared this information with General Mfazi, you indicated that you used a secured network or a secured app.”

Mr Nku acknowledged there should have been a record of the secured communication with General Mfazi, and that it will be addressed later in his testimony.

“There should have been. There was. ... Maybe that will be addressed in 2.7 ... It will be addressed in 2.7 as to what happened after.”

Mr Nku shared the information with both General Mfazi and Komisa Maphatsoe via a conduit and did not disclose his source to them.

“I share with both ... Because I was introduced to him by Komisa Maphatsoe ... My communication with him could not be more direct ... Because I know him through a conduit ... I needed to make the information or avail the information to a platform where both of them are aware when I give information ... No, I had not disclosed any of my source ... At no material time have I disclosed any of my source ...”

Mr Nku stated he and Komisa Maphatsoe are not blood relatives but distant relatives known through political affiliations; he denied that Komisa Maphatsoe is his uncle as claimed in previous testimony.

“I would say we are not blood related. We, on one ... we are distant relatives ... So it would be inaccurate to say that he is your uncle ... He is not my blood uncle ... He was someone that I was close to, but he was not my uncle ... I know him from elsewhere, from political affiliations ... You refer to him as Komisa Maphatsoe ... That sounds more like a comrade than a relative.”

Certain containers were identified as being prioritised for transportation by some parties, but Mr Nku invoked his right not to self-incriminate concerning how this information was acquired, and denied Customs officials were the source.

“Certain containers were identified as being prioritised for transportation ... I think that would be ... relate to me invoking my right not to self-incriminate ... Because how some of the information was acquired was not acquired in an orthodox manner ... It would not be someone from Customs ...”

Mr Nku never disclosed his source to Komisa Maphatsoe or General Mfazi and the recipients acted on second-hand information from him.

“No, I had not ... They simply acted on your, I suppose, second-hand information as it were ... I would say that ... But maybe to them it was coming from me ... But it is not your direct, because you have your source ...”

Mr Nku shared information with Lieutenant General Sindile Mfazi through an introduction by former Deputy Minister of Defence, Komisa Kebby Maphatsoe, but the information was intended for General Mfazi only, not for Lieutenant General Mfazi personally.

“I shared this information with Lieutenant General Sindile Mfazi, whom I was initially introduced to by former Deputy Minister of Defence, Komisa Kebby Maphatsoe ... the information was not intended for him. Information was intended to General Mfazi.”

Prior to 9 July 2021, MR NKU's relationship with Chief Samuel Mashaba was that of a professional acquaintance, introduced through a mutual contact in 2019 who could assist in referring information on suspected criminal activity to appropriate law enforcement.

“Prior to 9 July 2021, my relationship with Chief Samuel Mashaba was that of a professional acquaintance ... introduced to him in 2019 through a mutual contact, with the understanding that he could assist in ensuring the information related to suspected criminal activity was referred to appropriate law enforcement structures.”

MR NKU was introduced to Chief Mashaba by a person he knew personally, a businessman in the mining space, and their initial relationship was influenced by a misunderstanding due to translation in isiZulu at the introduction stage.

“When I was introduced to Chief Mashaba, the person who introduced me to him ... he is a businessman who is in the mining space ... when I was introduced in isiZulu ... so it might mean a array of things. But remember, my mindset ... that the closest person to the Hawks ... is this person. That is the first person that I would think of. That is how I introduced.”

Because passing information vaguely without vetting or rapport with individuals can be detrimental and risky for whistle-blowers or confidential sources, MR NKU needed an introduction via a trusted party to share such delicate information.

“One just passing information over tty, without vetting or rather without having rapport with individuals with whom information is shared, maybe to one's detriment. It is easy for whistle-blowers, for confidential sources to die, just passing information vaguely ... because it is done through a well-known party, someone that one had already built rapport with, it instils confidence.”

MR NKU's acquaintance with General Mfazi was gained in early 2019 or possibly as late as 2018, which was before he knew General Mfazi, making his acquaintance with Chief Mashaba earlier than with General Mfazi.

“I had gained the acquaintance of General Mfazi in 2022. In 2021, rather, apologies. But with Chief Mashaba, it might be in 2019. I stand to be corrected, it might even be maybe late 2018. But I believe it is early, early 2019. So, ja, that was two years back, way before I knew General Mfazi.”

MR NKU, prior to 9 July 2021, and Chief Mashaba did not ordinarily share social spaces or a close social relationship, but their acquaintance was partly due to mutual contacts and political affiliations.

“Prior to the 9th of July 2021, you and Chief Mashaba, your relationship was that of a professional acquaintance. ... We would not ordinarily share social spaces. ... Generally we would not be in the same social spaces.”

MR NKU states that the need for General Mfazi arose due to the unreliability of Chief Mashaba.

“Because of the unreliability of Chief Mashaba, Chair.”

MR NKU was informed on the evening of 8 July 2021 about the Yellow Jersey truck traveling at record time towards Johannesburg, implying it did not stop at weighbridges as mandated.

“I informed Chief Mashaba of the information on or about the 8th of July 021 around about 7.30... the Yellow Jersey truck which was carrying the container in question had been travelling in record time towards Johannesburg... the truck did not stop at the weighbridges in its path to Radiokop... I would deem that as record time because it is mandatory for a truck to stop.”

MR NKU was in Durban when he informed Chief Mashaba of the Yellow Jersey truck developments at 7:30 pm, relying on sources at the destination rather than direct contact with the driver.

“Around about this time, I was in Durban... So I had my sources relaying the information... No, the driver, I never had any contact with the driver... So the sources would be at the destination and information relayed while I was still in Durban...”

MR NKU states he was a source of information at the Aeroton scene and did not participate in operational decisions or searches, except when instructed by General Feroz Khan to step out of his vehicle.

“My presence at the scene was limited to that of a source of information / informant... I did not participate in any operational decisions, searches or handling of any items... except when instructed by police officials to step out namely General Feroz Khan.”

Chief Mashaba instructed MR NKU to get out of his vehicle and introduced Warrant Officer Mogana, briefing him on the information; they proceeded to inspect the truck carrying the container in Aeroton.

“Chief Mashaba instructed me to get out of the vehicle. He introduced the gentleman who was driving alone as Warrant Officer Mogana. I also briefed him on the information and they proceeded to drive towards the depot... then they returned and indicated that they will inspect the truck in Aeroton.”

