Brigadier Nyuswa

The exhibit clerk at Isipingo SAPS said there was no space to keep the exhibits, leading Lieutenant Colonel Jacob to organize their transport to Port Shepstone for storage.

“The exhibit clerk asked me a strange question. He wanted to know where we were going to keep the exhibits...He told me that he had no space to keep the exhibits there...Lieutenant Colonel Jacob started making calls to look for a place to store the exhibits...After talking to Brigadier Nyuswa, Lieutenant Colonel Jacob told me that we must take the exhibits to Port Shepstone storage.”

The exhibits from the drug bust were transported to Port Shepstone and stored in a safe in the offices there, with a Port Shepstone official providing keys to the safe. General Senona and Brigadier Nyuswa were present during the storage and General Senona personally instructed that the safe keys be left with him.

“We arrived...at Port Shepstone offices and we were received by a Port Shepstone official who showed us their walk-in safe...General Senona was checking if the store room was suitable to store exhibits...After storing the exhibits in the safe...the safe keys were handed over to him accordingly.”

Brigadier Nyuswa received a call from Warrant Officer Mpangase informing him about Crime Intelligence contact regarding a container at Isipingo potentially containing drugs; Mpangase was proceeding with Lieutenant-Colonel Jacob and Warrant Officer Sibiya, all from Durban Serious Organised Crime Unit.

“On Thursday morning of 22nd June 2021 , I received a call from Warrant Officer Mpangase from Durban Serious Organised Crime Unit , informing that Crime Intelligence has contacted him regarding a container at Isipingo , which might have drugs and that he was proceeding there with Lieutenant-Colonel Jacob and Warrant Officer Sibiya , all from Durban Serious Organised Crime”

Warrant Officer Mpangase confirms he spoke with Brigadier Nyuswa, a man of integrity, about the container at Isipingo and the events concerning it.

“if he mentions that I did , that would mean that is a fact , I did speak to him”

Warrant Officer Mpangase's contact with Brigadier Nyuswa was irregular and only by necessity.

“It was not that regular . I would only consult with him when there was a need .”

Warrant Officer Mpangase does not recall speaking to Brigadier Nyuswa about the operation associated with the cocaine seizure.

“I do not recall .”

Warrant Officer Mpangase does not remember having a discussion with Colonel Jacob about booking himself on duty with Brigadier Nyuswa.

“I do not remember .”

Warrant Officer Mpangase states he did not speak to Brigadier Nyuswa about Colonel Jacob booking himself on duty.

“No, that does not come into my mind, that I did speak to Jacob .”

Warrant Officer Mpangase confirms he spoke to Brigadier Nyuswa and not to Jacob regarding the booking on duty matter.

“Yes, I am talking Nyuswa .”

General Senona was not intended to be engaged as an implicated person regarding the Port Shepstone drug bust, but as head of DPCI-KZN as part of management ultimately responsible.

“He was never intended to be engaged on the matter as an implicated person . The thinking has always been to engage him as head of DPCI-KZN , ... at the end of the day would , except that the buck stops with him”

Adverse statements were made about the General by persons including Warrant Officer Sander, Brigadier Nyuswa, Lieutenant Colonel Jacob, and Witness H.

“there is nobody who can genuinely deny that adverse statements were made about the General by those persons.”

Advocate Mpofu asserts that Brigadier Nyuswa was made aware of General Senona's opposing version during preparation for his statement, as communicated by the Evidence Leaders, which raises issues of fairness and legal appropriateness.

“when Brigadier Nyuswa was being recognized or preparing for his statement, he was told what the version of General Senona will be on that particular point... it would have been appropriate, legally speaking, for him to be placed in the same position that the Evidence Leaders chose to put Brigadier Nyuswa”

Advocate Mpofu claims that General Nyuswa has not been furnished with a requested statement, demonstrating delays and incomplete disclosure by the Commission.

“we have been asking for the statement, the Commission’s statement of, what is it, Brigadier Nyuswa, just as an example, and we have not been furnished with that”

Statements of witnesses are not given out until the witness has testified, and they are not published or given to the media earlier.

“statements do not go out until a witness has testified”

Brigadier Nyuswa is a brigadier who testified on 17 June and the Commission does not release witness statements until after the witness has confirmed them, which may delay potential assistance to General Senona's team who wanted a copy of Brigadier Nyuswa's statement by 1 June.

“Brigadier Nyuswa is a Brigadier, testified on Wednesday, the 17th... by the 1st of June, General Senona's team wanted a copy of his statement and as the Commission points out, the Commission does not release any statement until the witness has confirmed it”

Maj-Gen Senona failed to disclose the visit by Brigadier Nyuswa to the Port Shepstone offices on 2 November 2021 shortly before the drug theft occurred; Brigadier Nyuswa confirmed his visit.

“He further failed to disclose the visit by Brigadier Nyuswa to the Port Shepstone offices on Tuesday, the 2nd of November 2021, shortly before the theft occurred...I can confirm, Commissioners, that Brigadier Nyuswa also testified here and he confirmed that he did visit the office on the 2nd of November 2021.”

Brigadier Nyuswa initiated and applied for the reemployment of members in Supply Chain Management where Warrant Officer Sander was placed, and ordered polygraph tests due to disappearances.

“The person who initiated and applied for these members that are employed in that Supply Chain Management where this Sander was placed , was initiated by Brigadier Nyuswa ... All these members must go for polygraph test because there was no break-in , but things are disappearing”

Warrant Officer Sander was not subjected to polygraph examination due to theft of his coffee machine as claimed; rather, he was signed for a call-up instruction by the speaker.

“It is not correct that he was subjected to polygraph examination because of the theft of his own coffee machine that was stolen in that office ... I only signed the call-up instruction”

When Warrant Officer Sander was placed back to his office, the speaker informed Brigadier Nyuswa that the investigation was taking too long and suggested stopping Sander's allowances.

“I informed Brigadier Nyuswa that Warrant Officer Sander , because this investigation is taking too long , someone from the Legal Services wanted to stop his allowances”

Warrant Officer Sander was supposed to return to the Serious Organized Crime Investigation (SOCI) unit where he was previously working, and there was no instruction given by Maj-Gen Senona for him to be placed at EPR instead.

“he can go back to Serious Organized Crime Investigation in Durban office where he was working before ... I have never specified that he should not be placed at EPR as it was said by Brigadier Nyuswa”

Maj-Gen Senona states that he had to resort to verbal instructions due to the situation faced, and denies giving urgent written instructions placing Warrant Officer Sander elsewhere than SOCI.

“This verbal instruction, it is out of necessity to do verbal instruction because of the situation we are facing with ... I never gave Brigadier Nyuswa that type of an instruction that he must not go back there, he must go there”

Maj-Gen Senona was receiving progress reports on the investigation into the allegations against Warrant Officer Sander, which were sent via Brigadier Nyuswa.

“I was receiving progress report ... Lieutenant Colonel Mtshali, he is now Colonel, was appointed to investigate ... progress report ... he will write it to Brigadier Nyuswa ... Brigadier Nyuswa will forward the email to me”

The General directed Brigadier Nyuswa that the member must return to Serious Organised Crime Investigations (SOCI) rather than to SANEB, indicating that his return was compliant with instructions.

“My decision was that he must go back to SOCI, Serious Organised Crime Investigations... I said he must go back to SOCI... And my directive as far as I am concerned, or as far as I can recall, I said he must go back to SOCI.”

Placing the member at SANEB, where he originally was, instead of EPR, would have been in compliance with the General's instruction to return to SOCI.

“If Brigadier Nyuswa had placed him at SANEB, where he originally was, instead of EPR, that would still have been in compliance with your instruction that he must return to SOCI.”

Colonel Jacob was appointed Acting Provincial Commander from 29 January until 18 February 2024 during the period a complaint was received and acted upon.

