Colonel Khuzwayo

Part of the money MR N K U was carrying was meant to reimburse Mr Khuzwayo for providing access to the tracking information.

“Part of the money that I was carrying was meant to reimburse Mr Khuzwayo for giving access to the tracking information”

Lieutenant Colonel Jacob encountered a problem when the Isipingo police station would not allow the exhibit to be stored, and after exhausting all avenues, Brigadier Nyuswa contacted the Forensic Science Laboratory to find storage space.

“Lieutenant Colonel Jacob called me and told me the team encountered a problem at Isipingo who would not allow the exhibit to be stored at Isipingo police station . He also told me that he had exhausted all avenues. I told him I will try to find spaces somewhere, and I will call him back. I contacted Brigadier Maluleka and Colonel Khuzwayo of the Forensic Science Laboratory... I asked her if FSL had the space to store the exhibit, and she said they did not.”

Colonel Jacob was actively involved in the matter even while on leave, contradicting any impression that Warrant Officer Mpangase was solely responsible during his absence.

“The rest is one quote.”

Colonel Jacob admits he never formally asked the lab at FS Amanzimtoti to destroy the held drug exhibits in writing; communication was informal with Colonel Khuzwayo by telephone.

“I did not do any formal written request, but with my engagements with Colonel Khuzwayo, she was aware...it was telephonic communications...it was all done over the phone.”

Samples suspected to be cocaine were forwarded to the Forensic Science Laboratory (FSL) for chemical analysis on instruction of Colonel Jacob who consulted Colonel Khuzwayo, Head of Chemistry at FSL.

“Since the FSL had no space for us to forward all of the exhibits, the next logical step to take was to forward samples to confirm indeed if what we had was Cocaine. I called Colonel Khuzwayo, who is the Head of Chemistry at the FSL in Amanzimtoti, and sought guidance in this regard.”

Colonel Jacob called the Head of Chemistry, Colonel Khuzwayo, on or about the 23rd of June 2021 to inquire about the procedure for taking samples, as the lab was not accepting the samples.

“I know I called Colonel Khuzwayo to ask advice seeing as how I knew that the lab was not accepting this, I just tried to get the ball rolling with regard to an analysis report. I did call her. She advised me how to take samples.”

Colonel Jacob instructed Warrant Officer Mpangase to take samples according to the guidance given by Colonel Khuzwayo around the 23rd of June 2021.

“I call Warrant Officer Mpangase directly afterward and advised him on exactly what Colonel Khuzwayo had said. And on my instruction, that is how he took, went about to obtain those samples in the manner in which Khuzwayo, Colonel Khuzwayo had guided me to do so.”

Colonel Jacob did not make a contemporaneous diary entry regarding his call to Colonel Khuzwayo on the 23rd of June because he was on leave and not in possession of the enquiry documents at the time.

“If I was in possession of that enquiry and still at the office like I went on leave, if I was still at the office and I called Colonel Khuzwayo, I would have had that enquiry in front of me, I would have diarized to date, time, the nature of my conversation with her as well.”

The knowledge that Warrant Officer Setshedi and Colonel Khuzwayo have about the samples being brought to the FSL only came after checking the system in preparation for the hearing, indicating they were not initially aware of the sample submissions.

“Wa... you know that the sample was brought but you only found out after the fact because you and your Colonel and Colonel Khuzwayo looked at the system in preparation for the hearing today.”

Colonel Jacobs states that due to no space at FSL to forward all exhibits, samples were taken from bricks and placed in a small bag to be conveyed to FSL for analysis.

“Since the FSL had no space for us to forward all the exhibits, the next logical step to take was to forward samples to confirm indeed that if what we had was Cocaine. I called Colonel Khuzwayo, who is the Head of Chemistry at the FSL Amanzimtoti and sought guidance in this regard. It involved taking samples from a few bricks and placing a minute amount of powder into a small exhibit bag meant to accommodate these samples. This would then be conveyed to the FSL for analysis.”

Colonel Khuzwayo requested the clan lab team members to assist Brigadier Nyuswa's team at Isipingo for a cocaine case and to guide them on how to sample.

“C o l o n e l K h u z w a y o , f r o m t h e m e m b e r , h e i n d i c a t e d t h a t C o l o n e l K h u z w a y o r e q u e s t e d m y c l a n l a b t e a m m e m b e r s t o g o a n d a s s i s t B r i g a d i e r N y u s w a ' s t e a m a t10 I s i p i n g o f o r a C o c a i n e c a s e , a n d t o g u i d e B r i g a d i e r N y u s w a 's t e a m o n h o w t o s a m p l e .”