MR NKU observed the opening of the container and black bags falling near the wheels of the trailer at Aeroton.

“I observed the container being opened and black bags falling near the wheels of the trailer from which they fell.”

The informant did not open a case against the Crime Intelligence members because the incident was masqueraded as an investigation and he was threatened, making him fearful and uncertain about what was transpiring.

“I did not open a case and I have my reasons because when this incident happened, it was masqueraded as an investigation or a further investigation, because mostly I was questioned on the details pertaining to the scene and the acquisition of information. But ultimately these individuals wanted my devices. And given the fact that I was threatened, particularly in relation to the knowledge of where my mother's house is, and being directed to the point that they are watching my every move, I was spooked to an extent, because I was not clear what was transpiring because it did not just seem like an ordinary thing”

The informant found the threats dangerous and only notified his attorney to seek legal advice, uncertain if it was a proper investigation or outright thuggery but took the threats seriously as they were threatening.

“These people did seem serious. They were threatening...the only person I notified was my attorney, picking his brains regarding seeking legal advice, what would be a recourse for something like this. Because I do not know whether it is a proper investigation or it is outright thuggery. But these people did seem serious. They were threatening”

The informant regrets not opening a case about the incident at the time.

“Yes, I did not open the case at the time and I regret that”

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.”

Mr Nku gained access to the individual's device via sophisticated zero-day, zero-click military-grade offensive cyber-exploitation tools while probing kidnapping-related info, uncovering intelligence about illicit arms trafficking and narcotics distribution; he alerted the initial intelligence source about these other criminal activities and began engaging General Mfazi who appeared to be an underworld figure connected to the individual.

“Through my recon, I eventually gained access to the individual's device by means of a sophisticated zero-day, zero-click exploit that, at the time, I still had access to highly sophisticated military-grade offensive cyber-exploitation tools... While probing information relating to the suspected kidnapping activities, I uncovered deeply concerning intelligence pertaining to illicit arms trafficking and narcotics distribution... I immediately alerted the individual who had initially provided me with the intelligence and advised him that though no information relating to kidnapping had been identified on the specific device, I had discovered evidence suggestive of other serious criminal activities... It was at this juncture that I began engaging General Mfazi, as the individual appeared to be a significant underworld figure with connections to...”

The individual Mr Nku was investigating was a significant figure and close associate of a high-ranking official in the company Scania.

“This individual appeared to be a significant figure and a close associate of a high-ranking official in the company in question... Yes, the company Scania.”

The only linkage of this individual with kidnapping was through a crypto wallet allegedly used in past major kidnappings in the country.

“The only linkage to this individual with kidnapping was through a crypto wallet which had been allegedly used in the past when there has been major kidnappings in the country.”

Mr Nku provided intelligence and information to law enforcement on numerous occasions, with much of the intelligence yielding positive results, but often law enforcement explained after the fact why no action had been taken.

“There have been numerous occasions on which I have provided intelligence and information to law enforcement. In my assessment, much of the intelligence applied yielded positive results. However, law enforcement officials would often provide explanations after the fact as to why actions had not been taken.”

An example was when Mr Nku provided information concerning a Toyota Hilux bakkie alleged to be used to transport illicit cigarettes through the Beitbridge border post, but the information was dismissed by the law enforcement team on the basis that they did not operate in that geographic area.

“When I provided concerning a Toyota Hilux bakkie that was allegedly being used to transport illicit cigarettes through the Beitbridge border post, I also supplied the probable dates on which the vehicle would cross the border. My information was effectively dismissed on the basis that this team did not operate in that geographical area.”

Most of the intelligence Mr Nku provided was given to Chief Mashaba, not to other law enforcement agencies in plural.

“Most of the information that I have provided was provided to Chief Mashaba.”

Mr Nku furnished law enforcement authorities with intelligence concerning suspected criminal operations and activities, including incidents related to a warehouse in Pomona suspected of housing a large volume of illicit cigarettes.

“I ... e.g. a warehouse in Pomona suspected of housing a large volume of illicit cigarettes ... I continue to furnish law enforcement authorities with intelligence concerning suspected criminal operations and activities.”

Much of the documentary evidence relating to previous intelligence sharing engagements was lost when Mr Nku's mobile devices were forcibly taken by individuals alleged to be members of Crime Intelligence.

“much of the documentary evidence relating to previous intelligence sharing engagements was lost when my mobile devices were forcefully taken from me by individuals alleged to be members of Crime Intelligence.”

After the events of the seizure of his mobile devices, Mr Nku continued to provide screenshots demonstrating that he still furnished intelligence to law enforcement authorities about suspected criminal activities.

“I have, however, provided screenshots, demonstrating that even after the events of ... I continue to furnish law enforcement authorities with intelligence concerning suspected criminal operations and activities.”

Mr Nku did not refer solely to Chief Mashaba in providing intelligence but gained acquaintance with a DPCI member, Captain Dale Nortje, who was part of the arresting team and started providing information directly to DPCI members.

“Subsequent to the arrest ... I had gained the acquaintance of a DPCI member ... It was Captain Dale Nortje ... He was in the arresting team ... I started providing the information directly”

Several DPCI members sought information from Mr Nku and he provided intelligence he acquired to them.

“a couple of these DPCI peoples started getting hold of me, wanting information. If I can provide information, I must give them. So I started then forwarding any intel that I have acquired.”

Lieutenant Colonel Joseph Sebola misled the Commission by stating that downloads conducted on Mr Nku's devices and suspicious content recovered were incorporated into the investigation docket. However, the disclosed docket did not contain this evidence, nor was the digital forensic report disclosed.

“Lieutenant Joseph Sebola testified that downloads were conducted on my devices and that the allegedly suspicious content recovered from those devices was incorporated into the investigation docket. ... Upon examination ... the evidence ... was conspicuously absent. More importantly, the digital forensic report was never disclosed.”

Mr Nku's interest in following up information that led to the Aeroton drug bust was motivated by the successful outcomes and expected rewards for providing executable information from confidential sources.

“my interest in following up the information that ultimately led to the Aeroton drug bust was no different. ... my motivations remained consistent with a confidential source who expected to be rewarded for giving executable information which led to a successful discovery, as I have in the past been compensated for providing information.”

Mr Nku clarifies that he has been compensated in the past for providing crucial information to intelligence agencies, not just law enforcement agencies.