“you appointed him Acting Provincial Commander for the period Brigadier Nyuswa was on leave . Which is the period of when this complaint was received and acted upon .”

Brigadier Nyuswa stated that Warrant Officer Sander requested to be returned to SOCI, but General Senona instructed him that he must go to EPR instead.

“At some point, Warrant Officer came to speak to me about returning to SOCI... General Senona said Warrant Officer Sander must go to EPR”

General Senona denies recalling telling Brigadier Nyuswa that Warrant Officer Sander must go to EPR and states he decided to place him at Supply Chain pending investigation.

“I do not recall telling him that he must go to EPR. It is me who took a decision to put him at Supply Chain...”

Brigadier Naicker repeatedly reported safety issues but claimed that reporting to head office would have led to charges against him, creating an atmosphere of intimidation and non-reporting to the Commission.

“he said he reported over and over the issues of the safety to Brigadier Nyuswa, but he said if he reported it to head office, he was going to be charged”

Maj-Gen Senona prepared a factual report about the theft of drugs at Port Shepstone for General Mosikili, based on information provided to him by Brigadier Nyuswa.

“I requested him to get me the information, and he gave me a draft. And then out of the draft, I did rectify whatever I had to, and then I read it. I was satisfied and then I sent it to the Deputy National Head by then.”

MAJ-GENSENONA admits he did not do his own investigation or research and relied on the reports and information prepared and provided by Brigadier Nyuswa and others to compile his own report.

“I never went and did my own research and investigation and wrote the report. I said Brigadier Nyuswa wrote it to me and then I checked it. Then I was happy with it... I was required to provide a factual report”

General Senona took the statement that ORS members were present during the breaking of the seal from Nyuswa, who gave him a report to that effect.

“You give an explanation where you take that statement from. You say Nyuswa, I think it is, gave you a report, and that is what he said, and that is where you get that statement.”

Brigadier Nyuswa informed General Senona about a drug bust, advised preparing reports, and communicated that Isipingo lacks capacity to store the drugs.

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

Maj-Gen Senona was not aware of facilities in and around the area including Maydon Wharf Police Station, Umbilo, and others for storing drugs before shipment.

“I was not aware. Brigadier Nyuswa just came and briefed and suggested to me, and I have already responded to this question”

Evidence from Colonel Prinsloo and Brigadier Nyuswa shows the alarm system at Port Shepstone was not functioning due to loadshedding on that day.

“The evidence of Colonel Prinsloo and Brigadier Nyuswa... has established that the alarm system was not operational... because of loadshedding, the alarm... it could not work.”

MAJ-GEN SENONA and Brigadier Nyuswa drove first to Isipingo then diverted to Port Shepstone after a phone call and never reached Isipingo on the day of the seizure.

“We never reached Isipingo ... he was talking on the phone and then we diverted to Port Shepstone”

Major-General Senona did not personally take any action against officers for not following prescriptions but expected his deputy to do so, and admits his mistake was not to follow up on his deputy's actions.

“I d i d n o t p e r s o n a l l y t a k e a n y a c t i o n . ... I f t h e C o m m i s s i o n e r w a n t s m e t o a n s w e r i n a y e s o r n o , I w i l l s a y I d i d n o t t a k e a c t i o n . ... H e n c e , m y d e p u t y w a s a w a r e . I e x p e c t e d h i m t o t a k e a c t i o n . ... M y m i s t a k e w a s n o t t o m a k e a f o l l o w - u p i f h e d i d t a k e t h e a c t i o n .”

Major-General Senona said he agreed to the storage of exhibits at Port Shepstone based on Brigadier's recommendation but he never had discussions with Brigadier Nyuswa about whether Port Shepstone was appropriately designated to maintain SAP 13 register per paragraph 12(1).

“I a g r e e d b a s e d o n t h e r e c o m m e n d a t i o n b y t h e B r i g a d i e r f o r t h i s e x h i b i t t o b e s t o r e d t h e r e . ... I t n e v e r a r i s e d ...”

Seized drugs were kept in a safe at Port Shepstone for four to five months instead of being sent to FSL within the prescribed period, contrary to the national instruction.

“And as a result, the exhibits were lying there in that safe for four to five months before they were stolen . ... The exhibits must be sent to FSL within a certain period. ... My question is this. ... Why did you and Brigadier Nyus not take any steps to ensure that the exhibits were sent to FSL ?”

Major-General Sensenona explains that the failure to send the drugs to FSL was an oversight due to the serious pressure and unrest in July 2021, not the main or ultimate cause of the theft.

“I think it is a – what are they calling it – hindsight because immediately thereafter, one was overwhelmed by the July 2021 unrest where we were tremendously under serious pressure . ... I would say, I did also know that the KwaZulu-Natal Forensic Science Laboratory indicated they did not have adequate accommodation for these drugs ... I think hindsight is that one was overwhelmed with the July 2021 unrest .”

At the time of the July 2021 unrest, Brigadier Nyuswa and many officers were assigned to deal with local government elections.

“Brigadier Nyuswa was said from the beginning of November ... most of you were then assigned to deal with local government elections .”

Maj-Gen Senona admits it was an oversight not to include Brigadier Nyuswa in the list of officers who underwent polygraph tests, despite Nyuswa being a direct supervisor of those tested.

“I must say it was an oversight on my side because he is the one who gave me the name list of the people and I never realised he is not part of it.”

Brigadier Nyuswa was not subjected to a polygraph test and did not know why; he deferred to his superior for the decision.

“He was asked, why did you not undergo a polygraph test? And he said, I do not know, ask my superior.”

Brigadier Nyuswa did not raise concerns about the safety of the suspected cocaine exhibits to Maj-General Senona; the concern was attributed to Colonel Prinsloo but was not communicated to Senona.

“it was never raised with me, this concern of Lieutenant Colonel Prinsloo ... Brigadier Nyuswa never raised it with me ... The only thing he raised with me was this break-in ... He gave me that report ...”

General Senona invited the DPCI management to his father's unveiling ceremony in 2021 in Pretoria, which the speaker attended along with Brigadier Kgama and other SAPS members.

“I do recall that he invited the DPCI management to his father's unveiling ceremony in 2021 in Pretoria, which I attended as I was in Gauteng that weekend. Brigadier Kgama also attended the unveiling, as did other SAPS members”

In 2024, General Senona attended the speaker's father's funeral in KwaZulu-Natal with KZN DPCI management and members.

“In 2024, General Senona attended my father's funeral in KZN, together with KZN DPCI management and members”

General Senona felt Brigadiers Mbatha and Kgama were undermining him and that the speaker was the more respectful of the three brigadiers, possibly due to the speaker's respect for him and the other two being shortlisted for the provincial head post.

“I got the sense that General Senona felt that Brigadier Mbatha and Kgama were undermining him and that I was the more respectful of the three. I think this is because of the two Brigadiers who were shortlisted for his post”

Brigadier Kgama did not attend his farewell function in 2023 due to a possibly strained relationship with General Senona.

“In 2023, when Brigadier Kgama retired, he did not attend his farewell function. And it was said, although I do not know for a fact, that the reason for his non-attendance was the strained relationship with General Senona”

It was not unusual for Provincial Commanders to be based at the provincial office, although the preference is to be based where their team is.

“It was not unusual for the Provincial Commanders to be based at the provincial office, although the preference is to be based where your team is based”

In 2023 and 2024, replacements for retired Provincial Commanders were stationed elsewhere by General Senona, but the speaker remained at the provincial office, which may have created the incorrect impression that the speaker was close to General Senona.

“However, in 2023 and 2024, when the other Brigadiers retired and replaced as Provincial Commanders, General Senona stationed those Provincial Commanders elsewhere and I remained at provincial office. This may have also created the impression that I was close to General Senona”

General Senona did not have much regard for the speaker but the speaker was respectful to him as senior.

