Forensic Science Laboratory

The exhibits did not go to Forensic Science Laboratory (FSL) but to Port Shepstone, yet Warrant Officer Mpangase did not correct the incorrect SAP register entry at Isipingo, which falsely stated they were going to FSL for analysis.

“...the exhibits did not go to FSL for analysis. They went to Port Shepstone from Isipingo... Why did you not correct the SAP register in Isipingo?...”

Videos depict cocaine bricks rebranded with 'Prestige' and a crown symbol; forensic lab confirms these branded bricks tested positive for cocaine.

“The blocks were tested by Forensic Science Laboratory and have tested positive for Cocaine . Of the six blocks , three blocks had the Prestige imprint as in the video , and the other three blocks did not have the same imprint .”

A group of between 5 and 10 people attacked the Forensic Science Laboratory in Pretoria, held security guards and tied them, and one police officer was shot during the incident related to an attempted theft of drugs.

“A group of people, between 10 and 5, attacked the Forensic Science Laboratory in Pretoria. They held these security guards, tied them... one policeman, officer, was shot by this group.”

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.”

Some statements of Captains Nortje and Warrant Officer Morris show inconsistencies with regard to tampering of exhibit bags containing drugs, which were changed when submitted to forensic science lab.

“Statements of Captain Nortje attached as TK18 and Warrant Officer Morris, TK19 have some inconsistencies with regard to tampering of exhibit bags. 820 exhibit bags were changed when they were submitted at forensic science laboratory.”

According to the SAPS Academy booking process on 2021-07-19, the exhibits were intact with no tampering during sealing and booking from Booysens to FSL Silverton, escorted by Gauteng Highway Patrol.

“On Monday, 2021-07-19 together with Warrant Officer Morris, proceeded to SAPS Academy, Pretoria West, booked out the exhibits that were kept for safekeeping, proceeded to the Forensic Science Laboratory, FSL, and handed in the exhibits to be analysed. We were escorted by Gauteng Highway Patrol. During the sealing of the exhibits into the exhibits bags, booking them at SAPS Booysens, booking it from SAPS Booysens to SAPS Academy, Pretoria West and to FSL Silverton, Pretoria, the bags were intact and no exhibits was tampered with.”

There is concern that the drug items submitted at the Forensic Science Laboratory (FSL) might not be the same as those collected at the crime scene, with drugs taken from Booysens SAPS to Pretoria West SAPS College for safekeeping instead of directly to the FSL, and no paper trail for Pretoria West storage as they were not booked into SAP 13 store.

“impression that what was submitted at FSL might not be the same items collected at the crime scene . It is also noted from their statement that the drugs were taken from Booysens SAPS to Pretoria West SAPS College for safekeeping . One will wonder as to why drugs were kept at Pretoria West SAPS College rather than being taken straight to FSL”

There were inconsistencies in the quantity of drugs submitted to the Forensic Science Laboratory (FSL), and legal advice was requested to investigate whether the changed bags of drugs were submitted and to request retesting to confirm contents.

“The issue of 700 and 15 bricks of drugs as well as the other bricks sent later to FSL for analysis , we wanted to make follow-up and investigate . There is no clear explanation into the inconsistencies of the number of drugs submitted to FSL . The matter was discussed with the Executive Director, Ms Ntlatseng , and she requested IPID Legal to look into the matter and give legal advice . The aim was to investigate the drugs , especially those changed bags were ever submitted to FSL , and if submitted , request the lab to retest the changed bags to compare them with the other bags for the purposes of confirming the contents thereof .”

Lt-Col Sibiya explains that a chain of custody issue over exhibits related to cocaine and mandrax was blamed on Warrant Officer Jooste after Lt-Col Jacob gave exhibits to Jooste who failed to deliver them to Forensic Science Laboratory (FSL).

“Colonel Jacob had handed over the exhibits to Warrant Officer Jooste, and then Warrant Officer Jooste was supposed to take the exhibits to Forensics, and he did not take them ..... he also submitted a chain statement to say that indeed they received the exhibits from Colonel Jacob and forwarded them to FSL ..... meanwhile, the exhibits were not received and the acknowledgement receipt could not be found.”

