Brigadier Nkhwashu met with Katiso towards the end of June 2024 after Fundiswa requested a meeting.
“My meetings with Katiso started towards the end of June 2024... Fundiswa gave me a call and requested a meeting with me and we made arrangements to meet and we finally met in Alberton in a restaurant.”
B R I G A D I E R N K H W A S H UDay 95 · 22 Apr 2026Refers to: June 2024Location: Alberton
Brigadier Nkhwashu gave Fundiswa guidance on dealing with the estate and recommended visiting the Master of High Court and getting a lawyer.
“I gave her guidance on how to deal with the estate with my little knowledge that she must visit the Master of High Court and where she is experiencing challenges, she must just get the services of a lawyer who will assist her further”
Fundiswa was unhappy that Brigadier Nkhwashu had never met her husband Katiso because of loyalty to Sazi and because he was angry at her marrying a married man.
“Fundiswa stated that she is not happy that I had never met her husband Katiso as she has a relationship with me and she would like me to meet her husband and I had my personal reasons, among others being my loyalty to Sazi, and the earlier reasons that I stated that I was angry for her to go marry a married man”
The meeting arranged between Brigadier Nkhwashu and Katiso in Alberton at the end of June 2024 was arranged by Fundiswa to facilitate introduction.
“Indeed, a meeting was arranged between Katiso and myself... It was arranged by Fundiswa, because she has the one who requested me to meet the husband and telling me that the husband wanted to meet me also... Fundiswa was there to introduce the husband...”
B R I G A D I E R N K H W A S H UDay 95 · 22 Apr 2026Refers to: End of June 2024Location: Alberton
Brigadier Nkhwashu and Katiso discussed general personal circumstances and Katiso mentioned involvement in various business interests including security sector, and suggested potential employment after Brigadier's retirement from SAPS.
“When I met Katiso, we conversed generally about our respective personal circumstances... He mentioned that he was involved in various business interests, including the security sector... He indicated that I was approaching retirement from the SAPS... he will want security forces to come and work there, so should I be interested when I retire I can just go into work with him in that space with my experience as a police officer... I accepted and then I said no, I will be interested, but we will talk, because there are processes to undergo.”
B R I G A D I E R N K H W A S H UDay 95 · 22 Apr 2026Refers to: End of June 2024
Meeting in Alberton attended by four people: Brigadier Nkhwashu, Fundiswa, Brigadier's 17-year-old nephew, and Fundiswa's husband Katiso, who was introduced then Fundiswa left them alone.
“In that meeting it was the only four of us and Fundiswa came with my nephew and then she introduced us and then after introducing us she left us, she left the two of us to talk man to man.”
Brigadier Nkhwashu was approached at the meeting end about a friend of Katiso who had been arrested and needed to know if state would oppose bail; Brigadier refused to discuss work related cases with Katiso.
“Katiso who I am now knowing as my brother-in-law, now calling him Boet K, he told me that a friend of his had been arrested and he needed to know if the state will oppose bail as he wanted to pay the bail money for his friend... I just stopped him and say 'Swear, me I do not talk work related cases with anyone, not even my wife... '”
Brigadier Nkhwashu denied discussing the arrested friend case with Katiso as it involved his own case and he considered it improper to talk about it.
“I was not thinking of anything big, but I was just thinking that... if you are coming to talk about the case that I am involved... where your friend was arrested and was arrested by me and you need some bail, I do not talk about that.”
Brigadier Nkhwashu discussed a social gathering with police officers including Sergeant Lebogang Tshukudu, where they talked about escorting suspects, including a police officer suspect named Michael Pule Tau.
“After that meeting, Fundiswa contacted me to enquire how the meeting had gone. I informed her ... The gathering was attended mainly by the police officers ... including Sergeant Lebogang Tshukudu ... Tshukudu and I have been friends since around 2017 ... During the stock fair, Sergeant Tshukudu and the colleagues mentioned that they were ... escorting suspects ... Amongst the suspects that they were escorting, there was a police officer suspect ... Michael Pule Tau”
Brigadier Nkhwashu made a connection that the bail application discussed was related to Michael Pule Tau, due to a request involving his brother-in-law Katiso seeking assistance with the bail of a friend.
“As the conversation went on, it triggered my mind that they are talking about the case that my brother-in-law, Katiso, was intending to lure me to assist him in the bail of this particular person ... this Pule Tau was going for bail application ... I put the puzzle together that this is where Katiso was coming to”
Brigadier Nkhwashu states he never asked Sergeant Tshukudu to approach Witness B or convey any message about Tau's bail application and denies improper interference in the bail proceedings of Tau.
“I never asked Tshukudu to do so ... I never asked Tshukudu to convey any message to Witness B ... I deny that I attempted to interfere improperly in the bail proceedings of Tau ... I specifically deny that I instructed or requested or authorized Sergeant Tshukudu to contact Witness B or any other person regarding Tau's bail ... I did not ask Tshukudu to find out whether the state will oppose bail ... I did not ask him to plead for bail ... I did not ask him to pass any thank you message to Witness B after Tau was granted bail”
Brigadier Nkhwashu acknowledges he mentioned his conversation with Katiso to Tshukudu in a social gathering, emphasizing it was a general comment and he does not discuss work with strangers.
“I acknowledge that I mentioned my conversation with Katiso to Tshukudu in a social gathering ... I do not discuss work with people that I do not know ... The person that I have just met now then is talking about cases and that is unethical for me ... I dismissed him”
Brigadier Nkhwashu says it would be unusual and improper for him to send a sergeant to another sergeant to request bail assistance, given his 26 years as a detective investigating officer and commander.