“‘as I have in the past been compensated for providing crucial information to intelligence agencies’, not law enforcement, to intelligence agencies ... It is two intelligence agencies.”

Mr Nku affirms that the facts set out in his affidavit are true and accurate to the best of his knowledge, and that he takes the prescribed oath binding on his conscience.

“The facts set out ... are ... true and accurate representation of facts. I have no objection in taking the prescribed oath and consider the prescribed oath to be binding on my conscience.”

Mr Nku confirms that the confidential source he refers to as expecting to be rewarded for giving executable information which led to successful discovery is himself.

“in the preceding sentence where you say confidential source, that confidential source you are referring to is you. Yes, Chair.”

Mr Nku agreed that his initial statement had to be a complete and truthful account of events.

“your signed statement , the first statement , dated the 7th of May 2026 , you submitted it knowing that it had to contain a complete and truthful account of events . Do you accept that ? Absolutely.”

Mr Nku did not mention working for the intelligence agencies in his first statement but mentioned it for the first time in his supplementary statement, describing his work providing cyber intelligence support to law enforcement.

“In your first statement , there is no mention that you work for the intelligence agencies . ... And then in your second statement , being your supplementary statement , that is when you describe yourself as having worked with intelligence agencies and provided cyber intelligence support to law enforcement .”

Mr Nku explained that the supplementary statement was made as a result of engagement with Evidence Leaders where clarity was sought on his type of operations, and initial questions posed by the Commission.

“In my supplementary statement , my supplementary statement is as a result of the engagement that I had with Evidence Leaders , where clarity was sought into the type of operations that I do . So , that emanates from that . Initially , I was addressing the questions posed by the Commission .”

Mr Nku said his intelligence work is on a consultative basis and not formal employment, which is why he did not initially mention it in his first statement.

“Chair , that is not work that I do formally . It is on a consultative basis and ...”

Mr Nku conceded nothing prevented him from mentioning his work with intelligence agencies in the initial statement; he only elaborated further following engagement with Evidence Leaders.

“I do concede that nothing stopped me . The only reason I elaborate further was on the basis of the engagement I had with Evidence Leaders .”

Mr Du Plessis stated the motivation to withhold the name referred to by Mr Nku is for personal safety reasons.

“The motivation is clearly personal safety . And unless it is highly relevant why the name should be canvassed , why should the witness 's safety be compromised ?”

ADV Baloyi stated the name must be mentioned because it will be relevant to evidence exchanges between Mr Nku and the owner of the name, particularly in WhatsApp discussions requiring witness comment.

“it does need to say who the conversation was with . So , you may avoid it her like we did when he was reading the statement , but if there is going to be qualitative discussion of the exchanges on WhatsApp on which the witness will be required to comment , it seems it may be unavoidable .”

Mr Nku expressed concern about his name being mentioned relative to other names in the evidence.

“My biggest concerns were the name being mentioned relative to the other names . I do not know if that makes sense .”

Mr Nku came across information from a confidential source but did not mention the source's name in his first statement due to safety concerns.

“In your first statement you state that you came across information from a confidential source. And then in your supplementary statement you now introduced this person by name as an original source of information. And the real question was that why was his name not mentioned in your first statement?”

Mr Nku initially did not detail the confidential source's identity because he had no guidance on drafting the statement and concerns about compromising safety.

“Chair, the reasons are precisely what I just stated.”

Mr Nku's supplementary statement was more detailed and given in consultation with the Evidence Leaders and legal team, providing greater clarity about the context and source.

“However, in the supplementary statement, to a greater extent, there was guidance provided because I had engaged with the Evidence Leaders along with the legal team. So I did not know how detailed must the statement be...I thought I was answering questions because there were questions posed on the initial statement.”

Mr Nku was initially unaware how to answer questions in his statement without guidance from the Commission's Evidence Leaders.

“As I said, Adv Mosikili, that when the Commission served me with the questions initially, I had not been given guidance as to how to provide answers. So I did not detail as much as I should have had. It was only upon when there was clarity from the Evidence Leaders as to the fact that I should give as much detail as possible pertaining to my recollection of the event.”

There is information and testimony suggesting a theory that Mr Nku is a confidential informant, and the Commission has prepared extracts of the Operational Management Process for Crime Intelligence Collection Environment document to test this theory.

“Now, there has been information and testimony to this Commission to the effect that there has been a suggestion that you are a confidential informant, and we want to test that theory. Chairperson, we have made available to the Chair a copy, and Mr Nku should have one as well. It looks like this...It is called the Operational Management Process for Crime Intelligence Collection Environment, and says Division Crime Intelligence.”

Mr Nku has never been registered as an official SAPS informant, never issued with an informant number, and never assigned a handler by SAPS.

“No, Chair. ... I was never issued with an informant number. ... Officially, I was never assigned a handler.”

Mr Nku has never signed a source handler agreement with SAPS.

“Have you ever signed a source handler agreement with SAPS ? ... No, I have never, Chair.”

Mr Nku considered himself a confidential source rather than having a formal handler-informer relationship with SAPS members like Lieutenant General Mfazi or Chief Mashaba.

“I regarded myself as his confidential source, not the handler-informer relationship. ... knowing that he is not a SAPS member, in the context of SAPS, I do not think that that would be the case.”

Mr Nku has provided real-time tracking information in support of law enforcement investigations but denies having a formal working relationship with a law enforcement agency.

“My work has also included the real-time tracking of information in support of law enforcement investigations. ... one is not insinuating that one has a formal relationship with any law enforcement agency within our jurisdiction.”

Mr Nku continued providing information to various law enforcement members including Captain Nortje after the July 9 drug bust incident.

“post the July 9 drug bust ... I have provided information elsewhere ... I have continued to provide information to other members ... Captain Nortje.”

Mr Nku was not near Yellow Jersey but parked over 500 meters away and would have vacated if he saw more police officers arriving.

“I was very far from Yellow Jersey. I was not even within the Yellow Jersey vicinity. I had parked 500 metres and more away from Yellow Jersey. Had I seen more police officers coming in , I would have definitely have vacated.”

Mr Nku became part of the entourage that ended up at Scania out of curiosity to see if the information he gave was correct, not to see the drugs being handled.

“I become part of the entourage . Not being curious to see any contents being handled , but curious to see that the information checks out .”

Mr Nku said that even without an instruction to go with the police, he would still have gone out of curiosity to see that the drugs end up in the right hands (the police).

