Ms Nxumalo

Mr Msibi used Mr Nxumalo to rig a tender for him at Ekurhuleni for the Project Management Unit contract for the BRT project.

“we see that Mr Msibi appears to have used Mr Nxumalo, who is someone who we previously have met in connection with Mr Msibi, to rig a tender for him at Ekurhuleni.”

Mr Nxumalo forwarded the tender advertisement for the PMU contract PS-PT17-2023 to Mr Msibi on 3 June 2023.

“Mr Nxumalo sends to Mr Msibi a WhatsApp in chat number 3 at 4:43 in the morning, which forwards the tender advertisement for this project management unit that Mr Msibi wanted for Kamprock.”

Mr Nxumalo denies authoring the message 'This one is not a panel. Is it spoken for? I have two people asking.' and claims it was incoming or from someone else.

“Thus far, Mr Nxumalo has told us nothing other than what we told him. ... I record for the Commission's assistance that item 3 of the extract is marked incoming, whereas the notice proceeds on the basis that I wrote those words”

Mr Nxumalo notified Mr Msibi on 24 October that the PMU tender had been submitted for the week's BEC and the Department had confirmed.

“Mr Nxumalo notifies Mr Msibi that: “PMU … has been submitted for this week’s BEC. Department has confirmed.””

Mr Msibi sent Ms Nxumalo's contact card to himself on 4 May 2023.

“that is the contact card that was sent on 4 May 2023 from Mr Msibi to Ms Nxumalo. Page 142.”

Adv Chaskalson states there is no evidence yet on certain trade details and plans to approach the Reserve Bank for tracing.

“we have no evidence. We will try to clarify that. In particular, we will go to the Reserve Bank and see if they can trace details in relation to that trade.”

Captain van Niekerk was involved in the procurement process for enhanced security at Port Shepstone before becoming a procurement officer, relying on Colonel Nxumalo of SAPS to check and advise on the application file.

“because at that point Captain van Niekerk was not appointed as a procurement officer, so we relied on the mother board, the SAPS, which was Colonel Nxumalo. So they would poke holes on the file that this and that must be rectified and it would be sent back...”

Sergeant Nkosi stated he was aware that 'Ze' was one of the complainants but initially did not know Ze’s surname, which he later identified as Nxumalo.

“When you testified in February, you said you were not aware of Ze's surname. You said Ze was one of the complainants but you did not know his surname... I was not sure about his surname... Yes, but I knew him... Nxumalo... That is correct.”

Sergeant Nkosi often communicates by telephone with the person who sent him the vehicle registration details and visits Mr Nxumalo at his home, who is his brother.

“I know I do usually talk to him a lot. ... That is correct. He is my brother.”

Despite seeing Mr Nxumalo's face in the media, Sergeant Nkosi was not sure of his surname and did not notice it at the time.

“I was not sure. Not knowing, I was not sure. ... I do not know. ... Yes. ... Yes. ... No. ... To me, it is possible. You just check a face, I know this face, then you do not even bother to check what is below that.”

Sergeant Nkosi has visited Mr Nxumalo's home multiple times but could not specify how often.

“I am just sceptical in saying how many times because I will be closing myself in, when I say three times or 10 times, you find that I went there 10, 80 times. So, I ...”

Mr Msibi was suffering from a condition causing vomiting and inability to eat, requiring medication sourced from Cape Town arranged by Mr Nxumalo.

“At that time, Mr Msibi was suffering from Itrist [ ? ]. Ja, if I am not mistake, if I pronounce it correctly. So, Ze had ordered a medication in Cape Town. So, he promised Mr Msibi that he would deliver. But I think according to him, due to unforeseen circumstances, then I had to collect.”

Mr Nxumalo is not a doctor or pharmacist but deals in medication and sourced medication from Cape Town for Mr Msibi's condition.

“No. No. No. But he deals in medication. Yes.”

Sergeant Nkosi is always with Mr Msibi and Mr Nxumalo frequently comes to Mr Msibi to arrange medication delivery.

“I am always with Mr Msibi . Mr Nxumalo frequently come to Mr Msibi on those bases .”

Mr Nxumalo sent Sergeant Nkosi various documents on 17th October 2024 including Mr Khawula's profiling report, consumer tracer report, and identity details.

“And those were what Mr Nxumalo sent you on the 17th of October 2024 .”

Mr Nxumalo sent a warrant of arrest dated 21 October 2024 to Sergeant Nkosi.

“Then over the page, also on the 1st of October, Mr Nxumalo sends you a copy of the warrant of arrest . Yes .”

Sergeant Nkosi actually received the warrant of arrest from Brigadier Ramangwa, and Mr Nxumalo was an extension.

“I received it from Brigadier Ramangwa . Nxumalo was an extension , but Brigadier Ramangwa .”

Sergeant Nkosi received the warrant of arrest from Mr Nxumalo at the very least on 21 October 2024 at 1:39 am.

“But you, at the very least, you also received it from Mr Nxumalo . I confirm . And your received it from him at 1:39 in the morning . That is correct . Of the 21st of October . That is correct .”

Complaint by Mr Nxumalo against Mr Khawula may not fall under organized crime category, but the matter is pursued according to the functions of the organized crime unit.

“This complaint by Mr Nxumalo against Mr Khawula, does it fall in the category of organised crime cases?”

Mr Nxumalo gave the concert tickets to Sergeant Nkosi on 7 December 2024 at 06:18 in the morning.

“Y e s , h e s e n d s t h e m .”

Sergeant Nkosi advised Mr Nxumalo to write a statement to assist with his personal finances on this investigation and then send it to the office of Brigadier Ramangwa for a reimbursement application, but he did not follow up if it was done.

“I advised him to write a short statement that he assisted with his personal finances on this particular investigation. Then they must send it to the office of the Brigadier Ramangwa and then we will make an application to reimburse him. I do not know. I did not make a follow-up if he did that or not.”

A picture of Mr Khawula in custody was sent by arresting officers from KwaZulu-Natal (KZN) to Mr Nxumalo.

“I think it is the arresting officers from KZN. That is correct.”

Sergeant Nkosi does not know if it is lawful for Mr Nxumalo to distribute the picture of Mr Khawula in custody and the arrest register.

“I am not sure.”

Mr Nxumalo was directing the investigation and communicating with the investigating officer on where to go and what to do, effectively telling police how to conduct the investigation.

“Mr Nxumalo is asking you for numbers ... he , in fact , at chart number 5 , tells you that the investigating officer will call you . So , he is in touch with the investigating officer , and he is now arranged with the investigating officer to call you .... you had a complainant who was directing this investigation and telling the police what to do , where to go .... That is the impression I get from this .... Mr Nxumalo is directing the investigation on how it should be conducted .... you have a civilian who is a complainant , who is basically telling police what to do , when , where .”

Sergeant Nkosi suggests Mr Nxumalo's involvement in directing the investigation may be due to desperation related to personal issues such as his marriage, but acknowledges it was a form of direction.

“Maybe I can say 50 - 50 from the suggestion ... I think maybe it was desperation , because it was affecting him in his marriage , he is a public figure as well , so I think it is desperation and direction ...”

Sergeant Nkosi states that Mr Nxumalo was not allowed to take over the investigation but was given assistance as police officers move between locations, implying an informal cooperation rather than formal control.

“We did not allow him . I think it was a matter of assistance . You know , sometimes police officers will run from here to there , then from there we need another assistance . We took advantage of that . We did not see it as – but I leave it at that .”

Mr Nxumalo was not involved in the execution of certain warrants relating to Mr Khawula's arrest.

“Which did not involve Mr Nxumalo.”