“I have had 26 years as a Detective Investigating Officer and a Commander, not to know how bail is granted ... I would not have sent a Sergeant to go and talk to a Sergeant to request for bail or ask anything about a case or bail ... I find it very sinister that I will send, at my level, a Sergeant to go and talk to another Sergeant looking for a bail ...”
Brigadier Nkhwashu confirmed the instruction to transfer the docket was given in writing via an email to all District Commissioners after being orally given at the top management meeting of the province.
“the instruction...was in writing...given at the top management meeting...and...distributed...via email to all District Commissioners”
Brigadier Nkhwashu was the Acting District Commissioner and made the sole decision to transfer the docket of the Armand Swart murder to the Provincial Head Office.
“I was the Acting District Commissioner, and the decision to transfer this docket was solely on my shoulders”
The custodian of a case docket is typically the area where the initial crime occurred, and investigations within a jurisdiction are normally carried out by officers from that jurisdiction unless given a mandate to external units such as the Independent Police Investigative Directorate or the Organized Crime unit.
“the custodian of a case docket is the area where the crime took place...all cases within my jurisdiction will be investigated within my jurisdiction unless there is a mandate given to external units such as the Independent Police Investigative Directorate and the Organized Crime unit”
The process for docket flow involves assigning a serial case number at the police station, registering the case at the Community Service Centre, and then assigning it to a detective component; the Detective Commander, usually of Colonel rank, signs for the docket and assigns it to an Investigating Officer.
“The docket flow...will get a serial number...registered and assigned to the detective component...The Commander...sign for that particular docket and...assign that particular docket for investigation to an Investigating Officer”
Suspects related to a docket may be arrested outside the jurisdiction of the initial investigating officer, and an authorization for the docket transfer is then given to the unit with the mandate to investigate.
“when the suspects were arrested, they were arrested outside my jurisdiction ... the Investigating Officer told me they want to request that they sign for the docket because they have established ... this falls within their mandate”
On 6 December 2024, Brigadier Nkhwashu learned from Fundiswa that Katiso had been arrested but did not know the charges; Katiso appeared in court on 9 December 2024.
“On 6 December 2024, I learned from Fundiswa that Katiso had been arrested ... On 9 December 2024, Katiso appeared in Vereeniging Magistrate Court”
Brigadier Nkhwashu denies allegations of removing vehicle number plate to conceal identity when visiting Groenpunt Prison.
“I deny these allegations because it did not happen. I could not conceal my identity after having spoken to the area commissioner and identified myself... When I arrived at the gate to the officials there, I also identified myself”
Brigadier Nkhwashu says his car was new and had a temporary permit, not formal registration plates, issued by Omar's Motors dealership in Meyerton, Vereeniging.
“The truth is that my car was new at the time and had not yet been issued with a formal registration plate. It was fitted with a temporary permit... issued from the dealership where I bought this particular vehicle, which is Omar's Motors, Meyerton, Vereeniging”
Brigadier Nkhwashu denies wrongdoing and misconduct allegations and states his career has been dedicated to SAPS with integrity.
“I deny that I have aided or abetted any criminal activity or failed to act on credible intelligence or internal warnings or benefited financially or politically from any criminal syndicate. I did not. I have dedicated my career to the South African Police Service and acted with integrity. I am being prejudiced by allegations that are vague and not yet tested”
Brigadier Nkhwashu denies any wrongdoing related to the allegations and is willing to cooperate with the Commission's enquiries subject to fair process rights.
“I deny any wrongdoing whatsoever in this regard. I am willing to cooperate with the Commission's legitimate enquiries to the extent that such cooperation does not infringe upon my right to a fair process and my right against self-incrimination. I request that the Commission make a finding that there is no basis for the allegations made against me and that the SAPS immediately withdraw my suspension proceedings against me because I am not the criminal that the media suggests”
Brigadier Nkhwashu acknowledges a second visit to Groenpunt Prison in or about February 2025 but previously omitted to mention it due to pressure from summons and evidence focusing only on December visit.
“I failed to mention a second visit that took place in or about February 2025. I acknowledge that this was an omission... The pressure that I was subjected to. The summons and the evidence presented to the Commission focused exclusively on the visit during December”
Brigadier Nkhwashu was upset and disappointed that Fundiswa was marrying someone who was already married, and communication between them stopped as a result.
“you were angry , you were upset that she was marrying somebody who was already married . And you wanted nothing to do with that . So , I am assuming because of that , I will call it disappointment , I will not say anger . That disappointment , there was no communication between you and her after that”
Brigadier Nkhwashu recalls being told that Fundiswa was married to the man she was allegedly marrying and that she was staying in Durban, suggesting he might have spoken to her but did not hear she was married.
“I remember knowing that I remember having been told that Fundiswa was married to that guy that you were talking about . And she is staying in Durban . So that could meant that , although I do not have a good recollection , but that could meant that I might have spoken to her , but I did not hear , what I could remember is that I did not hear from her that she was married to that guy”
Between 2014 and 2024, Fundiswa was being chased around Gauteng for unknown reasons which prompted her to move to Durban, including an incident of house robbery which involved changes of residence.
“between 2014 and 2024 , much as I do not remember how many calls we had , I remember that there was a moment when she was being chased around when she was in Gauteng . Which is what I thought , that is what prompted her to move to Durban . Because there were people chasing her around for what we did not know . Because at some stages she was - there was a house robbery and I was called and she moved from Meadowlands to Roodepoort sometime and then she moved from Roodepoort to Fourways and during that time I was on the case of trying to assist in protecting her”
Between 2014 and 2024, Fundiswa contacted Brigadier Nkhwashu requesting a meeting, coming from Durban specifically to meet him.
“those few calls that happened in between 2014 and 2024 , you then get a calls saying she is requesting to meet , correct ? ... And for this meeting she comes from Durban .”
