Chief

Investigators do not have insight into section 27 referrals; they receive briefings from the Chief and trust the guidance provided at management level which authorizes proceeding with investigations.

“I have never received ... In all the investigations that I have conducted ... I have never had insight into the 27. From the briefing, we are getting a briefing. Because it is handled at management level and dealt with there, for us it is just the authorisation, proceed with your investigation.”

Rapetsu was junior to Colonel Padayachee and rendered assistance as directed but was given instructions by the Chief.

“I s he a junior to you? Yes. So for purpose of this particular investigation, he would have been somebody who is rendering assistance to you, and he executes such duties as you direct. Yes, but just to go back again, it is not me giving him directions and instructions. It is the Chief that gives the instructions as to what we have to do”

The Chief investigator provides instructions for necessary actions in the investigation, but routine or simple tasks may be directly directed by the lead investigator to assistants like Rapetsu without needing to go through the Chief each time.

“At the start of the investigation, remember there is a number of allegations. So the specific, like example, the dockets, now he has got that, but with the particular dockets that I am working with, if there is something I need in that, I would task him. It does not mean that I must go to the chief to tell him, he is working with me, we are together, and he is assisting on it, so I can say, you know what, do a section 28 there, or get me this, that. I do not mean that every time I need him or somebody else, it has to go through the chief. The chief is just there to brief on the different investigations, this is yours, yours, yours, you can do this, this, this, and it goes forward from there. And then obviously the feedback will go and the monitoring of the process will go back to him.”

General Madondo and other people are also involved in other docket cases, so the Chief handles those, while the witness's specific matter concerns a request for Mokwele and Lushaba.

“because General Madondo and the other people are also in other dockets, so the Chief handles that. But my specific one would be a request for Mokwele and Lushaba”

Colonel Padayachee identified the need to request employment history and related documents from BMW, and would have sought such information with the Chief present.

“I would have asked, okay, I want the employment, the history, everything from BMW. And it would also, the Chief would have been there with me while we discuss it and then I would have said it like that”

The 28(2) document is held by the Chief and contains the name of designated investigators involved in a particular investigation.

“Yes, it is a document that the chief has, where you see there is your name on that, that you are now designated on this investigation.”

There is a prescribed internal procedure to first approach Director Malatji for issues related to payment, before escalating to the Director of Finance or to Deputy Chief Dhlamini and the Chief.

“the correct procedure is to go to Director Malatji”

Deputy Chief Dhlamini clarified he does not play a controlling role in the appointment process; the panel is appointed by DC Bolhuis, Nadia, and the Chief, and he can only assist with inquiries.

“I do not appoint the panel, it is appointed by DC Bolhuis, Nadia and the Chief. I can only assist with enquiries.”

EMP members report visits from high-ranking officials such as Chief, Deputy Chief, or Director in their individual books and monthly submissions.

“they said the Chief for the Deputy Chief for the Director arrived at this time, visited us, they record on that... And when they submit their monthly what-what, they will also say that we are visited by this person.”

Mr Phiri was acting in a delegated capacity when Deputy Chief Spies was acting as Chief, signing documents with delegated authority.

“But even when they were signing, it was clear that even then he was still acting under delegation, that two-day extension that he received as the Chief.”

Commissioner Bolhuis did not respond to the March 12 email flurry as the issue was already escalated to Deputy Chief Spies, who was instructed by the Chief to address it, meaning it was overtaken by events.

“by the time I saw the flurry of emails, was already at a point where the Chief has already given instruction to Deputy Chief Spies to address the matter... I did not respond to the email... it was overtaken already by events”