“General Senona did not have much regard for me, but I was respectful to him as my senior”

General Senona felt he could bypass the speaker and give instructions directly to the speaker's members without informing the speaker.

“As the Provincial Head, he felt that he could bypass me and give instructions directly to my members without informing me”

The speaker's team base is an office in Durban, Victoria Embankment, although the speaker has other offices throughout KZN.

“I have an office in Durban, but not in the provincial office. It is in Victoria Embankment ... I have got more offices throughout KZN. But there is one office in Durban, in Victoria Embankment”

Brigadier Nyuswa was charged with misconduct for failing to manage the kidnapping case, leading to its withdrawal by the NPA.

“The misconduct was that we failed to manage the case. As a result, it was withdrawn by the NPA, because the NPA also wrote a letter, a complaint to the head office stating the reason why the matter was withdrawn.”

Colonel Jacob was supposed to report to Colonel Dhlomo, who in turn would report to Brigadier Nyuswa.

“Colonel Jacob is supposed to report to Colonel Dhlomo, and Colonel Dhlomo will in turn report to me. That is the line.”

For the purposes of the drug investigation operation, Brigadier Nyuswa became effectively the superior officer to whom Colonel Jacob reported, instead of Colonel Dhlomo.

“I admit that, Commissioner.”

Brigadier Nyuswa visited Port Shepstone DPCI office on 2 November 2021, met with Lieutenant Colonel Prinsloo and Lieutenant Colonel Mjali, and had a brief meeting about CIT (cash in transit) robberies.

“On the 2nd of November 2021, ... At the DPCI offices, I met with Lieutenant Colonel Prinsloo and Lieutenant Colonel Mjali. ... We had a brief meeting. ... there is a meeting called CIT meeting, cash in transit meeting. We invite stakeholders and talk to them”

General Senona requested that all his subordinates be subjected to a polygraph test, but Brigadier Nyuswa was not aware he was included in such a request.

“General Senona's evidence on the polygraph test is that he requested that all his subordinates be subjected to a polygraph test. You would have been one of those. That is correct. Did you ever become aware that he made that kind of a general request which would have included you? No, Commissioners.”

Brigadier Nyuswa applied for renewal of his top secret security clearance in June 2023 after a theft incident, underwent a polygraph test during the vetting process, passed it, and was issued a new clearance certificate in March 2025.

“My top secret security clearance was due to expire at the end of September 10023. In June 2023, after the theft, I applied for the renewal of my top secret security clearance. The process involved submitting references, bank statement, being interviewed by a vetting officer and undergoing a polygraph test...I passed the polygraph test and I was issued with my new top secret clearance certificate in March 025...”

Warrant Officer Sander was moved from SANEB to Supply Chain Management in February 2024 without consulting Brigadier Nyuswa, who was surprised by this action.

“I was present in the meeting when General Senona informed him of the allegations together with other officials. I was on leave at the time and I was not present at that meeting...I was surprised when I returned from the leave to find that Warrant Officer Sander had been moved to Support Services at the provincial office. General Senona did not consult me on this.”

Brigadier Nyuswa submitted the detailed report with pictures of the complaint to the Commission, confirming the allegations against the officers were substantiated by the report and pictures.

“I must say also I have submitted this report to the Commission. It is a very detailed report with pictures. Yes. That report and pictures, do they bear out the complaint, the allegations against these officers? Yes. That is correct, Commissioner.”

Brigadier Nyuswa was not present when Warrant Officer Sander and others were discussed in a meeting, contrary to Warrant Officer Sander's evidence and diary confirmation.

“I was present in the meeting when General Senona informed him of the allegations together with other officials. I was on leave at the time and I was not present at that meeting. I have been informed by the Commission that Warrant Officer Sander has since looked at his diary entry of the day and confirmed that I was not present at the meeting.”

Brigadier Nyuswa recalls that he was contacted by Warrant Officer Mpangase who reported to Colonel Jacob regarding suspected drugs in a container at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase. He reported to Colonel Jacob, who was the SANAB team leader at the time. Warrant Officer Mpangase informed me that he was contacted by Crime Intelligence regarding suspected drugs in a container at Isipingo.”

Brigadier Nyuswa admits he did not authorize Colonel Jacob to return from leave to attend the operation at Isipingo.

“you do not say here that you authorised Colonel Jacob to come from leave in order to attend to this.”

Brigadier Nyuswa clarifies that Colonel Jacob was on leave at the time and he did not initially consider it in his statement, suggesting an oversight.

“And then, I remember that he was on leave. Because when I submitted my initial statement, that was not in my mind... I think it is an oversight on my side, and I agree I should have informed the Colonel.”

Brigadier Nyuswa was not aware that Colonel Jacob was on leave until told by Warrant Officer Mpangase.

“I was not aware that Colonel Jacob was on leave until Warrant Officer Mpangase told you.”

Brigadier Nyuswa did not sign Colonel Jacob's leave form because leave forms are normally signed by the immediate commander, and he only signs for Unit Commanders.

“No, I were not because I did not sign his leave form, the SAP 26. The leave form is normally signed by the immediate commander. At my level, I only sign for the Unit Commanders.”

Brigadier Nyuswa agrees it was an oversight not to inform the Unit Commander about authorizing Colonel Jacob's return from leave.

“I think it is an oversight on my side, and I agree I should have informed the Colonel.”

Brigadier Nyuswa did not investigate why Warrant Officer Sibiya, who lacked drug bust experience, was sent with Lieutenant Colonel Jacob.

“I did not probe it because normally when we attend crime scene, we include many people. Also, people from different sections, also different departments as well.”

Brigadier Nyuswa testifies that SANAB deals with drug-related crimes, EPR (Economic Protected Resources) with human trafficking, and NPVC with serious and violent crime cases.

“There is NPVC which deals with serious and violent crime cases. There is SANAB which deals with drugs and there is also EPR.”

Brigadier Nyuswa states that at the time Warrant Officer Sibiya was with EPR and not SANAB, thus they had no concern about his presence.

“I did not see that as a concern to me because he had to learn because now he is with SANAB anyway.”

Brigadier Nyuswa confirms that the first call he received from Colonel Jacob was early in the morning and that Colonel Jacob was at the crime scene reporting the discovery.

“The first call I received from Colonel Jacob to me, because I was not there, he was at the crime scene reporting the discovery.”

Brigadier Nyuswa explains that when there is no storage space at a police station, members try to find other spaces and report back to management.

“members will, on their own, try and get spaces, and report back to us, to me, or to the management and say, we could not get the space here, but we put the exhibit here.”

Brigadier Nyuswa contacted FSL after speaking to Colonel Jacob because he wanted them to rescue them and take the exhibits.

“Because I wanted them to rescue us, to take the exhibits.”

Brigadier Nyuswa asserted that Colonel Jacob never told him he had called FSL earlier that day or that he had exhausted all avenues, hence Nyuswa called FSL without knowing this.

“No, if my recollections serve me correct, no.”

Lieutenant Colonel Prinsloo stated he received a call from Brigadier Nyuswa on 22 June 2021 between 10:00 and 11:00 AM informing him that a provincial tracing team had seized a large quantity of drugs (cocaine).

“On 22 June 2021, at between 10.00 and .00 in the morning, I received a telephone call from Brigadier Nyuswa. He informed me that the provincial tracing team had seized a large quantity of drugs, Cocaine, from a container.”

Brigadier Nyuswa disagrees with the timeline given by Lieutenant Colonel Prinsloo and says that Colonel Jacob is not from the tracing team.

“I disagree, Commissioners. I think the timing of, the timeline of Colonel Prinsloo here is wrong. Also, what is also incorrect here, I never communicated that the tracking team, because Jacob is not from the tracking team, tracing team.”

Brigadier Nyuswa asserts that he was called by Colonel Jacob from Isipingo in the afternoon, possibly from 12pm onwards, contradicting the timeline given by Lieutenant Colonel Prinsloo.