ADV POOE and BRIGADIER NKHWASHUDay 95 · 22 Apr 2026Refers to: 2014-2024Location: Durban
Fundiswa asked Brigadier Nkhwashu for assistance regarding her deceased family estate, including siblings.
“she asks you about assistance in relation to her family estate , her deceased family estate . So , at this point , does that include no while siblings , or was this in relation to her mother ? ... Also including the siblings , because she said , I remember when we were talking about not being wanting to narrate too much and disclose certain hidden things , talk about the estate of the brother”
Fundiswa had a conversation with Brigadier Nkhwashu about meeting Mr Molefe, whom Brigadier Nkhwashu had only heard about in 2005 and never met before 2024.
“you say that in this meeting she then had a conversation with you about meeting Mr Molefe . ... Now , when this happens , you had not met Mr Molefe at all . And , in fact , on your version , you had only heard about him in 2005 .”
Brigadier Nkhwashu was asked by Fundiswa why her husband wanted to meet him; Fundiswa said it was not good that they did not know each other and that her husband was willing to meet him.
“I asked her , why does your husband want to meet me ? She say , it is not good that you guys do not know one another . Yet , me , I communicate with you now and then . And now , my husband is more than willing to meet you . And I want , me as Fundiswa , I want you to meet my husband”
Brigadier Nkhwashu found the request to meet Mr Molefe strange given that the couple married in 2021 but the request came in 2024; he conveyed this feeling to Fundiswa.
“did you find it at all strange that this request was coming in 2024 when they got married in 2021 and you started knowing of him and his intention to marry in 2005 ? ... Of course , Advocate , I find it strange . ... Yes , of course . As we were discussing , I asked politely ... I said , oh , okay . It is fine .”
Brigadier Nkhwashu stated that Mr Molefe was married but divorcing his wife, which was the reason he was no longer considered a married man, which made Brigadier Nkhwashu willing to meet him.
“Is he no longer married ? No , no , no , he is divorcing with his wife . So , he will come and confirm it to you . So , he is no longer a married man . So , I said , oh , okay . It is fine .”
Brigadier Nkhwashu knew Mr Molefe only as a businessman and had never checked or asked about him prior to the meeting.
“outside of what you know of him , which is he is a businessman and he was married , did you know anything else about Mr Molefe ? ... And had you checked on Mr Molefe , who he is ? ... Or asked anyone about him ? ... No , no , not at that stage”
During the meeting with Mr Molefe, the conversation was very general and included his business interests and the security sector.
“the two of you , you say , talked on very general terms , you say ? ... Including that he told you about his various business interests and the security sector .”
Mr Molefe discussed with Brigadier Nkhwashu a tender for security services at Machabeng, potentially involving Brigadier Nkhwashu after retirement.
“he told you about this various business interests and the security sector . ... He had a tender . I think you said Machabeng . ... It is a multi-billion tender , and I am needing three security companies to be in this particular area . And as you say , you are nearing retirement . I think it can assist you in your retirement , if you choose to .”
Brigadier Nkhwashu was still cautious and wary about the meeting with Mr Molefe despite the tender opportunity presented.
“I was still cagey as to exactly why did he want to come and meet me . Because he was just telling me , introducing himself , telling me his upbringings , going to school , and he is a businessman ...”
Brigadier Nkhwashu did not convey any discomfort experienced in his meeting with Mr Molefe to Ms Nyangule at the time, but only at a later stage after the Stokvel meeting.
“No. I did not at that time, Advocate, but at a later stage.”
The Stokvel is not a police stokvel but is mainly composed of police officers with some civilians.
“It is not a police stokvel, Commissioners. However, the members of that stokvel is mainly police officers. And, of course, there will be two or three other civilians. But, in majority, we will be sitting in places where, or should I say, me, myself, I will be sitting surrounded by the police members.”
Brigadier Nkhwashu has had a good friendship with Sergeant Tshukudu since 2017 but was not his supervisor and only knew him as an officer in a different unit.
“... you just deal briefly with your relationship with Sergeant Tshukudu and you say that you have been good friends since 2017... And has he ever worked under you? No, Commissioners. So you have only ever known him as an officer in a different unit? Correct, Commissioners.”
Brigadier Nkhwashu engages professionally with Sergeant Tshukudu, sharing information and assisting each other with police work, including tracing wanted suspects.
“... we will sometimes be looking for these Organised Crime syndicates, and those were taxi-related. Now, I will check with them to say, do you not have leads towards these people that we are looking for? And we will share information if they have and if they do not have...”
Brigadier Nkhwashu sometimes asks Sergeant Tshukudu for informal favours such as checking if suspects are in certain areas and arranging their arrests, but does not make formal requests.
“... I may be asking him to check information on the suspect that we are looking for, or I send them the suspect in this particular place ... please see if you can arrest this particular suspect ... I should think those are favours... If I talk to him personally or talk to other colleagues personally, verbally or telephonically, it will be an informal one, which is then a request...”
Brigadier Nkhwashu clarifies that informal requests to Sergeant Tshukudu are not direct commands because Sergeant Tshukudu is not under his direct supervision and would only take instructions from his own commanders.
“If I will be phoning from my work office and request that kind of favour ... it will be a request because he is not serving under my direct supervision and they can only take instructions from the direct lineage command. And if I have to give an instruction ... I will do it in writing and communicating with his or their commanders...”
Brigadier Nkhwashu and others had a conversation about suspects being escorted, involving Sergeant Tshukudu and other members, but he is hesitant to mention names in public due to fear of implication.
“I do not have a problem myself. However, you know, when you start mentioning Madlanga Commission, no one will want this name to be mentioned because people have a fear of being implicated...”