“even if Chief Mashaba had not , you say he instructed you to come , even if he had not instructed you to go with , you would still have gone ? Because you are curious and you want to see that this ends up in the right hands , the right hands being the police .”

Mr Nku says that if Chief Mashaba had not instructed him to tag along, he would not have done so, as he does not know law enforcement protocols.

“I do not think I would have tagged along because I do not know the protocols of law enforcement , what is required . So , him giving that instruction , in my mind it was okay , it is okay , you can tag along .”

Advocate Baloyi accused Chief Mashaba of being untruthful when he said Mr Nku asked to join the police.

“So he was not on your account , Chief Mashaba was not truthful when he said you asked .”

Mr Nku accuses Chief Mashaba of being untruthful; Mr Nku did not ask to tag along.

“He was being untruthful . I did not ask to tag along .”

Chief Mashaba asked Mr Nku to come along and stay in the car without participating in searching the truck.

“He says : " ... Can I come with you guys ? ... The only thing I said to him , please make sure you sit in your car and you do not participate ."”

Mr Nku claims that if he intended to be part of the operation, he would have driven with the police into Yellow Jersey; his role was limited to providing information, so he stayed behind and awaited instructions.

“If I wanted to be part of an operation , why not do it at the point of origin , at Yellow Jersey ? Because that would imply I knew that they were going to release the truck to go out . That is a decision they took , void of my presence . So if they had taken the intel , called all the relevant people there at Yellow Jersey , there would not have had to be an need for me to tag along because there was never prior communication or any communication while they were at Yellow Jersey.”

Mr Nku provided information about Yellow Jersey Logistics to Chief Mashaba; the decision to move the scene elsewhere was made without Mr Nku's presence.

“The sin that I provided was Yellow Jersey Logistics . That is the sin that I provided to Chief Mashaba . That is why all the relevant information was given to the two . It relates to Yellow Jersey Logistics . To move the sin elsewhere , it is a decision taken in my absence .”

Mr Nku requested to leave the scene at Aeroton before the arrival of Warrant Officer Phakula, and asked Chief Mashaba to leave as well, citing waiting for the Crime Scene Manager who might have questions for Chief Mashaba.

“I requested to leave . I requested Chief Mashaba to leave . And the reason provided was wait for the Crime Scene Manager, he might have questions for you .”

Advocate Mosikili accuses Mr Nku of tailoring his evidence regarding his alleged wanting to leave and being present at a scene, presenting new evidence inconsistent with prior witness statements and his own earlier statements.

“You see, that is my difficulty with your testimony all along, is that you tailor evidence as you go by. None of the witnesses who came to testify, not Chief Mashaba, said anything about you leaving. You have provided three statements. None of those statements mentioned you ever wanting to leave. It is now that you are cornered as to why you insisted on being there. You are being faced with black and white evidence as to why you insisted on being there. Now you are giving us completely new evidence that, in fact, at some stage, you wanted to be relinquished. And I put it to you, that is a typical case of tailoring evidence as you go and that is highly unsustainable because it is not supported by the true facts.”

Mr Nku asserts that he made a call to Chief Mashaba while at the scene, requesting something though the exact nature is not specified in the excerpt.

“I made a call to him while we were at the scene. While I was sitting in my car, if my memory serves me well, I did make a call to Chief Mashaba to make such a request.”

Advocate Baloyi challenges the logic of Chief Mashaba instructing Mr Nku to come to the scene, arguing it served no purpose since Mr Nku was to remain in his car and had already provided vehicle details.

“You may have made that kind of call, but I think the point is, it does not make sense that Chief Mashaba would invite you to go to the scene or to use your language, instruct you, because you serve no purpose ... You have given them the details of the vehicle, you can see it, there is the truck with the container ... So it does not make sense that he would instruct you to come with ...”

Mr Nku claims that he wanted to see the drugs he had identified to confirm they were taken by the correct people, explaining that as the reason for his presence at the scene.

“You say I wanted to see that the drugs that I have identified, and I was curious ... I see that the drugs that I have identified are in fact taken and they are taken by the correct people”

Mr Nku assumed from the time of leaving Yellow Jersey Logistics, that Chief Mashaba might have wanted him at the scene to act as crime scene manager, which prevented him from leaving earlier.

“From the initial point of leaving Yellow Jersey Logistics, I assume after the fact that maybe the reason why Chief Mashaba might have wanted me was for this crime scene manager, because that is what stopped me from leaving.”

Advocate Baloyi states that Mr Nku and Warrant Officer Magane were sufficient to handle the drugs and that they planned to take the drugs to Zonkizizwe or Alberton, but Mr Nku did not want others to know about these drugs and did not tell his superiors because of distrust.

“He and Warrant Officer Magane were sufficient. They were going to take those drugs, and their plan, I think he said one of them said we will take them to Zonkizizwe, another one said would have taken them to Alberton ... he did not want anyone else to know about these drugs, and we had a lengthy debate with him about this bust. He did not tell his superiors, he did not tell anybody because he does not trust people.”

Mr Nku warns that the drugs involve senior people in the SAPS and was careful whom he involved, hence he did not want to spread the word about the bust.

“He was quite careful who to involve ... You warned him that these drugs belong or involve some senior people in the SAPS, so he was quite careful who to involve ... It was his, Magane's operation, and yours ...”

Mr Nku called Chief Mashaba at the last moment because someone else was supposed to assemble a team to run the operation.

“The reason why I called Chief Mashaba, amongst other things, at the last moment, hence I said because someone else was supposed to assemble a team to run the operation.”

Mr Nku testifies that he did not instruct Chief Mashaba not to share information about the drugs with senior members of law enforcement, but warned him only to be careful to whom he disseminated information.

“I do not deny that. What I deny is instructing, or I would say giving him an instruction of not involving high-ranking officials while at the back of my mind, I knew that there had been an operation that was conducted through a high-ranking official ... So the warning was limited to be careful who you disseminate the information to because I knew in my mind that there is already rapport with him and the Provincial Commissioner at the time.”

Advocate Baloyi suggests that if Mr Nku said he warned Chief Mashaba not to share drug information with senior officials because of their interest, that would be incorrect or a lie.

“So if he said to us that you warned or cautioned him not to share the information with senior officials because they have an interest in these drugs, that would be incorrect? You did not say that to him?”

Mr Nku confirms that if Chief Mashaba said he was warned not to share drug information with senior officials, he must have misunderstood him; Mr Nku denies instructing such a restriction.