“Jacob called me from Isipingo. It was afternoon, maybe from 12 onwards. Hence I am saying this timeline of Colonel Prinsloo is wrong.”

Brigadier Nyuswa says he called FSL in the afternoon after contacting Colonel Jacob and was not aware that Colonel Jacob had also called FSL earlier that day.

“I called FSL in the afternoon.”

Brigadier Nyuswa says he never requested FSL members to assist his members with sampling the exhibits.

“No, Commissioners. I cannot recall that.”

Brigadier Nyuswa says sampling of exhibits by his team was done after the storage of the exhibits at Port Shepstone.

“The sampling, I think it was done after the storage of the exhibit at Port Shepstone.”

Brigadier Nyuswa confirms that on 23 June he was told by General Senona to inform Colonel Prinsloo that Mpangase would be going to the Strong Room to take samples of the exhibits.

“On the 23rd. Yes, the very next day.”

Brigadier Nyuswa concedes that it was not proper procedure to take samples of exhibits at a point when the exhibits were not yet registered in SAP 13 records.

“I concede. That was not proper procedure, what happened here.”

Brigadier Nyuswa agrees that the correct procedure would have been to first book the exhibits into SAP 13 at the Port Shepstone police station before storing them in the DPCI safe.

“Correct, Commissioner. That would be the correct procedure.”

Brigadier Nyuswa confirms that he and another senior member of the DPCI went to Isipingo police station before going to Port Shepstone, explaining the delay.

“But we went to Isipingo, Commissioners. That is why we were delayed to get to Port Shepstone.”

According to Brigadier Nyuswa's diary entry and fuel claim, he first went to Isipingo and then detoured to Port Shepstone, which supports his version of events against Prinsloo's different timeline.

“I think I made a diary entry on that day, and if my memory serves me correctly, I even said there that we first went to Isipingo, and then from Isipingo to Port Shepstone. And that diary entry has the calculations of my kilometres, which I submitted at the end of the month of June to claim my fuel that I used on that day.”

Exhibits consisting of 27 black bags of suspected cocaine were already secured in a safe when Brigadier Nyuswa arrived at Port Shepstone.

“The exhibits, being 27 black bags of suspected Cocaine, were already in the safe.”

The bricks of cocaine were likely counted at Isipingo as the black bags were repacked there before transport to Port Shepstone where the bags were simply stored in the strong room.

“I think that counting must have been done at Isipingo.”

Brigadier Nyuswa states that normally a report including photographs of exhibits is compiled and submitted via WhatsApp to the police and management groups post-operation.

“Normally, when they submit a report, they will attach photos.”

Members compile a WhatsApp report for successes or incidences and send it to Brigadier Nyuswa who forwards it to management and then to General Senona.

“The procedure is when there is successes or incidences, you compile a report. And the Unit Commander will send it to me. I will send it to the management group of the DPCI. And the General will read it. If he is happy with it, he will then send it to the DPCI management group.”

Brigadier Nyuswa did not recall receiving photographs of the exhibits unpacked at Isipingo prior to arrival at Port Shepstone, but indicates reports with photos are normally submitted afterwards.

“I cannot recall. But the report, there is a WhatsApp report that the members compile for the success. They will attach photos... That did not happen on that day. That happened afterwards. Then next day, later that day?”

Brigadier Nyuswa acknowledges that exhibits were taken out of bags at Isipingo and finger-printed bricks were not known to him at the time of arrival at Port Shepstone.

“At that stage, you did not know that they had already unpacked the drugs. They had piled it up at the Isipingo police station. Fingerprints were on the bricks. None of that you were aware of.”

Brigadier Nyuswa states the reason exhibits were not put into exhibit bags at Isipingo was due to insufficient supply of exhibit bags at that station.

“The reason was that Isipingo did not have sufficient or exhibit bags.”

Brigadier Nyuswa confirms he only learned at Port Shepstone that the exhibits were not sealed in exhibit bags and instructed Mpangase to ensure exhibits were put into exhibit bags and registered into SAP13.

“You only get to know when you are there that they did not put it in the sealed bags. That is why you then give Mpangase that instruction to do it.”

If Brigadier Nyuswa had been aware that the exhibits were not in sealed bags upon arrival, he would have instructed the sourcing of exhibit bags from the nearest police station.

“I would have asked them to go source the exhibit bags from the nearest police station.”

Brigadier Nyuswa and Supply Chain management at the provincial office were actively reporting directly to General Senona about procuring enhanced security measures at Port Shepstone due to existing security issues.

“We were busy with the Supply Chain to get the proper security for the same office... Supply Chain management at provincial office and myself... were reporting directly to General Senona... At Port Shepstone... even before I assumed the position in 2020... there were problems with the security at Port Shepstone.”

Brigadier Nyuswa confirms Supply Chain management reported directly to General Senona and he also reported to General Senona about procuring enhanced security measures at Port Shepstone during the period including 2018 to 2020.

“They were reporting directly to General Senona... During that period, because this date back from 2018, even before I assumed the position in 2020, there were problems with the security at Port Shepstone.”

Brigadier Nyuswa was aware of the security vulnerabilities at the DPCI office in Port Shepstone and the security application process concerning enhanced security measures, including CCTV and biometric systems.

“he was aware of the security vulnerability of the DPCI office and the fact that there was no active security. He would have been aware of the security applications I referred to above, the latest one being in January 021.”

Brigadier Nyuswa trusted that the drugs stored at Port Shepstone would be safe despite knowledge that storing drugs there was vulnerable and not intended for long term storage.

“I knew about the application and the security, but I trusted that the drugs would be safe there. And it was not the intention that the drugs would stay long.”

General Senona was involved in signing off the form 585 for the security application as part of the committee, though Brigadier Nyuswa cannot recall if he actually signed it.

“The 585 form need to be signed...The committee would sit and then we all signed...Yes, he would have signed, but I cannot recall if that happened.”

Brigadier Nyuswa was the main person reporting to General Senona about enhanced security efforts at Port Shepstone, with Captain van Niekerk from Supply Chain Management also involved in reporting.

“nobody...Oh, ja, yes, yes...It was Captain van Niekerk.”

General Senona could have rejected the suggestion to base the unit at Port Shepstone if he had alternative locations, but Brigadier Nyuswa did not provide any alternative suggestions.

“If he had other alternatives, so we both did not have...No, I hear that. It was because previously you have stored drugs there with no problems...”

Brigadier Nyuswa travelled with General Senona from Durban provincial office to Isipingo and later to Port Shepstone on the same day.

“You and General Senona were travelling together that day...That is correct...From our provincial office...Which is in Durban.”

Brigadier Nyuswa did not personally inquire from Durban police stations about their capacity to store 540 kilograms of prohibited substances, instead relying on Colonel Jacob who told him he had exhausted all avenues.

“I did not, Commissioners, because already Jacob, Colonel Jacob told me he exhausted all the avenues...I took it when he said he has exhausted all avenues, as an experienced drug investigator.”

Brigadier Nyuswa admits oversight for not checking the storage capacity in Durban when Jacobs said there was no storage in Isipingo

“Commissioner, I will say it is an oversight on my side. I trusted the Colonel, and I did not follow that.”

Brigadier Nyuswa did not phone Pretoria FSL because it did not come to his mind as they wanted a place to store exhibits now

“It never came into my mind, because we wanted a place where we can store them now.”

Brigadier Nyuswa focused on civil unrest matters in July and thought the IO and provincial head would do the necessary for the investigation

“In July, my whole focus was taken off the normal investigation. Now I had to focus on the civil unrest matters, which kept me busy. And I thought the IO and the provincial head would do the necessary, because they can see how busy I was.”

Brigadier Nyuswa was not involved between June 23 and October about a suspect until informed

“beyond the 23rd of June you did not have any further involvement until in October when you were told about the suspected ?”