Brigadier Nkhwashu confirms the presence of Sergeant Tshukudu and others during conversations about escorting suspects, and confirms those others were from his jurisdiction.
“... this conversation was had in the presence of Sergeant Tshukudu and others... No, you are quite correct, Advocate.”
Brigadier Nkhwashu states that colleagues and friends accompanied Sergeant Tshukudu, including Warrant Officer Rikhotso and Lt-Col Khalo, but they were not the ones escorting suspects to the jurisdiction.
“Among them, I remember there is Warrant Officer Rikhotso, and there is Lt-Col Khalo ... Those were the people that we often meet in the stokvel, and they were there in that stokvel.”
Brigadier Nkhwashu recalls a conversation involving bail for an unnamed friend overheard by Warrant Officer Vhelaphi, whom he identifies as Rikhotso.
“I recall my earlier conversation with Katiso in which he had asked about bail to an unnamed friend ... As I have understood you, it was Warrant Officer Vhelaphi that I can recall off heart.”
Warrant Officer Rikhotso and Lt-Col Khalo were present at the stokvel with Sergeant Tshukudu, they were not escorting suspects but were present during the conversations.
“So it was Warrant Officer Rikhotso and Lt-Col Khalo as well as Sergeant Tshukudu at the stokvel, yes.”
Brigadier Nkhwashu was triggered to recall a conversation with Mr Molefe regarding bail because police officer Michael Tau was involved as a suspect being escorted.
“What triggered my recollection about that is when they said we were escorting this suspect where specifically this police officer, Michael Tau, is involved and is one of the suspects.”
Brigadier Nkhwashu confirms his involvement in the coordination started early after a shooting incident involving Armand Swart.
“When the shooting of Armand Swart took place, the members, including the colonel that I spoke about, attended the crime scene. And as an Acting District Commissioner, they had to report to me that incident because it is a serious incident.”
Gauteng Organized Crime was called in by Brigadier Nkhwashu by instruction after the shooting incident to assist in the arrest process in a joint operation.
“It was my instruction. Exactly, Advocate. After the incident, yes, Advocate. So, you coordinated – after the incident, you coordinated the arrest of the suspect. It was a joint operation, and you issued the instruction for Gauteng Organised Crime to be called in.”
Brigadier Nkhwashu acknowledged his brother-in-law recently asked him whether the state was going to oppose bail in a certain case, linking this to a conversation involving Mr Molefe.
“you then say to them, my brother-in-law asked me whether the state is going to oppose bail, right?”
Brigadier Nkhwashu expressed discomfort with Mr Molefe approaching him about job opportunities and bail issues linked to his brother-in-law.
“you confirmed to Commissioner Baloyi that ultimately you thought this was the nub of Mr Molefe's meeting with you... you were also uncomfortable with this.”
Brigadier Nkhwashu raised the issue of his brother-in-law asking about bail during a discussion with officers escorting suspects, not because he intended to discuss it but it came to his mind passively.
“I just quickly touched on it. It just came to my mind during that time... I did not think twice about it, as to whether I should talk about it or not, but I just quickly touched on it.”
Commissioner Baloyi pointed out that Brigadier Nkhwashu's account of meeting Mr Molefe was incomplete without knowing the identity of the person arrested and case details, indicating a missing link in the narrative.
“It has to be that when Mr Molefe met with you, he did mention who the person was, what the case was about... Otherwise this account has got holes... There is something that is missing in your account, especially of the discussion with Mr Molefe.”
Commissioner Baloyi emphasizes the importance that Michael Tau was specifically mentioned in conversations linking Mr Molefe and Brigadier Nkhwashu, or the context does not make sense.
“Michael Tau... you do not get triggered in a vacuum... Otherwise this account has got holes...”
Brigadier Nkhwashu acknowledges the puzzle of how Michael Pule Tau, a friend of Mr Molefe and involved in the Armand Swart case, was arrested and why his name came up in discussions relating to bail and job opportunities.
“This friend of mine... happened to be Michael Pule Tau... arrested with Katiso... really agree with you the way you perceive it.”
Commissioner Baloyi struggles to understand Brigadier Nkhwashu's account connecting Michael Tau and Mr Molefe without explicit linking details, making the narrative incomplete.
“I am struggling with the account... How you get to connect the two...”
Commissioner Baloyi highlights missing specifics about the arrested suspect being a police officer and the relation to the Armand Swart case as gaps in Brigadier Nkhwashu's account.
“if he does not mention a connection to Molefe, who is your brother-in-law, or if he does not say the suspect is connected to Molefe, or that it has to do with the Armand Swart case...there is just missing information that makes your account incomplete.”
Brigadier Nkhwashu discussed a murder case in Vereeniging involving a police officer arrested in that case and stated the investigating officer is Witness B.
“Brigadier Nkhwashu mentioned of a murder case that happened in Vereeniging, and the case is with our unit...the investigating officer of the case is Witness B”
Brigadier Nkhwashu stated that Witness B opposed bail for the accused person Pule Tau, and that his brother-in-law was willing to pay the bail.
“Witness B informed me that she was opposing bail. I then returned and informed Brigadier Nkhwashu that the state is opposing bail... Brigadier Nkhwashu's brother-in-law was willing to pay the bail for the accused person, Pule Tau.”
There are marked differences between Brigadier Nkhwashu's statement and the other person's description of events concerning what was communicated about the bail and case details.
“there is a number of marked differences between the version that you have put down in your statement and his description of what happens. Correct? ... Correct, Advocate.”
Brigadier Nkhwashu partially denies some of the differences claimed regarding his communication about the bail but admits he did not mention his brother-in-law's name and discussed the case via WhatsApp group.