“He would have misunderstood me ... So, I do not deny that ... What I deny is instructing ... I would say giving him an instruction of not involving high-ranking officials ... He would have misunderstood me.”

Advocate Baloyi suggests Chief Mashaba was either dishonest about what Mr Nku said or misunderstood Mr Nku's communication.

“Or he would have been dishonest with us. Either he misunderstood you in what you conveyed, or he in fact understood you and lied to us to say that is what you said. Either or. It could be anyone of the two.”

Mr Nku says if he wanted to be part of the operation, he would have done so from the start at Yellow Jersey, not joining later at Scania without prior discussions.

“If I really wanted to be part, then why not do it at the first instance? Why not be part where – because where I provided information, I am certain that everything is there inside, in Yellow Jersey. I should have been part from the onset. I should have went in with them. That is where I feel that if I needed or wanted to be part, I should have rather been part at Yellow Jersey, not after the fact at Scania. Because I never had any prior discussions regarding Scania. I was just told after the fact when moving out that we are going to Aeroton.”

Mr Nku met with Chief Mashaba at a filling station and drove with him towards Yellow Jersey, parking at a distant company, while Warrant Officer Magane came later.

“I met with Chief Mashaba elsewhere. I believe it was at the filling station. So him and I drove towards Yellow Jersey... I parked at a distant company... then from there, that is when Warrant Officer Magane came”

Warrant Officer Magane's statement says he found Mr Nku at Yellow Jersey, implying Mr Nku and Chief Mashaba drove from elsewhere to Yellow Jersey together.

“Warrant Officer Magane says he found you there... it may well be that you and Mashaba drove from somewhere else to there”

Mr Nku chose to stay out of sight at a distant parking location to maintain anonymity and avoid being spotted by Yellow Jersey employees during police operations.

“I stayed out of the line of sight solely to maintain my anonymity... no one from Yellow Jersey could have said that they spotted me... I was confident that I do not disturb any of the affairs of the operation”

Mr Nku admits he did not leave the vicinity during the operations because he wanted to verify information due to mistrust in Chief Mashaba, stemming from previous experience of unreliability in information sharing.

“for me to leave without verifying ... not fully trusting Chief Mashaba ... I wanted to verify... I was forced to stay”

Mr Nku confirms he was instructed to leave, but his reasons for staying behind were not a result of that instruction, rather personal choice based on lack of trust in Chief Mashaba and wanting to verify information.

“My reasons for leaving was as a result of that instruction ... some reasons for staying was not as a result of an instruction”

Mr. Nku conceded that he was not expecting to get paid or rewarded for a particular operation called the Aeroton operation, at least not immediately, but hoped to build a profile for potential future reward.

“you then conceded that you were not expecting to get paid, at least on this operation, or be rewarded”

Mr. Nku was carrying R60000 with him, which he initially said was for travelling costs, but also mentioned that acquiring technical intelligence almost comes at a cost and used the money at his disposal for that.

“you have R60000 with you. You first say that it was for travelling costs ... acquiring technical intel almost comes at a cost...money at my disposal”

Mr. Nku stated that the R60000 was petty cash for the company, not his personal money, used in a supply chain operation involving multiple trucks.

“It was petty cash for the company. It was not my money...company funds...supply chain operation”

Mr. Nku took advantage of having R60000 at his disposal to use for travel expenses and other payments, sometimes making deposits rather than paying in cash.

“I took advantage of the money being at my disposal...used the funds for travelling...to make deposits”

Mr. Nku acknowledged that although the R60000 was cash, it was necessary because many clients paid the company in cash.

“the business ... we had a lot of clients paying in cash. That is why there would be cash”

Mr Nku admitted carrying cash from Johannesburg to Durban and back to Johannesburg.

“you carried cash from Johannesburg to Durban and then back to Johannesburg with it”

Mr Nku confirmed the amount he took was more than R60,000, approximately R64,000 or R65,000.

“No, it was not R60000. Yes, it was more, Chair. I think it would have been about R64000, R65000”

Mr Nku used part of the cash to pay for accommodation, tolls, and petrol during the trip.

“I booked in, I slept overnight on the 7th...yes Chair...So I used the money for that”

Mr Nku stated he did not expect to make any transactional use of the cash beyond accommodation and tolls, but carried all the cash as a safety measure.

“I would have expected to make transactions, but other than have a safety path of having money”

Mr Nku admitted he took an advantage by travelling with cash that should have been deposited, implying he used customer money for personal purposes temporarily.

“The advantage is that I took money from customers which I ought to have deposited”

Mr Nku explained that travelling discreetly required not using bank cards along the route to avoid detection.

“Travelling discreetly means that along the route, I would not be using my bank cards”

Mr Nku claimed the people whose information he was following up on had relationships with high-ranking officials, implying surveillance risks and need for discretion.

“The people whose information I am following up upon have got relationships with high-ranking officials. Anyone snooping around, it definitely does, there is exposure”

Mr. Nku pays for information sometimes to assist law enforcement, even though he is not a registered informant.

“sometimes you have to pay for it. It does happen ... you are not a registered informant ... you are prepared to pay for that information”

Mr. Nku leverages his resources and incurs costs upfront while expecting to be remunerated or to gain future returns through his intelligence activity.

“I am still someone who is in business and one understands leveraging resources for future returns ... the costs that one incurs along the way would be remunerated or would be equalised at a much later stage”

Mr. Nku seeks to be registered as an informant and to be paid for his information, despite not needing to be registered or paid if his intention was only to assist law enforcement.

“You want to be registered as an informant and then eventually you will be paid for it ... if your interest is to assist law enforcement, you do not need to be registered ... or paying ... but you want to be registered as an informant and get paid for it”

Mr. Nku’s interest in providing information is not solely financial gain but also includes long-term opportunities such as selling technology to law enforcement.

“For me, I view it as there had been a plethora of opportunities that would even extend to ... selling tech to our law enforcement ... help long-term”

Mr. Nku left Johannesburg for Durban primarily to follow up on his source related to containers, because his usual contact stopped communicating and the source would not exchange information on telephone.

“the main reasons was one of my sources ... did not want to exchange information on any telephonic platform ... the person that I'd been calling throughout was no longer picking up my calls ... I was left to follow up on the information on my own”

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 returned from Durban to Johannesburg because he had identified actionable intelligence about a specific container, and his interest in other containers had concluded.