Brigadier Nyuswa confirms he was the only person told by the landlord that the safe could not be breached except with keys

“I never told anyone this thing.”

Lieutenant Colonel Prinsloo was a Warrant Officer and also a SAP 13 clerk at the premises when Brigadier Nyuswa was Unit Commander

“He was a Warrant Officer. Also at that premises? Yes. ... He was once a SAP 13 clerk for us in the same office.”

General Senona requested both the original and the spare set of keys to the safe, the spare being a safety precaution since a key was not available locally

“The SAP 13 clerk would ordinarily keep the original. What happens with the spare key ? I think it was for safe safety precaution that he does not have a key in Durban and someone also on the other side has got a key.”

Brigadier Nyuswa confirms that only two sets of keys existed for the safe and denies there was a third set

“No, I do not think so. It is only the two that you are aware of ? I only know about the two.”

As Provincial Commander at Port Shepstone, Brigadier Nyuswa acknowledges that the exhibits were not put in proper exhibit bags, not accounted for, and no SAP13 entry was done on the day in question.

“You can see that no SAP 13 entry is done. You can see that the exhibits are not put in proper exhibit bags and accounted for ... you knew that the prescripts were not being complied with.”

Brigadier Nyuswa admits they took the keys and told members to come back the next day to bag the exhibits properly.

“Hence they were told to come back. Remember we took, the keys were taken. And then the next day they were told to go back and bag the exhibits.”

Adv Khumalo accuses Brigadier Nyuswa of knowing there was no visit to Port Shepstone police station on the day in question and that no one sourced proper exhibit bags before leaving the office, implying negligence.

“You know that nobody has gone to Port Shepstone police station. You know that nobody has sourced the exhibit bags to properly store these exhibits. And you leave the Port Shepstone office with that knowledge ...”

Brigadier Nyuswa admits that the exhibits were not properly bagged by members on the day in question.

“It was not done, Commissioner.”

Brigadier Nyuswa accepts oversight responsibility but notes he had a superior with him, implying shared responsibility for the failure to ensure compliance with protocols.

“But I had my superior with me as well, but I guess it is also another oversight on me.”

DPCI appears to take no action when prescripts are disregarded and there is delay of five years before action is taken against Brigadier Nyuswa for his part in the failure to properly handle exhibits in 2021.

“It seems like DPCI does not take action when prescripts are disregarded and people do not do what they are supposed to do ... it bothers me that it is five years later and only now they appear to be taking action.”

Keys for Port Shepstone DPCI were held at Port Shepstone and not by the exhibits clerk, contrary to protocol.

“No, the keys for Port Shepstone DPCI would be held at Port Shepstone ... So this is another area of non compliance with how things should have been done, that the keys did not remain with the exhibits clerk at Port Shepstone DPCI.”

There is a requirement, per a standing order (though the exact name is not recalled), for police officers to check the premises security, perimeter, windows, and doors regularly and to make an occurrence book (OB) entry.

“It is a requirement, because when you come to the office, you have got to check the perimeters, check the building, if everything is okay, you will make an OB entry, and then you leave.”

If there is no OB entry or visit/check done as required, the Unit Commander is responsible and must take action.

“The Unit Commander, because his function is command and control of the unit. He needs to take actions.”

Lieutenant Colonel Prinsloo was the Unit Commander responsible for command and control and discipline in these matters.

“Colonel Prinsloo ... because also, when you discipline people, it is a line function ...”

Disciplining Warrant Officer Mpangase for not ensuring exhibits were bagged was the Unit Commander's responsibility, not Brigadier Nyuswa's.

“You, as a line officer, can discipline Warrant Officer Mpangase for not ensuring that the exhibits were in exhibit bags. It is a question ... It has to be done by the Unit Commander.”

The acting Unit Commander at the time was Colonel Dlomo, who did not know anything about the operation; Brigadier Nyuswa states he knew about it and was responsible.

“The acting. Dlomo? Yes. But Dlomo did not know anything about this operation. You knew about this operation. So the buck would stop with you.”

Brigadier Nyuswa agrees he was responsible to take action once he saw Warrant Officer Mpangase did not ensure exhibits were bagged at Port Shepstone.

“So you were responsible to take action once you saw that Mpangase did not ensure that the exhibits are in exhibit bags when they were left at Port Shepstone. Yes.”

Brigadier Nyuswa approved signing on Warrant Officer Mpangase's colleague, Colonel Jacob, to duty following a request from Crime Intelligence, despite Colonel Jacob being on leave and not personally signed on.

“We know that from his evidence ... that he was effectively signed on duty by Warrant Officer Mpangase because you did not speak to him ... He is on leave. You and him say Mpangase called you ... you approved it. So you signed him on to duty.”

There is no SAPS record that Colonel Jacob came on duty on 22nd June other than the verbal authority from Brigadier Nyuswa.

“So there is no record in SAPS that he came on duty that day other than you.”

Brigadier Nyuswa states he had no authority related to the exhibits and the investigation after a certain point.

“Absolutely none, Commissioners.”

Brigadier Nyuswa reported an attempted break-in to General Senona, who is the Provincial Head.

“I did report to him.”

Brigadier Nyuswa informed General Senona about the attempted break-in and that he told Jacob to speed up the investigation.

“I informed him and I told him what I told Jacob.”

General Senona accepted Brigadier Nyuswa's explanation about informing Jacob to speed up the investigation.

“He accepted that.”

Brigadier Nyuswa reported the attempted break-in to General Senona because he needed to know about the security breaches in the DPCI offices.

“He is a Provincial Head and he needs to know of the security breaches in the DPCI offices.”

Brigadier Nyuswa did not ask General Senona for direction on how to handle the attempted break-in report, only informed him of the situation.

“No, I did not ask him.”

Brigadier Nyuswa expected that General Senona would assist by using his seniority to get the exhibit out of Port Shepstone, but did not ask him directly.

“In my mind, I thought maybe he will make some attempts to also assist to get the exhibit out of Port Shepstone.”

Brigadier Nyuswa acknowledges that he did not ask General Senona directly for direction or intervention after reporting the break-in.

“Yes, I did not ask for direction.”

Brigadier Nyuswa believes General Senona should have assisted him when informed about the security breach, despite Nyuswa not asking for help.

“But as my superior, I would think that when something like this is reported to him, he should assist.”

General Senona told Brigadier Nyuswa that FSL (Forensic Science Laboratory) needed additional samples for analysis because earlier samples were flooded.

“Apparently, the samples that were forwarded earlier on, I think they were flooded, but I also think the FSL should have told us using good time, so that that exercise can be done speedily.”

Brigadier Nyuswa was shocked to see the safe had been breached by grinding, which contradicted the landlord's information that the safe could only be accessed with keys.

“It seemed that the safe had been breached by grinding it?”

Brigadier Nyuswa did not disclose the landlord's information about the safe being only accessible with keys during the theft investigation because he was shocked and unsure of its correctness.

“I never disclosed that, and you know, I was also shocked whether the information I had was correct or not.”

Brigadier Nyuswa did not know anything as the previous Unit Commander and was not engaged in deeper investigation by the DPCI or General Detective investigators.

“I am the previous Unit Commander there. Did I know anything, you know? No, there was nothing.”

Brigadier Nyuswa suspects that someone within their group leaked information about the location of the safe containing suspected cocaine.

“I do suspect that someone within us leaked information”

Brigadier Nyuswa could not confirm whether the safe door was actually opened with a key because he did not have the expert report yet.

“At least if I have the report by the expert, then I can confirm and say yes. But with me not having it, I am unable.”

Brigadier Nyuswa did not believe the door had not been opened by key but could not definitively confirm due to lack of evidence.

“what I saw, I could not believe it. But hence, I do not have anything to back me up. I am unable to confirm with you, Commissioner.”