“I will partially not accept that... I have not mentioned the name of my brother-in-law... I told him that I know of the case. In one of our SAPS WhatsApp groups, there was an article regarding that case... a police officer was arrested.”
Sergeant Tshukudu's statement mentions that Brigadier Nkhwashu raised the issue of the Vereeniging murder investigation, which Brigadier Nkhwashu denies.
“Sergeant Tshukudu says you are the one that raised the issue related to the Vereeniging murder investigation. Can you see that? ... Yes, Advocate. ... I deny that you were the first one.”
Brigadier Nkhwashu knew the murder case was in the Provincial Organised Crime unit because he authorised transfer of the docket there after the scene was finalised.
“I knew this because when the scene was finalised, they requested this office, which is Organised Crime, requested the docket... I authorised the transfer of the docket to the same unit.”
Sergeant Tshukudu claims Brigadier Nkhwashu knew about the case from SAPS WhatsApp groups, a claim Brigadier Nkhwashu denies.
“Sergeant Tshukudu says he knows about this case because it was reported in one of the SAPS WhatsApp groups. Do you recall him saying this to you? ... I do not recall... I deny it flatly.”
Brigadier Nkhwashu says the conversation at the drinking place was informal and that Sergeant Tshukudu was not part of the escorting team but his colleagues were, who started the conversation about the case.
“this conversation was not of a formal nature... I have learned that Sergeant Tshukudu was not part of the escorting team, but Warrant Officer Rikhotso and them... they were part and started this conversation...”
A major difference exists between Sergeant Tshukudu's statement and Brigadier Nkhwashu's regarding when the conversation about bail occurred relative to when Tau was escorted.
“To me, a major difference, and this is a material difference between Sergeant Tshukudu's statement and your statement, is that in paragraph 3 of Sergeant Tshukudu's statement, this conversation happened before Tau was escorted to his bail hearing.”
Brigadier Nkhwashu disputes Sergeant Tshukudu's version that the docket left without an investigating officer; Brigadier Nkhwashu did not know who the investigating officer was and wouldn't have told Sergeant Tshukudu.
“for me it does not make sense that the docket left my district without an investigating officer. How had I known that this docket is assigned to this investigating officer ?”
Brigadier Nkhwashu met Witness B on his return to work and discussed the Vereeniging murder case, confirming he already knew about the case.
“I then told Brigadier Nkhwashu that when I see Witness B, I will ask her if the state will oppose bail ... I met Witness B and I told her that I saw an article in Vereeniging murder case ... he already knew about this case”
Brigadier Nkhwashu insists he is telling the truth about the escort for bail being not the first time and started from arrest to prison and court, not on one day.
“I am telling the truth. ... this escort which was made that we were talking to was not for the first time ... the escort started from the time when they were arrested and they were escorted to my area and then to court ... they did not go on one day for the bail application.”
Brigadier Nkhwashu says the conversation about bail was not started by him and during the conversation, Sergeant Tshukudu acknowledged using Brigadier Nkhwashu's state vehicle.
“the day we met, definitely I want to say that this conversation was not started by me ... during the conversation, he acknowledged Sergeant Tshukudu that yes, they were using my state vehicle.”
Between June 2024 and the discussion with Sergeant Tshukudu, there were more than two escorts of Officer Tau arranged by Brigadier Nkhwashu's TRT (Technical Response Team).
“it was more than two escorts because I was the one who was arranging the TRT, the Technical Response Team, to accompany them ... it happened more than two times.”
Brigadier Nkhwashu confirms he did not check the docket system since it was placed with Gauteng Organised Crime and did not know who the investigating officer was.
“since the docket was placed with Gauteng Organised Crime, you have never checked the system ... I never checked the system ... I did not know, and I had no reason.”
Although the docket has been transferred to the Organised Crime Unit, it still remains the responsibility (docket) of Brigadier Nkhwashu's station (Vereeniging), allowing him certain system access and accountability.
“the docket... remains the station of origin... the accountability of the commanders in Vereeniging... it remains your docket”
Brigadier Nkhwashu states that while he can log into the system to see docket status updates, he cannot access the real contents of the investigation or attached statements.
“You will be able to see the status update... But the real contents of the investigation, you will never be able to access”
Brigadier Nkhwashu explains that once a complaint file is opened at his station, he can assign an investigating officer and follow up on progress, even if the docket is investigated outside his station.
“When you open a file... you assign an investigating officer and say to the investigating officer of the complaint now... The investigating officer... will go to the investigating officer concerned and ask that particular investigating officer why you are not giving progress to the complainant”
Brigadier Nkhwashu confirms that the transfer of the docket to Organised Crime Unit does not preclude him from phoning or asking about the investigating officer or the status of the matter.
“Does it mean you are precluded in the way things work? Are you precluded from asking who is the investigating officer in this matter... ? No, not precluded”
Brigadier Nkhwashu admits he informed Sergeant Tshukudu that his brother-in-law knows the arrested person and wants to know if the state would oppose bail.
“you informed Sergeant Tshukudu that your brother-in-law... knows the arrested person and wants to know if the state would oppose bail”
Brigadier Nkhwashu denies telling Sergeant Tshukudu or Witness B that his brother-in-law wanted to know if the state is opposing bail, or the bail amount and willingness to pay bail.
“I deny... that your brother-in-law wanted to know if the state is opposing bail or how much would be the bail and further, that your brother-in-law was willing to pay the bail of the accused”
Brigadier Nkhwashu agrees with Chairperson's view about the bail process but says he cannot be certain if an investigating officer could be influenced, and he personally would not ask about bail amounts as it does not suit his profile.