“my reason for coming back was upon identifying this specific container ... I had conclusive details on, information on, that I can pass something that I would deem as actionable intel ... you were no longer interested in the other containers because you had intel, verified intel, in relation to this one container. Your job in Durban was done ... You could come back to Johannesburg”

Mr. Nku traveled to Durban to verify information relating to a container and then passed the information to the police, with no immediate benefit to his company except potential future benefits.

“The only benefit to you was that the information will be verified and you will pass it on to the police”

Mr. Nku was certain he could have built instant rapport with the person supposed to conduct the operation, given that person's pedigree.

“considering the pedigree of the person who was supposed to have conducted the operation, I was certain that you would have instantly built rapport”

Chief Mashaba informed Mr. Nku that informants would get 1.5% of a major success, usually in the form of an offer.

“I think the Chief Mashaba had to told me that informants would get 1.5% of a major success if it is in the form of offer”

Mr. Nku defines a 'major success' as information leading to a pass, generally relating to illicit cigarettes.

“For me, major success would be anything in the form of a pass. That is why, generally, I would give him information relating to illicit cigarettes”

Mr. Nku started giving information to Chief Mashaba in 2019.

“Got to know Chief Mashaba in 2019 ... did you start giving him information from 2019? Indeed, Chair.”

Mr. Nku initially expected being accepted as an informant to be an easy process once he proved reliable, but it took longer and he developed doubts.

“Initially thought it was an easy thing... but it took way longer, and I started having doubts”

Mr. Nku emphasized the importance of building rapport as critical to being accepted as an informant and was not focused on a specific timeframe.

“What was more critical for me was building rapport ... What was more important was building rapport”

Mr. Nku had repeated engagements with Chief Mashaba about being accepted as an informant, but these engagements felt like a perpetual 'come-back-tomorrow' scenario.

“We have had those engagements, Chair. We have had those engagements. Though I felt that it was always a come-back-tomorrow story.”

Mr. Nku did not know at the time that Chief Mashaba could not himself accept informants but later realized this.

“No, I did not know ... Ja, I did not know ... No, I see this in the light of what I know now”

Mr Nku was aware of a person who was not introduced as a traffic officer and only knew this fact after being arrested.

“He was never introduced as a traffic officer.”

Mr Nku stayed in Durban for one night and it was not due to lack of money.

“there was no money issue about you staying another night in Durban . You went to Durban , you were there for one night . You had enough money , it is not the reason you came back .”

Mr Nku knew the truck carrying containers of interest did not stop at weighbridges and was keeping an eye on the truck.

“you became aware that this truck was not stopping on the way . You explained , he never stopped at weighbridges .”

Mr Nku verified information about one container but then focused only on that container and ignored others.

“you forgot about the other ones , so you decided you are no longer interested and you focused on this one container.”

Mr Nku drove up to Gauteng with the truck carrying the container but did not relay information about all containers, only one.

“Why did you drive up to Gauteng with that truck ? ... Why did you not convey that information instead of driving and basically trailing this truck ?”

Mr Nku explained the truck did not stop at weighbridges and he only got details of the truck later that day after it had departed from KwaZulu-Natal (KZN).

“The reason why I say that it had crossed through these weighbridges is because the truck details themselves , I got them late on the day . It had departed .”

Mr Nku became aware of container prioritization through sources who have access to data.

“It was through my sources who have access to the data .”

Mr Nku did not disclose names of sources out of fear of self-incrimination relating to access to information.

“While we are out , please limit it to say I had sources for fear of self-incrimination relating to access to information.”

Mr Nku stated he received information from someone working with the system and having access to it.

“Someone who works with the system .”

At the time of receiving information about prioritized containers, Mr Nku was in Durban area.

“At that point , I am in the Durban area .”

Mr Nku stayed stationary in Durban area until he received information about the specific truck carrying a container of interest.

“You stayed stationary in Durban until you were told that the truck on which this container is , is trucks .”

Mr Nku gave preliminary information to Chief Mashaba but not detailed truck information initially.

“I gave the preliminary information , albeit not the truck details , but I gave Chief Mashaba the information .”

Mr Nku trailed the truck carrying a container of interest all the way to Johannesburg instead of relaying the information earlier to Chief Mashaba to act on it.

“Instead you trailed this truck all the way to Johannesburg . Explain that , which does not make sense .”

Mr Nku left Durban around the time the truck reached its destination and therefore did not consider trailing the truck necessary.

“I left Durban , I think it was around about the time when the truck reached its destination . So I would not consider trailing the truck .”

Mr Nku had access to information about multiple containers flagged as potentially containing illicit stuff which he did not share fully with law enforcement.

“You have other trucks , other containers , you tell us , that have been flagged as potentially containing illicit stuff .”

Mr Nku did not provide full information about other trucks and containers of interest to law enforcement because he was occupied with one consignment.

“Why did you not give him this information about the Yellow Jersey truck and then say to him there are other trucks ?”

Mr Nku had sources within the Yellow Jersey company who informed him about a truck's travel pattern and arrival times, including that the truck did not stop at weighbridges.

“I had sources through my sourcing, I had sources in the Yellow Jersey company. And that is how it got reiterated, that when a truck travels in this manner, usually there is definitely something.”

Chief Mashaba did not have full information about the truck's travel pattern or that it did not stop at weighbridges when he first spoke to Mr Nku; someone else was providing Mr Nku with this information.

“Chief Mashaba said he'd did not have full information when he had the first conversation with you...So it could not have been your source on the 8th that the truck has arrived in Johannesburg...So someone else told you this truck did not stop at weighbridges...Chief Mashaba could not tell you that it did not stop at weighbridges. He knows nothing about it.”

Mr Nku received R6000 cash which he explained as partly for travel costs and partly for paying for intelligence. Later he also described the money as petty cash derived from clients paying him in cash.

“On your statement, at least,you had mentioned it was part of the travel costs, and part of it could have been used for paying for intel...You added a new one. You said, no, this was petty cash...Moneys received through clients in a form of cash payment can be registered as petty cash.”

ADV Mosikili challenged Mr Nku's contradictory reasons for having the R6000 cash amount and the use of that money.