At 8 am on 23 June 2021, while on vacation leave, Lieutenant Colonel Songca received telephone calls instructing clan lab team members to assist Brigadier Nyuswa's team at Isipingo on a cocaine case and to guide on sampling procedures.

“A n d o n t h a t d a y , i n t h e m o r n i n g , a r o u n d 8 o ' c l o c k , I r e c e i v e d a t e l e p h o n e c a l l f r o m o n e o f t h e t e a m m e m b e r s o n t h e c l a n l a b . T h e y a r e s t a n d b y d u t y m e m b e r s o f t w o m e m b e r s p e r t i m e . S o o n t h a t d a y , I r e c e i v e d a c a l l f r o m W a r r a n t O f f i c e r N k o s i , a n d h e i n f o r m e d m e t h a t h e h a s r e c e i v e d a c a l l f r o m C o l o n e l K h u z w a y o , w h o m I h a v e i d e n t i f i e d h e r a s m y d i r e c t C o m m a n d e r . C o l o n e l K h u z w a y o , f r o m t h e m e m b e r , h e i n d i c a t e d t h a t C o l o n e l K h u z w a y o r e q u e s t e d m y c l a n l a b t e a m m e m b e r s t o g o a n d a s s i s t B r i g a d i e r N y u s w a ' s t e a m a t10 I s i p i n g o f o r a C o c a i n e c a s e , a n d t o g u i d e B r i g a d i e r N y u s w a 's t e a m o n h o w t o s a m p l e .”

Colonel Khuzwayo requested LT-COL SONGCA's team to assist Brigadier Nyuswa's team to guide on how to sample a cocaine case at Isipingo and was informed that the clan lab team members cannot attend due to lack of training for sampling.

“She said to me, she request my team to go and assist Brigadier Nyuswa's team to guide them on how to sample a Cocaine case at Isipingo. I responded the same way I have responded to Brigadier Maluleke to Colonel Khuzwayo and explained to her why my members cannot attend”

Colonel Khuzwayo and Brigadier Maluleke requested assistance contrary to established sampling protocol which LT-COL SONGCA had to explain to them.

“This request from Colonel Khuzwayo and Brigadier Maluleke, does it mean they do not know this which you have had to explain to them?”

LT-COL SONGCA knew the assistance requested by Brigadier Nyuswa's team was related to a non-clan lab crime scene and therefore did not send her members out.

“From the information that I have requested from the three people that have communicated to me, because I even asked from Colonel Khuzwayo, what is there that the members, they are going to do? He said, they are just going to assist them and guide them on how to sample. Then I said, it is not within my restriction for my members to guide the investigating officer because they do not have the training for sampling”

LT-COL SONGCA explained if Colonel Khuzwayo had requested her clan lab members to actually go out and do sampling (not just guide), she would still not have sent members because she has to minimize members going out unnecessarily and would require detailed information and direct contact with investigating officer.

“If she indicates it is a clan lab, I further go in details because I have to minimise my members to go out where there is no need for that. I will request, because if they were phoning me in a state phone, I would request Colonel Khuzwayo to provide me the details of the investigating officer so that prior releasing my members, I contacted the investigating officer of the matter to find out the details of the actual area that is involved. This includes whereby they will even send me the photos and we can talk about the clan lab to see whether it fit in with the criteria”

LT-COL SONGCA has a direct contact with investigating officers to verify if the location meets the clan lab criteria before releasing members to attend a crime scene.

“Even if Colonel Khuzwayo can say it is a clan lab, I will request a further communication with that investigating officer before I release my members”

LT-COL SONGCA received a call from Colonel Khuzwayo a few minutes later, repeating the request, but she did not know if Colonel Khuzwayo knew about the earlier call by Brigadier Maluleke.

“You receive a few minutes later a call from Colonel Khuzwayo. Does she tell you why she is calling you with the same instruction? Did she know that Brigadier Maluleke had just called you? She did not indicate who called her. She just said, can my team members go and assist”

There was a WhatsApp message sent on 11 May 2026 relating to matters discussed involving Colonel Khuzwayo, which was no longer accessible during preparation.

“the message came on the 11th May 2026... now when we are preparing, I want this message, it is no longer there... But the contact that he sent the message with is still with him, my phone and it was a WhatsApp communication”

Colonel Khuzwayo initially was uncertain if the call he received in May 2022 was from Brigadier Maluleke but now recalls it was indeed him.