There is a possibility that the scene was staged, that the door to the safe was opened using a key, and someone grinded it to simulate a forced entry.

“it is possible that somebody actually did open the safe and the grinding happened, as you suspect, simply to stage the scene”

Brigadier Nyuswa indicated he was reluctant to speculate that General Senona opened the safe or gave someone the key without evidence.

“I am not reluctant. It is just that if I do not have evidence, I cannot say something and say, I do not want to say it is him... I was a bit hesitant as to what exactly transpired.”

Brigadier Nyuswa was distant from the investigation and does not know what happened to the safe door afterwards.

“I was so distanced from this investigation. I really do not know what happened to the door.”

Brigadier Nyuswa acknowledges the discomfort that due to his role and involvement, he could be considered a suspect in relation to the incident under investigation.

“you must appreciate that you would be one of the people that may be considered suspects as in what was his role, questions being asked about your own involvement in this.”

Brigadier Nyuswa acknowledges he understands the concern about being considered a suspect.

“Yes, I do understand.”

Brigadier Nyuswa claims he was not involved in the incident.

“But I was not involved.”

Warrant Officer Sander corrected his evidence that Brigadier Nyuswa was not present at the meeting in February 2024 when he was placed.

“Warrant Officer Sander has corrected his evidence ... that you were not in the meeting in February 2024 when he was placed”

Brigadier Nyuswa was on leave in February 2024; the acting Provincial Commander at that time was either Colonel Vilakazi or Colonel Jacob.

“Who was acting in your position as the Provincial Commander when you were on leave at that time? It can only be two. Either Colonel Vilakazi or Colonel Jacob”

Brigadier Nyuswa had never seen or handled the temporary placement letter addressed to the Acting Provincial Commander and states he was not the Acting Provincial Commander.

“Brigadier Nyuswa said he had not seen or handled the letter and was not the Acting Provincial Commander”

Brigadier Nyuswa was not notified about Warrant Officer Sander's move to Supply Chain Management but was involved in the corruption investigation against him.

“You say when you came back you found out and were just notified that Warrant Officer Sander had been moved to Supply Chain Management ... you were involved in the investigation of serious allegations of corruption against him”

Brigadier Nyuswa receives progress reports from Colonel Mjalian and prepares them for the Provincial Head who forwards them to the National Office regarding the corruption allegations against Warrant Officer Sander.

“I will receive the progress report from Colonel Mjalian and prepare the same for the Provincial Head who will then send it to National Office”

Brigadier Nyuswa did not speak to the complainant nor anyone who had spoken to the complainant and did not recall if the complainant verified any reports.

“Did you ever speak to the complainant ? No. Did you ever speak to anyone who had spoken to the complainant ? I do not think the complainant was ever found .”

Brigadier Nyuswa was shown a letter containing serious allegations against Warrant Officer Sander and did not object to his removal from the team.

“I was shown this letter , and I looked at the letter and there were serious allegations . So I did not object to the decision taken to remove him”

Brigadier Nyuswa verified an information note prepared by Admin Clerk Ntshangase regarding the inquiry into Warrant Officer Sander.

“the information note was verified by you . It was prepared by ... Ntshangase . What does the AC stand for ? Admin Clerk ... Ntshangase . And you verified it ...”

The investigation into the whistleblower's 5 February 2024 email was referred to the FIC for any findings, and the FIC findings are incorporated in the report.

“the IO applied to the FIC to check if FIC can pick up anything, and these are the findings of the FIC . So, it is incorporated in this report”

The decision for Warrant Officer Sander to go to EP Protected Resources instead of back to SANEB was made by the Provincial Head and complied with by Brigadier Nyuswa.

“It was a decision by the Provincial Head that he does not go to SANEB , he must go to EPR , and I complied”

Complaints were brought to Brigadier Nyuswa's office, investigations were conducted, and people, including a female Warrant Officer and a retired Captain named Fries, were charged.

“There were complaints that were brought to my office and there were investigations that were done and there were people that were charged. Remember the investigation, it would be assigned to the disciplinary investigator and he would say this so-and-so must be charged. And I remember that the Warrant Officer, the female Warrant Officer, there was also Warrant Officer, I mean he is now a Captain who retired, I think Fries [?] was also charged to those complaints.”

Complaints that Warrant Officer Sanders testified to were acted upon by Brigadier Nyuswa's office following proper channels and appointments of functionaries to investigate.

“Yes. Did he send them to me or it came through the channels? Because I would receive something from Colonel Jacob and then also report to the Provincial Head and then the functionaries would be appointed to investigate.”

Brigadier Nyuswa was not aware of allegations against Lieutenant Colonel Jacob colluding with a drug cartel or an IPID investigation against him at the time he joined as Acting Provincial Commander in April 2020.

“When you joined, were you aware of the allegations against Lieutenant Colonel Jacob that were similar to the allegations that were later made against Warrant Officer Sander that he was colluding with a drug cartel? Were you aware of that? And that there was an IPID investigation against Lieutenant Colonel Jacob? - No.”

Brigadier Nyuswa stated there was no reason he could see why Warrant Officer Sanders should not have gone back to SANEB at the conclusion of the investigation, but the decision was made by his superior.

“I do not see a reason why he should not have been placed back to SANEB. - Because I was following orders. - No, I do not see a reason.”

Brigadier Nyuswa sent Warrant Officer Sanders to Economic Crime Section (EPR) to do a very sensitive investigation because other investigators were not advancing it, and Sanders has progressed well in that investigation.

“I sent him to EPR, but again, equally so, I asked him to do a very sensitive investigation for me there because other investigators were not taking it anywhere and he is still doing it. And he has progressed a lot on that investigation.”

General Senona makes all final decisions and overrules Brigadier Nyuswa's recommendations, including on the matter of Warrant Officer Sanders' reassignment to SANEB.

“General Senona, he makes the final decision and is finally accountable, overruled my recommendation.”

General Senona does not consult when making decisions and this can be problematic in the leadership structure of the SAPS.

“He was not someone who consulted when he made decisions. - Yes.”

Brigadier Nyuswa did not inquire about the reason why General Senona rejected Warrant Officer Sanders' request to return to SANEB, simply passed on the decision.

“You do not ask, why, because he is more effective at SANEB. So this is on you because you were asked do you know why, and sitting here today you do not know, you do not have a reason which means you did not even enquire for yourself so that you are informed and you are aware what the reasons are. You just accepted that a decision was made and you left it there.”

Brigadier Nyuswa confirms having had discussions with Warrant Officer Sander about his allowance and placement issues but disputes that his discussion with General Senona was in March 2025, stating it was around July 2025.

“My discussion with General Senona was not in March... I think it was around this time in July because Sander started working back in EPR on the 1st of August 2025... I did have a conversation with Sander.”

Warrant Officer Sander was moved to EPR as a compromise to prevent losing his scarce skills allowance, not at Brigadier Nyuswa's direct request to General Senona to move him back to the operational unit SANEB.

“ADV SEGEELS-NCUBE”

Brigadier Nyuswa accepted that he did not know Warrant Officer Sander's experience level at a new depot and acknowledged he should have probed but did not. He explained he valued Sander because he was an experienced drug investigator.

“He is an experienced drug investigator... I would have not known that this was his first time... should I have known, I would have probed to say, but why, where is Colonel Gopalsamy?”

Brigadier Nyuswa accepted that he too was content to send a less experienced drug investigator on an operation because some members are comfortable working with certain colleagues.

“I even made an example that Karl will work with Kenneth Beukes... and him being asked by this member which I do not know, I did not see anything wrong.”

Colonel Prinsloot expressed concern about the safety of exhibits after a break-in and communicated this to Brigadier Nyuswa, who reported it to General Senona and General Jacob but did not take further security measures, only urging to expedite the investigation.