“Mr Nku, perhaps we can wrap up the topic on reasons why you had the R6000 cash on you. And I still persist that you keep on giving contradictory reasons for various questions that I put to you...And then later on, you said, no, this was a petty cash...Then later on, again, you said, no, not no, that amount actually is the entire amount that you received through your clients who were paying you in cash...And if we were to look at your bank account and find you have actually not telling the truth because you have been swiping that card going to Durban, that means it is not true that amount was, you had that amount because you wanted to remain discreet.”

The toll payments on the 7th and 8th of July were made at De Hoek Toll Plaza in the KwaZulu-Natal (KZN) region, showing travel in one direction and then the opposite the next day.

“...there is De Hoek Plaza, where there is a payment of R53. And De Hoek Toll Plaza, it is in the region of KZN...”

Mr Nku had previously transferred funds to Chief Mashaba before 9 July 2021 and had the means to make further payments on that date if necessary.

“...you have made payments to Mr Mashaba before, or Chief Mashaba before... ...on the 9th of July 2021, you had the means to make further payment to him...”

Mr Nku denies having paid Mr Mashaba but admits to lending him money and transferring funds towards him previously.

“I have not paid him. I would say I have lended [sic] money. I have not paid him.”

Advocate Mosikili contends that the money Mr Nku kept was not merely to remain discreet by avoiding card transactions, implying the money had a specific purpose possibly connected to payments to Mr Mashaba.

“...your reason that you wanted to remain discreet does not hold water. And we will make submissions... that R60000 had a particular purpose it had to serve. It was not merely there to be spent...”

Adv Mosikili suggests that the money found with Mr Nku on the day and his previous dealings with Mr Mashaba imply the money could have been used for those who assisted him, including Mr Mashaba.

“hence, I am saying, on the scene on that day, you being found with that kind of amount and having dealt with, or at least having in this Commission been informed of your previous dealings with Mr Mashaba, the idea that, for now at least, that money could have been used for those who assisted you, including Mr Mashaba, is not far fetched”

Mr Nku denies that he would pay Mr Mashaba for doing his job, calling the idea far-fetched.

“For me, it would be far fetched, Commissioners, because I do not see the reason why to pay him for doing his job”

Mr Nku states that R60000 was part of his travelling expenses.

“you say the R60000 was for, you say it was for part of your travelling expenses”

Mr Nku says cards are generally quicker to use than cash for travel expenses.

“the possibility would have been using– I just do not recall using the card, but I would guess what comes to mind is that generally cards are quicker”

Mr Nku suggests the only reason he might not have used the cash was convenience, but is inconsistent on whether he used cash or card for tolls and accommodation expenses.

“The only thing that comes to mind, as I say, Chair, it would have been convenience”

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”

Mr Nku admits that most tolls were paid with his card, although some tolls were paid in cash.

“I am of the view that the tolls that I paid cash in, or rather I paid via card, it was not necessarily all the tolls. It would seem there are tolls that I paid cash, but going forward, going to, it would seem I used ...”

Mr Nku says he used part of the money for accommodation and fuel during his travel.

“I have used part of the money for my travels... What cost more would be accommodation”

MR NKU carried a huge amount of cash in his car on the 9th, which was questioned as it might have been for reasons other than those he gave, such as paying tolls discreetly or for fuel.

“once you have all these difficulties , that tends to suggest that you having that much money in your car at Aeroton on the 9th may well be that you had that cash for some other reason , not the reason that you have given us .”

MR NKU admitted he used cash for fuel during travel but mostly used his cards for toll payments, which contradicts two main reasons he gave for carrying large amounts of cash: paying tolls and traveling discreetly.

“I certainly used cash . [..] significantly , substantially , you used your cards for tolls . That is the main point . And add to that the fuel , the fuel .”

MR NKU stated they pay cash when booking hotels via bookings.com but could not recall which hotel he stayed at where cash was paid.

“We do pay cash when we do immediate booking via bookings.com . We do pay cash . I am thinking , where did I stay ?”

Mr Nku's testimony was scheduled to be postponed to allow sufficient time for his evidence due to its expected length and other scheduling constraints including General Senona's testimony.

“The Evidence Leaders considered the scheduling as well as the fact that Mr Nku's evidence is likely to take more than one day... the Evidence Leaders deemed it fit to reschedule him to next week where sufficient time for his complete testimony can take place... the evidence of General Senona is scheduled to take place tomorrow, and that evidence cannot be moved.”

Mr Nku and his representatives are present in the building for the hearing.

“Mr Nku and his representatives are in the building.”

Mr Nku's evidence was postponed from last week to this week and then further postponed to next week due to scheduling and the potential length of his testimony.

“An application was agreed to by the parties to have Mr Nku's evidence postponed from last week to this week... the Evidence Leaders deemed it fit to reschedule him to next week... We have engaged with Mr Nku's legal representatives and are in the process of agreeing to the dates for next week.”

Mr Nku confirmed he is obliged to attend the Commission on the agreed date for his testimony.

“I am in the hands of the Commission. I am obliged.”

Chief Mashaba admitted that even though Nku was at the operation location to monitor the truck, he deliberately did not want to inform the local police of the operation plans due to sensitivity.

“I am being careful also as to who do I involve .”

Chief Mashaba does not dispute referring to an ANC election rally in his message to Mr Nku.

“You do not dispute that you were referring to an ANC election rally, correct, in this message that you sent to Mr Nku ?”

There was a WhatsApp conversation on 7 April 2021 between Iby Boss and Mr Nku discussing someone not being allowed on a flight from Amsterdam.

“a conversation that occurs on the 7th of April 2021... a message sent by Mr Nku to Iby Boss says: "Boss, they did not let him on the flight from Amsterdam. Tell everyone he is not coming."”

Chief Mashaba did not recall details of the conversation about someone not being allowed on a flight from Amsterdam, denying any frequent discussions with Mr Nku about such matters.

“No, I have got no recollection of this... I cannot remember... No, we did not have... this is the only exchange.”

The Chairperson accused Chief Mashaba of being untruthful about his lack of recall regarding WhatsApp chats proving a long existing relationship and exchanges with Mr Nku.

“Honestly, you are being untruthful... You are untruthful because you see that all these chats between you and Mr Nku ... show a picture that is totally different to what you told us... You are trying to extricate yourself...”

Chief Mashaba knew what Mr Nku was talking about in the WhatsApp communication regarding postponing preparations and gave a thumbs-up to the message.

“You do a thumbs-up in your next message, in your response in that white box. You do a thumbs-up. This reflects you knew what he is talking about.”