“That is correct.”

Brigadier Maluleke started calling Colonel Khuzwayo before going to Colonel Songa about the DPCI request.

“Yes, I think Brigadier Maluleke started to call me before he went to Colonel Songa.”

Colonel Khuzwayo never knew that Brigadier Maluleke had spoken to Colonel Songa prior to calling him.

“No, I did not even know that they have already spoke.”

Colonel Khuzwayo was not aware of the sequence of telephone calls between Brigadier Maluleke and Colonel Songa because he was phoning her at about the same time.

“I am not aware of the sequence of telephone calls because we were phoning her like it is about the same time.”

Colonel Khuzwayo received a call from Brigadier Maluleke on 23 June 2021 regarding whether DPCI members may attend a certain scene.

“He was asking me whether the members attend because he was getting a call from Brigadier Nyuswa for our members to attend.”

Colonel Khuzwayo initiated contact to inform Brigadier Maluleke that Colonel Songa agreed to the members attending the scene, but Brigadier Maluleke had not informed him of prior conversation with her.

“It is me who phoned him to inform him that Colonel Songa said this, so he said it is fine. But he did not say that he has already spoke to her.”

There was a discussion documented in an affidavit dated 9 November 2021 involving Colonel Jacob and Colonel Khuzwayo about instructions for taking samples of exhibits to forward to the Forensic Science Laboratory (FSL).

“The affidavit was deposed to by Colonel Jacob. The relevant part: 'The following day on the 23rd of June 021, he informed me... He also requested him to take samples of the exhibits to forward to the FSL ... This was done by Warrant Officer Mpangase on the 23rd of June 2021.'”

Colonel Khuzwayo denies ever speaking to Warrant Officer Mpangase about sampling of exhibits.

“No, I have never spoke to him about any sampling.”

Colonel Khuzwayo does not know about a conversation on 27 October 2021 involving Warrant Officer Setshedi as recounted in paragraph 14 of the document.

“this is where it all gets confusing. And then paragraph 14 is not really you, but here here counts what happened on the 27th of October 021 and his conversation with Warrant Officer Setshedi. You would not know anything about that ?”

Colonel Khuzwayo received a call on 22 June from a member of DPCI to get members ready for assistance at a crime scene the next day.

“Page 317 of 321 the 22nd of June , you received a call from Colonel Jacob or Brigadier Nyuswa telling you to get the members ready”

Colonel Khuzwayo cannot remember if it was Colonel Jacob or Brigadier Nyuswa who called him on 22 June.

“Yes , that is what I said , I cannot remember between the two who it is , but it was a member from DPCI”

Colonel Khuzwayo was told by Brigadier Maluleke on the following day that Brigadier Nyuswa wanted members to assist with sampling and guiding at the crime scene.

“that one was from the following day now , the second call where Brigadier Maluleke says Brigadier Nyuswa wants our members to go and assist in sampling and guiding and all those things”

On 22 June, a DPCI member calling Colonel Khuzwayo did not inform him that members would need guidance on sampling, only that FSL members were needed to be available for a crime scene.

“On the 22nd , the DPCI member that called you , either Brigadier Nyuswa or Colonel Jacob , does not tell you that they are going to need guidance on sampling . They just say they will need FSL members ... to be available , yes , for a crime scene”

Colonel Khuzwayo was not told on 23 June where the members would be needed to assist with sampling as details were to be obtained directly by the members from DPCI.

“No , they did not . They were not specific . I just called the members to tell them that the DPCI , they need them . I know that members , normally they communicate with them directly . So they were going to phone them to get all those details . So it was not for me to get those details for them .”

Colonel Khuzwayo could not remember if the crime scene was at Isipingo on 22 June but that may be the only information he has.

“I cannot remember . I cannot remember whether Isipingo was mentioned on that day ... maybe that is the only thing that I have , Isipingo”

Colonel Khuzwayo was not told on 3rd July by Brigadier Maluleke where the members would have to go.

“But when you get the call on the 3rd from Brigadier Maluleke , he does not say where the members would have to go”

Colonel Khuzwayo did not know that exhibits had gone to Port Shepstone already on 3rd July.

“And you do not know at that stage that the exhibits have gone to Port Shepstone already ? I did not know”

Colonel Khuzwayo did not speak to any DPCI members on 23 June; the only time he spoke to DPCI members was on 22 June to get members ready.

“On the 23rd , did you speak to any DPCI members ? No ... So the only time you spoke to DPCI members was on the 22nd of June”