“ADV KHUMALO SC”

General Senona had the key and the investigators present were not assisting Brigadier Nyuswa; they were continuing with their normal duties.

“General Senona has the key and the investigators are there, and they were not even assisting in what I was doing. They were just continuing with their normal duties.”

Brigadier Nyuswa conceded to oversight by failing to inquire with other police stations, especially in Durban, about storage capacity on 22 June.

“there was an oversight on your part . The first one was your failure to enquire with the other police stations, especially in Durban, whether they had storage capacity on the 22nd of June.”

There was a failure to act against members who reported violations of exhibit handling and storage protocols at Port Shepstone, allowing a culture of non-compliance to persist for five years.

“the way the exhibits are being handled, the way they are being stored . And your failure to take action against members who reported to you on the day ... for five years you do nothing about it and people continued doing the same thing over and over again ... it creates this culture where prescriptions are just there on paper. Nobody complies with them and people do as they please . And seniors at your level do not do anything about it . They do not take action against those officers .”

Brigadier Nyuswa apologized to the Commission and the nation for the failures regarding exhibit handling and storage.

“I cannot change what has happened. The only thing I can say, I am sorry to you and then nation.”

In 2020, Lieutenant Colonel Sibiya and Lieutenant Colonel Moodley were temporarily transferred from Financial Investigation to Organized Crime as a duty arrangement by Provincial Management including General Senona, Brigadier Nyuswa and Colonel Singh.

“In 2020, both Lieutenant Colonel Moodley and I temporarily transferred from Financial Investigation to Organized Crime as part of a duty arrangement done by Provincial Management ... Provincial Management, it was General Senona, Brigadier Nyuswa, and Colonel Singh.”

Lieutenant-Colonel Jacobs informed Brigadier Nyuswa about the unavailability of storage space at Isipingo SAPS, and the exhibit was to be kept at Port Shepstone Organized Crime Unit walk-in safe.

“Lieutenant Colonel Jacobs indicated that he has informed Brigadier Nyuswa about the issue of unavailability of storage at Isipingo SAPS. After some time, Lieutenant Jacob informed us that the exhibit will be kept at Port Shepstone Organized Crime Unit walk-in safe.”

The exhibits were transported from Isipingo SAPS to Port Shepstone Organized Crime Unit walk-in safe and handed over to General Senona and Brigadier Nyuswa, acting Unit Commander of Port Shepstone.

“On arrival at Port Shepstone Organized Crime we met General Senona, Brigadier Nyuswa, the acting Unit Commander of Port Shepstone and other members. We offloaded the exhibit from the two vehicles and placed them inside the walk-in safe. The acting Unit Commander locked the safe, handed over the keys to Warrant Officer Mpangase who checked the safe door and took the keys. He handed the keys to General Senona at the main entrance.”

Lieutenant Colonel Jacob indicated that he had spoken to Brigadier Nyuswa about a safe place to keep the exhibits away from Isipingo.

“Lieutenant Colonel Jacob indicated that he has spoken to Brigadier Nyuswa about a safe place to keep the exhibits”

Lt-Col Sibiya confirms he was sent by SAPS to attend a course in Paarl and was absent from KwaZulu-Natal when the exhibits were stolen.

“I got a call from Brigadier Nyuswa.”

Brigadier Nyuswa requested Lt-Col Sibiya to attend the course in place of Captain Van Niekerk because Captain Van Niekerk had a family emergency.

“He then requested me to assist because Captain Van Niekerk, who was supposed to go and attend the course, was on the call-up instruction. He had an unfortunate situation. His mom was ill. Then he said, can I kindly replace Captain Van Niekerk to attend the course? Then I agreed.”

Colonel Jacob rejected the claim that storage issues justified moving cocaine seizures to Port Shepstone, stating there was storage in and around Durban.

“so you did not talk to Brigadier Nyuswa to find alternative storage capacity because you had exhausted all avenues and there was no storage space in Durban. That is not the case. There was storage in and around Durban. You chose to go elsewhere, to Port Shepstone on the advice of Brigadier Nyuswa”

Colonel Jacob claims that he did not choose the site for the seizure around Durban; rather, he informed Brigadier Nyuswa that all avenues were exhausted.

“It is not a fair summary to say I chose with regards to Port Shepstone. It is a fair summary to say that I told or informed Brigadier Nyuswa that I exhausted all avenues.”

Colonel Jacob confirms he asked Warrant Officer Mpangase to inform Brigadier Nyuswa about him booking back in.

“You called Warrant Officer Mpangase and asked him to inform Brigadier Nyuswa that you are booking back in.”

Brigadier Nyuswa suggested to COLONEL JACOB that exhibits be stored at Port Shepstone despite it not being a police station but an office.

“Brigadier Nyuswa ... came up with the idea that the exhibits be stored at Port Shepstone ... Port Shepstone was not a police station but an office”

COLONEL JACOB followed what he deemed a lawful instruction from Brigadier Nyuswa to store drugs at Port Shepstone despite not being sure of the facility's suitability.

“I followed an instruction that I deemed lawful ... I complied with that instruction”

COLONEL JACOB complies with instructions from Brigadier Nyuswa to store exhibits at Port Shepstone and relayed the instruction to Warrant Officer Mpangase to ensure compliance.

“I complied with that instruction. I then relayed that instruction to Warrant Officer Mpangase to ensure compliance”

Brigadier Nyuswa, Colonel Jacob's senior, assumed full responsibility for the drugs once he instructed Jacob to move the drugs to Port Shepstone.

“The moment Brigadier Nyuswa, who is your senior, instructed you to move them to Port Shepstone, he assumed full responsibility for those drugs.”

Colonel Jacob denies giving up responsibility for the drugs despite instructions to move them to Port Shepstone and says compliance to a lawful instruction does not equate to surrendering responsibility.

“No, it is not giving up responsibility, Commissioner... It was an instruction from him that I deemed lawful, and I complied with it.”

Colonel Jacob relayed the instruction from Brigadier Nyuswa to Warrant Officer Mpangase that the exhibits must be moved to Port Shepstone and armed escort arrangements were made by the Brigadier.

“...the Brigadier has instructed that these exhibits go to Port Shepstone ... The Brigadier has now arranged our tracking team to do an armed escort to Port Shepstone office.”

Colonel Jacob confirms he gave a direct instruction from Brigadier Nyuswa to Warrant Officer Mpangase for the movement of drugs to Port Shepstone, stating he is the Brigadier's subordinate and relayed the instruction accordingly.

“...I am relaying an instruction from my Commander. I am his Commander. It can be seen in that way...”

Colonel Jacob disagrees that Brigadier Nyuswa took the final decision, maintaining it was a direct instruction and that a Brigadier does not take final decisions from subordinates.

“It is unheard of that a Brigadier takes the final decision from a subordinate.”

There was an attempted break-in at the Port Shepstone facility to steal drugs, which caused concern and motivated the removal of drugs from the facility.

“Brigadier Nyuswa had to told me there is an attempted break-in at Port Shepstone . When I saw Warrant Officer Setshedi I relayed the exact same thing to him . Brigadier Nyuswa told me there is an attempted break-in at Port Shepstone that is why I am asking you about getting rid of these drugs .”

Colonel Jacob fully informed Provincial Commander Brigadier Nyuswa about the drug storage risk and the need to move the drugs.

“And my Provincial Commander was fully aware of the status of the location, as well as the fact that those drugs needed to be moved from there.”

Colonel Jacob says Brigadier Nyuswa and he were on the same page about the drugs needing to be destroyed.

“Yes, I cannot give you verbatim what I told him, but we were on the same page. These drugs need to go, they need to be destroyed.”

Colonel Jacob states he liaised with the Pretoria Lab personally but acknowledges a Brigadier at Pretoria is the decision-maker for disposal tasks.