Chief Mashaba accepts that his thumbs-up response to Mr Nku's forwarded communication means he was part of the communication circle about the person not coming from Amsterdam and postponing preparations.

“Yes, I agree. ... I agree. ... At that time, yes, even if I might have forgotten now. ... Yes, at that time it means yes, I was.”

The exchange between Iby Boss, Boss Iby and Mr Nku about the person not being let on the flight from Amsterdam was forwarded to Chief Mashaba by Mr Nku, and Chief Mashaba was part of the communication circle regarding this matter.

“The exchanges between Iby, Boss Iby and Mr Nku at page 264 about this person not being led onto the flight from Amsterdam is not coming, that it is forwarded to you by Mr Nku as we see at page 120, and your response is a thumbs up, must mean that you were part of whatever communication was happening between Mr Nku and Boss Iby, Iby Boss.”

Chief Mashaba acknowledges that according to the WhatsApp conversation dated 29 June 2021, he was part of a plan that needed to be postponed because the person was not coming from Amsterdam.

“Yes, according to this, it says obviously I am part of it.”

WhatsApp messages from 29 June 2021 between Chief Mashaba, Mr Nku, and Iby Boss show discussions about keys, a phone being off, and references to legal issues involving General Mashaba.

“Mate, he will not give me the keys or the phone. He says legally, he cannot. He put up a big stink about General Mashaba. Also, he said it was a silver X5 with two white guys. They have footage, but it is not clear...”

Chief Mashaba was communicating with Mr. Nku about a car key, suggesting involvement of an investigating officer and a vehicle, and intended to ask the investigating officer about the key.

“A t 1 2 : 0 4 o n t h e 2 5 t h o f J u n e . Yo u s a y : “ He d o e s n o t s e e t h e m . ” 5 J u n e , 1 2 : 2 1 . T h e n M r N k u s a y s : “ M a y b e t h e y a r e w i t h t h e I O . ” A n d t h e n y o u s a y : “ I w i l l a s k t h e I O . ””

Mr Nku and Iby Boss (Alpha) were involved in a transaction regarding car keys with an investigating officer, and Chief Mashaba attempted to influence the investigating officer to release an exhibit (the key) at Mr Nku's behest.

“The picture that it creates is you, Mr Nku, and Boss Iby or Iby Boss, who is also referred to as Alpha, were involved in a transaction that included car keys that are with an investigating officer, possibly as an exhibit, that are with an investigating officer and you wanted that key to be released ... you are interfering and speaking to influence an investigating officer to release an exhibit ... you say I will speak to the investigating officer ... and you do so at the behest of Mr Nku.”

Chief Mashaba acknowledges that it is improper to speak to an investigating officer to release a key that is an exhibit, even if asked by his brother Mr Nku.

“Mr Nku be cause you are asking? Do you accept it would be improper to do that? - I accept. - Okay. - I accept.”

Chief Mashaba says he would try by all means to assist Mr Nku, whom he considers a brother, especially with police issues where Mr Nku seeks his assistance regarding difficult investigating officers.

“like taking Nku as my brother, if he needs assistance, I would try by all means to assist him because I know on many things he relies on me. Especially police issues, where he would say maybe, can you maybe assist ? I have got this problem , or I have got this , for instance , I have got this IO that is giving me difficulties . If it is possible , can you maybe try talk to him ?”

Chief Mashaba did not recall why he took a picture of a car key and sent it to Mr Nku, despite the key and the conversation being very specific and unusual.

“I cannot remember. Honestly, I cannot remember …”

Chief Mashaba received a call from Mr Nku on the 8th of July confirming the truck with drugs from Durban to Johannesburg had arrived, but Mr Nku did not provide any new information other than the truck's arrival.

“Mr Nku called you and said to you that there is a truck with drugs coming from Durban to Johannesburg … on the 8th , you told him to confirm it positively, and he did so the morning of the 9th of July… He did not give you any new information other than to say the truck is now in Joburg.”

Mr Nku became aware of a potential arms and contraband shipment including drugs during the last week of April 2021 from confidential sources and shared this information with Lieutenant General Sindile Mfazi in late June 2021.

“I first became aware of the potential shipment during the last week of April 021 through confidential sources. At that stage, the information was preliminary and indicated a possible shipment involving arms, contraband, including drugs. I shared this information with Lieutenant General Sindile Mfazi, whom I was initially introduced to by former Deputy Minister of Defence, Kebby Maphatsoe, as he expressed that Lieutenant General Mfazi was his compatriot in exile. Further details were received and shared in late June 2021.”

By approximately 7 July 2021, certain containers were prioritized for transportation, one of which was conclusively positive for drugs, meaning by that date it was confirmed there were drugs in the truck.

“By approximately 7 July 2021, certain containers were identified as being prioritised for transportation. One of them was conclusively positively based on .”

Chief Mashaba denies speaking to Mr Nku on 7 July 2021 despite Mr Nku's claim that he communicated knowledge of drugs in the shipment on that date.

“But on the 7th of July, he did not — we did not speak .”

Mr Nku told Chief Mashaba that the drugs were already in the truck by Thursday night 8 July 2021 and no longer just a suspicion but confirmed information.

“when he speaks to you on the 8th of July, Thursday the 8th of July, he already knew positively that the drugs were there . And I am suggesting to you that he told you the drugs are there already on Thursday night, not Friday morning. He knew positively because he says he knew on the 7th of July already.”

Chief Mashaba insists they did not speak on 7 July 2021, implying he did not receive prior confirmation of drugs before 8 July 2021.

“Like I am saying, we did not speak on the 7th, and that was his information . He said to me on the tht that I have got this information .”

Chief Mashaba admits he spoke to Mr Nku on 8 July 2021 and was informed about the shipment of drugs in the truck.

“Yes, correct . Correct, Chair.”

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”

Mr Nku gave Chief Mashaba sufficient information including photographs, details of the truck, and license plate to take lawful steps to seize drugs by 8 July.

“he had given you sufficient information in order to do the operation follow-up”

Chief Mashaba states Mr Nku did not give him full details including license plate prior to operations, contradicting Ms Segeels's assertion.

“I know he did not”

Chief Mashaba acknowledged that according to Mr Nku, a truck from Durban to Johannesburg was transporting drugs, but questioned how Mr Nku confirmed this information.

“There is a truck coming from Durban to Joburg transporting drugs ... I do not know how he confirms that”