“I will be out of my mind in the absence of the relevant term... to suggest the investigating officer will know, even if she could have an influence towards the granting of bail... But to an extent that I go and say go and ask how much will be the bail is really unforeseen of a person at my level, Commissioner. It does not suit my profile”
The investigating officer can have influence in assisting the granting of bail, but would have known if intending to assist family in bail because they would have informed from the onset.
“the investigating officer can have an influence, can have a way to be assisting in the granting of the bail and so forth. However, Commissioner, I would have known if I intended to assist my brother-in-law with this bail. I would have told him from the onset that even if bail is not going to be opposed, we will not be in a position to know when the bail is granted, how much will it be.”
Sergeant Tshukudu made an inquiry about bail proceedings from Witness B on behalf of Brigadier Nkhwashu's brother-in-law, despite Brigadier Nkhwashu's stated reluctance to involve others in his work or discuss his cases.
“Sgt Tshukudu would still have gone ahead and made this enquiry from Witness B”
Brigadier Nkhwashu acknowledges that Sergeant Tshukudu might have been trying to do him a favour, potentially overstepping boundaries of discussion about cases.
“he could have done that by thinking that he is doing me a favour”
Brigadier Nkhwashu denies giving Sergeant Tshukudu a direct instruction to inquire about bail matters, but admits there was a discussion about the brother-in-law wanting to know if the state would oppose bail.
“I do not think I could have gone so far ... to say I instruct you to go and do this and this and this”
Brigadier Nkhwashu confirms it is likely he discussed bail with Mr Molefe more extensively than publicly acknowledged and had a social conversation which may have been misunderstood.
“I do not deny 100% that I could have said more to what is captured but I really do not remember”
It is probable that Brigadier Nkhwashu told Sergeant Tshukudu that his brother-in-law wanted information about whether the state would oppose bail for an arrested person, leading Sgt Tshukudu to seek that information from Witness B independently.
“if you told or asked or hinted to Sergeant Tshukudu to get information about the bail proceedings from Witness B... it is no" always true that we would only attain that information by checking your record”
Brigadier Nkhwashu admits he may not have been sufficiently assertive in expressing reluctance to engage in matters beyond his remit, which could have led Sergeant Tshukudu to assume he could act on his behalf.
Brigadier Nkhwashu describes a mutual exchange of favours with Sergeant Tshukudu and acknowledges a close personal and professional relationship, including familial connection as brother-in-law.
“he is my long-time friend ... he is my brother-in-law, but I stopped him in his tracks ... I am doing him favours, be it official or otherwise, and he is doing me favours”
Advocate Pooe suggests it is probable that Brigadier Nkhwashu discussed more with Mr Molefe about the bail matter than he has revealed, likely involving requesting or hinting to Sergeant Tshukudu to get information from Witness B.
“it is more probable that you discussed far more with Mr Molefe about this matter than you care to tell us”
Brigadier Nkhwashu says he had a sequence of conversations with Sergeant Tshukudu before and after the bail was opposed and granted regarding Warrant Officer Tau, indicating different feedback at different stages.
“During those sequence of events, Tshukudu is alleging that he came and updated me. And now, the first update was that, according to Tshukudu, Witness B said she is not able to assist me or my brother-in-law in not opposing bail.”
Brigadier Nkhwashu acknowledges that bail was opposed at the first court appearance as it was a Schedule 6 offence, and he knew this fact.
“So in the first appearance , obviously it is a schedule 6 offence. The bail was opposed. The bail should be opposed and it was opposed, and definitely I know that.”
Brigadier Nkhwashu never made a demand for the Armand Swart murder docket; he was acting on instruction to collect all dockets with J51s of arrest and submit them to Maj-Gen Mbuso Khumalo.
“Brigadier, you mentioned there that you never made a demand for the docket. Instead, at the time, you were acting on instruction from the Provincial Commissioner to collect all dockets that had J51s of arrest and submit them to the Deputy Provincial Commissioner, Crime Detection, Maj-Gen Mbuso Khumalo”
An email was sent to all the districts explaining the request for copies of J50 warrants of arrest related to the Premier's Wanted Suspects Project, with Brigadier Nkhwashu as a recipient.
“So if you have regards to the bottom of page 27, you will see there all of the district people that were contacted. Can you see that ? ... And you will see on page 28 that you are one of the recipients ... its says request for copies of J 50 warrants of arrest , Premier's Wanted Persons Project ...”
Brigadier Nkhwashu explains that a task team usually has several investigating officers assigned to dockets and may reassign dockets after assessing progress, implying that oversight by General Khumalo would not halt all other investigations.
“usually when a task team is formed to give attention to these cases, they have a number of investigating officers... they may return the docket with instructions... it does not take time on other matters”
Brigadier Nkhwashu agrees the email requests copies of the warrant of arrest, but argues normally full dockets with warrants are also sent and dockets returned after copies requested.
“we always send dockets... even though the subject matter would be saying copies of the J50 warrant of arrest... we never sent these dockets when the copies were requested and the dockets were returned and they said they only needed the copies”
Brigadier Nkhwashu acknowledges the warrant of arrest copies requested by email but says investigations typically continue based on dockets plus warrants and assignments within task teams; thus reading the email as requesting full dockets is a misunderstanding.
“I understand what you are saying and... the email was talking to the copies of the warrant of arrest... however, we normally send the dockets with the warrant of arrest... when a task team is established... they reassigned the docket to task team members”
Brigadier Nkhwashu states that by March 2025 he was personally involved in the docket process despite his brother-in-law being a suspect in the related case, because at that time the brother-in-law was not a suspect and the J50 warrant of arrest related to his nephew.
“why do you still involve yourself... knowing very well that the suspect in this case is your brother-in-law?... my brother-in-law was not a suspect in that case... the J50 warrant of arrest was for... his nephew”
Brigadier Nkhwashu was not aware at the time of instructions that the docket related specifically to Katisho Molefe's murder case, and only realized this after some conversations, leading to his recusal from the matter.