“It took it upon myself to liaise with the lab in Pretoria, but now we have got a Provincial Commander whose duty it is, obviously a Brigadier's work ...”

No recorded communication exists between Colonel Jacob's team, Brigadier Nyuswa, General Senona, and national Pretoria FS lab requesting transport of exhibits for destruction or storage.

“We do not have any record of communication from your people, including you, Nyuswa, you and General Senona, we do not have any record of communication to the national, to Pretoria FS lab, requesting that these exhibits should be transported there...”

Colonel Jacob asserts that it is the duty of Brigadier Nyuswa, his immediate superior, to handle the crisis regarding the 541 kilograms of heroin requiring destruction.

“Brigadier Nyuswa, your immediate superior, who failed to escalate the matter and deal with it as a superior, including but not limited to bringing it to the attention of the DPCI national office that they have a crisis down in Durban regarding 541 kilograms of Heroin that needs to be destroyed, but there is no movement.”

Colonel Jacob explains that he first approached Brigadier Nyuswa for assistance on storage because he believed all other options were exhausted, though this was an assumption later conceded.

“We settled in the morning that when you approach Brigadier Nyuswa for storage, it was on the basis you had claimed that you had exhausted all avenues, right. We have established that actually you had not, you just made assumptions at the time. You conceded as much, correct?”

Colonel Jacob states that the decision to store the drugs in Port Shepstone was taken between General Senona and Brigadier Nyuswa, not by him.

“I think in a nutshell, I am trying to say, Commissioner, is that it was the decision to be stored in Port Shepstone was taken between the General, General Senona and Brigadier Nyuswa.”

Colonel Jacob asserts that normally the investigating officer is responsible for securing their exhibits, but in this exceptional case, finding alternative storage was a duty of his superior, Brigadier Nyuswa.

“Normally, yes. ... In this case, it was an exceptional circumstance, meaning it was out of the course of our ordinary line of work. I needed intervention from my Brigadier to find a spot. The Brigadier is the one who found a place in Port Shepstone.”

Colonel Jacob emphasizes that although he was the investigating officer, Brigadier Nyuswa was senior to him and responsible for deciding on a secure storage location amid an ongoing security threat including an attempted break-in.

“I am the investigating officer. He is senior to me. He chose a place. Now there is a security threat. There is an attempted break-in. The onus would fall on him, although I am the investigating officer, to find alternate storage.”

Colonel Jacob explains that Brigadier Nyuswa's involvement was to assist him in finding a place to store the exhibits when he ran out of options, not to take responsibility for the exhibits' security.

“His intervention is to assist you get a place, not to take responsibility. It is because you invited him to assist you find a place and he says they can go to Port Shepstone. That is all he does.”

The drugs were stored at Port Shepstone Serious Organized Crime Investigation Unit under the command of Lieutenant-Colonel Prinsloo, and Brigadier Nyuswa was responsible for the office location.

“The drugs were stored at Port Shepstone Serious Organized Crime Investigation Unit. There is a Unit Commander... Lieutenant-Colonel Prinsloo... falls squarely under the responsibility of Brigadier Nyuswa”

Decisions regarding movement or accommodation of exhibits at Port Shepstone had to be routed through Brigadier Nyuswa; Colonel Prinsloo followed his instructions.

“So even if I wanted to do anything with that location, it had to go via the Brigadier since it was his instruction. Colonel Prinsloo would only adhere to an instruction coming from Brigadier Nyuswa. It was not within my powers to make decisions regarding that without the intervention of the Brigadier.”

The location of the exhibits was chosen by Brigadier Nyuswa who was aware of the security threat; Colonel Jacob agreed with this decision and tried to engage the lab to get the exhibits moved.

“He is the senior person... He is a Brigadier. It was a place of his choosing. He is aware of the security threat... So the most I could do was to try and engage with the lab to try and get the ball rolling, to get it out of there...”

Colonel Jacob accepted that he held the position that when instructed by Brigadier Nyuswa to store the seized drugs at DPCI Port Shepstone, the Brigadier assumed full legal responsibility for them.

“That is correct”

Colonel Jacob admits that although he took responsibility for the drugs, he should have done more after an attempted break-in was reported on 27 October.

“I should have done so. It is a police culture. You very rarely question your superiors, but I should have done so”

Colonel Jacob engaged with Provincial Commander Brigadier Nyuswa about the transfer of Warrant Officer Sander and was informed that the transfer was due to allegations against the member and pending investigation with possible return if cleared.

“I did engage with Brigadier Nyuswa . . . Just to ask him what is going on you know , we heard this member is being temporarily placed at Support Services . And he informed us that there is allegations against him . Once the investigation is finalized , if he is cleared he will come back , but he is going to be moved there .”

Colonel Jacob said the transfer of Warrant Officer Sander was a directive, an instruction from higher command, not personal engagement or decision by General Senona alone.

“Yes , this was a directive . It was an instruction . Not an engagement . This is an instruction that you comply with , but I did engage with Brigadier Nyuswa , and he gave me the gist of it as to why this member is being moved .”

Brigadier Nyuswa was called to secure storage location for the drugs and arranged with General Senona for the exhibits to be stored at Port Shepstone's Serious Organized Crime Unit.

“I then called Brigadier Nyuswa and told him that I had exhausted all avenues and that he should secure a storage location for the drugs. After a while, he called me back saying that he had discussed with General Senona and that the exhibits should be stored at Port Shepstone's Serious Organized Crime Unit.”

In October 2021, Brigadier Nyuswa informed Colonel Jacob of an attempted break-in at the Port Shepstone office and instructed him to expedite investigations and analysis of exhibits for disposal.

“Sometime in October 2021, I was contacted by Brigadier Nyuswa, informing me that there was an attempted break-in at the Port Shepstone office, and that I should look into expediting investigations and the analysis of exhibits, so that exhibits could be disposed of.”

Colonel Jacob received an instruction from Brigadier Nyuswa regarding the directive for cocaine seizures to go to the DPP's office.

“I received an instruction from Brigadier Nyuswa regarding the same.”

On 8 November 2021, Brigadier Nyuswa informed of a theft of drugs at Port Shepstone, and Colonel Jacob was called to the scene with Captain Majola and others.

“On 8 November 2021, I was called by Brigadier Nyuswa, who informed me of the theft of drugs incident at Port Shepstone. I proceeded with Captain Majola to the scene. General Senona and Brigadier Nyuswa arrived a short while later. LCRC was in attendance, and Captain Majola and I canvassed the area for CCTV footage.”

The seizure of drugs on 22 June 2021 was never under suspicion until they were stolen; Colonel Jacob denied involvement in the decision to store the drugs at Port Shepstone Serious Organised Crime Investigation or knowledge the location was unsuitable, stating he followed a lawful instruction from Brigadier Nyuswa.

“The seizure of these drugs on 22nd of June 2021 was never under suspicion until they were stolen. I did not have any hand in the decision to store the drugs in Port Shepstone Serious Organised Crime Investigation. Neither did I know that the location was not suitable at the time. I followed an instruction that I deemed lawful when allowing the drugs to be stored there... from Brigadier Nyuswa.”

Colonel Jacob was officially on leave from 10 to 30 June 2021 but was called to attend the operation on 22 June 2021 after receiving information from Captain Duma and informing Mpangase, who was to brief Brigadier Nyuswa.

“I called Mpangase after the call from Captain Duma... He indicated that he would brief Brigadier, now you have clarified Nyuswa, accordingly. I asked him to inform the Brigadier that I was booking on duty to attend to the same...”

Colonel Jacob requested Warrant Officer Mpangase to inform Brigadier Nyuswa that he would book on duty for 22nd to attend an operation, which is acceptable to be done verbally in SAPS and DPCI.

“you asked Warrant Officer Mpangase had to inform him that you are booking on duty... request on your behalf from Brigadier Nyuswa that you be back on duty for the 22nd to attend to this operation”