“I was not aware, Commissioner, that this docket is the docket pertaining to Katisho Molefe ... after the first conversation, I realised thereafter that ... this case is talking to the Molefe ... then I started to realise, then I recused myself.”
Advocate Khumalo challenges the credibility of Brigadier Nkhwashu's claim of ignorance about the docket's association with Molefe's murder, suggesting Nkhwashu should have known since 2024 due to docket transfers and suspect arrests.
“I find that difficult to believe because you knew in 2024 already that a murder docket from Sedibeng had been transferred to Organised Crime and that some of the suspects had not been arrested ... You must have known which docket you were looking for.”
Copies of dockets were requested and distributed by Brigadier Nkhwashu after instructions from the province, but he did not know the specific case numbers or the details of the dockets at the time.
“I did not know the case number by heart. And when this list of dockets were sent, I just saw a list of dockets and I started distributing instructions to the immediate commanders ...”
Witness B complied with the request for a copy of the J50 warrant by 8 April 2025, and Brigadier Nkhwashu reached out to Col Grundling on 16 April 2025 regarding the submission and docket matters.
“So Witness B complying with the request for a copy ... this was done by the 8th of April 2025 ... you then give, you reach out to, was it Colonel Grundling on the 16th of April ... received a request from you on the 16th of April 2025.”
Despite Witness B already providing copies and the docket being overseen provincially, Brigadier Nkhwashu still tried to get the docket on 16 April 2025, raising questions about the necessity of this request.
“The fact that Witness B had already provided the copy, moreover, the docket was already being overseen at the provincial office.”
Brigadier Nkhwashu was informed by an informer in Crime Intelligence that his name was being mentioned in connection with the Katiso/Tau matter around Dec-Feb period, but he did not investigate or verify this information.
“My informer happened to be an informer of crime intelligence that I know for a fact. Now, when he told me, he said, I overheard those people at the crime intelligence saying that you are under investigation on the Katiso matter.”
Brigadier Nkhwashu accepted that he did not recuse himself from instructing on dockets related to the Katiso/Tau matter even after learning about the investigation in Feb.
“I knew the case number by then ... by February ... after that, going to March and April, the case number I knew. ... When I saw that list in the spreadsheet, I did not go case by case to check the case numbers.”
Witness Bis is the investigating officer in an Organised Crime docket involving Pule Tau, who was arrested in April, which was already widely known in the town by the time of the call to Brigadier Nkhwashu.
“When I look at the case, it happened in April, and already the case of April, where Pule Tau was arrested, it was all over. It was now the talk of the town. By now, I know that Witness Bis the investigating officer of this case.”
Brigadier Nkhwashu was angry because someone had denied an accusation to their partner and to her, and she wanted to confront him face to face to ask if he really did it.
“I remember I was angry. All that was clouding my mind was to go see him and ask him in his face, tell me, did you really do this?”
The first visit by Brigadier Nkhwashu to the accused was problematic because it involved using her position to arrange after-hours access for food and clothes delivery, which is not typical conduct for someone seeking answers while angry.
“you use your position to contact somebody ... that first visit that you made ... you use your position to contact somebody ... you get to told you can come ... you do arrive there ... That is the first problem I have about that first visit that you made.”
Fundiswa called Brigadier Nkhwashu in February to accompany her to see Katiso, and Nkhwashu's explanation for the second prison visit was seen as unsatisfactory given Molefe's serious criminal charges.
“Fundiswa called you and said, I am coming up ... I am going to see Katiso, so please pick me up and go with me ... why did you not remain in the car ... you are a senior police officer ... Why are you associating with someone accused of such serious crimes?”
Brigadier Nkhwashu admits she was angry over the situation involving Katiso and her sister and wanted to confront Molefe in person, but acknowledges it was not rational and agrees it was problematic conduct.
“I was angry ... I also want him to tell me in my face ... I accept that sitting where you are you will see it the way you see it and I agree that is an oversight in that regard.”
Brigadier Nkhwashu used her rank and position to access the Area Commissioner and the facility after hours to deliver clothes and food, which Fundiswa alone would not have been able to arrange.
“Fundiswa alone would not have been able to call an Area Commissioner ... and all of that ... that is because of your position.”
Brigadier Nkhwashu admits that, by virtue of his rank and position, he uses his connections to call an Area Commissioner, which ordinary people cannot do.
“because of your rank and your position, you have connections and you use those connections by calling an Area Commissioner”
Brigadier Nkhwashu denies misusing his rank to bypass procedures or tell institutions to allow him access against policy.
“if I was using or misusing my position I would have gone to that particular institution and then when they say you cannot see, the policy does not allow you to see Katiso at this time, I would have said no”
On 9 December 2024, Brigadier Nkhwashu called Mr M Khaliphi at 13:24 to ask for permission to bring clothes to his brother-in-law who was arrested and remanded to Groenpunt Prison after appearing in Vereeniging Court.
“On the 9th of December, he received a call from you at about 13:24 to ask for permission to bring clothes to his brother-in-law, who was arrested at an airport the same day, the 9th of December 2024, and appeared at the Vereeniging Court and was remanded to Groenpunt Prison”
Brigadier Nkhwashu refutes Mr Khaliphi's statement that he called to ask for permission to bring clothes on the arrest day at the airport, stating Molefe was arrested earlier on 6 December at his residence, not at the airport on 9 December.
“that was not true because we know that Mr Molefe was arrested on the 6th at his residence”
Brigadier Nkhwashu explains that a person is not taken immediately to prison after arrest but detained at the police station and charges processed within 48 hours before court appearance and remand to prison.
“when a person is arrested, it is a common knowledge that a person will not be taken straight to the prison. The person will be taken to the police station... and the process of charging that particular person will take place within the 48 hours... then the person will then have to go to court before he can be transferred to a prison”
Brigadier Nkhwashu acknowledges that Mr Molefe was remanded to Groenpunt Prison after appearing in Vereeniging Court on 9 December and denies informing Mr Khaliphi that Molefe was arrested at the airport that day.
“he was remanded to his prison after the appearance in Vereeniging Court on the 9th... I could not have called and told the Area Commissioner that this brother-in-law of mine is arrested in the airport... I knew that he was arrested on the 6th”
Brigadier Nkhwashu does not know why Mr Khaliphi would lie about calling to ask permission because of the very specific claim that Molefe was arrested at the airport the same day and appearing in court.
“I do not know actually why would he say that... because you will accept that this is very specific to say arrested at an airport”
Brigadier Nkhwashu confirms he told Mr Khaliphi that Mr Molefe appeared at Vereeniging Court that day and was remanded to Groenpunt Prison; this is the important aspect and correct version.
“you told Mr M Khaliphi that Mr Molefe had appeared at Vereeniging Court that day and was remanded, that is the important part, remanded to Groenpunt Prison, you said that”
Brigadier Nkhwashu admits that his enquiry about Mr Molefe's admission to Groenpunt Prison was standard procedure after the first court appearance and before delivering personal clothing.
“The standard procedure that I know of, when a suspect is arrested and they appear before the jurisdiction, which is now in Vereeniging in this case, they send the awaiting trial prisoners to Leeuw of which is within the jurisdiction of Vereeniging...”
Brigadier Nkhwashu and Fundiswa knew Mr Molefe was remanded to Groenpunt Prison after court and therefore knew where to deliver clothes and food, contradicting a misleading statement in paragraph 49 of his statement.
“You already knew in the same way that Fundiswa knew where he was and could have taken the food and the clothes to him... Your involvement was not because she does not know where to find him. She knew where he is. You knew where he is.”
Brigadier Nkhwashu denies deliberately misleading the Commission in paragraph 49 of his statement and says he only inquired about the facility as standard procedure.
“Most definitely it was not deliberately done to mislead you, Commissioners... I was enquiring about... when first appearance suspect appears in court in Vereeniging...”
Brigadier Nkhwashu explains that upon remand following first court appearance, awaiting trial prisoners are sent to Leeuw Prison, but Mr Molefe's case was unusual as he was detained at Groenpunt Prison, which surprised all.
“it was different and we were all surprised why he was detained or incarcerated in Groenpunt”
Brigadier Nkhwashu, Deputy District Commissioner Sedibeng and Acting District Commissioner had asked Sergeant Shukuru to ask Lt. Gen. Shibiri not to oppose bail of Mr Tau on a new facts application.
“Sergeant Shukuru approached me to ask about the Vereeniging murder investigation ... Brigadier Nkhwashu, the Deputy District Commissioner ... had asked him to ask me not to oppose the bail application of Mr Tau ... this is not a new bail application but a further application on new facts and we had already opposed the bail”
Sergeant Shukuru claimed to be sent by Brigadier Nkhwashu to thank Lt. Gen. Shibiri but Lt. Gen. Shibiri found the request inappropriate because he had already opposed bail and did not agree with not opposing bail.
“Sergeant Shukuru... said he was asked to convey the message of appreciation ... this previous request was that I not oppose the bail and I could not agree to that request ... I do not know why he is approaching me like this”
A senior SAPS official named Brigadier Nkhwashu, who was not actively involved in the murder investigation, visited a prison facility and accused Mr Molefe of a serious crime.
“Brigadier Nkhwa shu had attended at the prison facility on 9 December 2024 and introduced himself as the brother-in-law of Mr Molefe.”
Brigadier Nkhwashu told prison officials that Mr Molefe was arrested at the airport and was not in possession of clothes or food, and therefore wanted to see the suspect.
“The Brigadier allegedly informed the prison officials that the accused, Mr Molefe, was arrested at the airport and was therefore not in possession of any clothes or food. He therefore wanted to see the suspect.”
Brigadier Nkhwashu arrived at the prison after visiting hours driving a white BMW SUV with no number plate, which alarmed prison officials because if he were attending in his official capacity, the vehicle registration plates should not have been removed.
“Prison officials further advised that Brigadier Nkhwashu had arrived at the facility after visiting hours driving a white BMW SUV that had no number plate. This was alarming to them because if Brigadier Nkhwashu was attending in his official capacity they questioned the removal of the vehicle registration plates.”
On 10 December 2024, Mr Nkoli, Head of Groenpunt facility, asked accused Mr Molefe if he was related to Brigadier Nkhwashu, and Mr Molefe denied any relation.
“On 10 December 2024 the Head of Groenpunt facility, Mr Nkoli, went into the accused cell to ask him if he was related to Brigadier Nkhwashu. Mr Molefe said that he was not related to Brigadier Nkhwashu.”
Witness A thought that Brigadier Nkhwashu was trying to interfere in the Swart murder investigation and trying to get the witness to stop the bail process.
“Witness A thought that you were talking about Brigadier Nkhwashu as being the person that had, that was trying to get you to stop bail, that was trying to stop, while, that was trying to interfere in the investigation, the Swart murder investigation.”
Lieutenant-General Shibiri told that Brigadier Nkhwashu was sending Shukuru to speak to investigators regarding bail, which happened before December, and that there was gossip about him blocking bail.
“Brigadier Nkhwashu sending Shukuru and to speak to the investigators regarding the bail, I think it happened before December and we are talking in December where I am saying some members of the district informed me that there was a talk about me that I am the one who is blocking the bail.”