The Protocol states that all illicit drugs, except visually identifiable cannabis plant material, must be submitted to the Chemistry section of the Forensic Science Laboratory (FSL) for forensic analysis.

“The member from the investigating unit must ensure that all illicit drugs, with the exception of Cannabis plant material, which is visually identifiable, are submitted to the Chemistry section of the Forensic Science Laboratory, FSL”

Colonel Gavin Jacob joined the South African Police in January 2001 and has served in various units including the Forensic Science Laboratory, Directorate of Special Operations (Scorpions), Narcotics section, and the South African Narcotics Enforcement Bureau (SANEB).

“I joined the South African Police in January 2001 . I was appointed at the rank of Sergeant as a Forensic Analyst at the Ballistic Unit of the Forensic Science Laboratory . In April 2002 , I joined the Directorate of Special Operations , commonly known as the Scorpions . I was based in Silverton as a Special Investigator at the Crime Information Collection Unit . In November 2004 , I was transferred to the DSO Durban where I was placed within the Narcotics section .”

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.”

Forensic Science Laboratory (FSL) is not called to recovery scenes; investigating officers do sampling and guiding without involving clan labs or FSL.

“If an Investigating Officer calls FSL to come to the scene of a recovery to guide his members or her members with taking sampling, with doing sampling, have you ever heard of anything like that occurring, and why would that happen? ... Commissioner, I can say no, and I do not know why it would happen.”

Only Forensic Science Laboratory is authorized to destroy exhibits, following strict protocols; Investigating Officers are not authorized to destroy exhibits themselves.

“There is only one authorised entity that destroys exhibits, and that is Forensic Science Laboratory. ... I am not authorised to destroy an exhibit.”

Colonel Jacob has a BSc majoring in chemistry and biochemistry and gets trained in lab sampling procedures when joining the lab.

“At the lab, when you join the lab, you are taken to training on how the lab operates. And sampling is like a module within that training...”

Forensic Science Laboratory staff are not allowed to guide Investigating Officers on sampling at the scene.

“are you allowed to go out and guide Investigating Officers on sampling? No, we are not allowed to guide Investigating Officers on sampling.”

It is not feasible nor regulated for the Forensic Science Laboratory staff to come to a bulk bust scene to guide sampling.

“If FSL is called by DPCI on a bulk bust like 541 bricks to come and guide them on sampling at the scene ... No.”

The Forensic Science Laboratory (FSL) at Amanzimtoti lacked the capacity to store large illicit drug exhibits and could not send members to non-clan lab crime scenes; they only attend clan labs with preparatory materials and end products.

“FSL Amanzimtoti did not have capacity to store large illicit drug exhibits. FSL also could not send members to a non-clan lab crime scene. FSL operations are governed by the aforementioned National Instructions and the Protocol. FSL members only attend clan labs where preparatory material to produced drugs and end products are found.”

Experts from the Local Criminal Records Centre or Forensic Science Laboratory make statements regarding their work at the scene under section 212 of the Criminal Procedure Act, and their compiled photo albums are deemed accurate and unmanipulated evidence.

“when an expert from the Local Criminal Records Centre or Forensic Science Laboratory attends a scene, they do a statement. It is in terms of section 212 of the Criminal Procedure Act. And it is deemed that they have done their work correctly and they have not manipulated the exhibits, and it is done as such, and they have compiled an album, and they are saying that it is true as such. That is what this statement is.”

The initial presumptive drug test on detained wine yields a false positive for methamphetamine, leading to calling the Forensic Science Laboratory (FSL) for further testing.

“Because I was not happy that the wine was wine. I suspected it to be a substance containing methamphetamine ... initial test gave us a false positive ... is that why you called FSL? ... that is correct.”

FSL is not ordinarily called to scenes because it is not a clan lab, but is called when there are strange chemicals and requires collaboration with SARS lab (LCRC).

“Ordinarily FSL would not have come to the scene because it is not a clan lab ... but when we have strange chemicals ... we work together ... I have got a relationship with them.”

The correct procedure for recovery of chemical substances at scenes is to call the LCRC first, but FSL can also be called if necessary.

“For a recovery ... as standard recovery we call out LCRC, not FSL ... if it is chemicals and items I do not know and I need guidance with, I will tell them such ... you can call either one first ... but preferably LCRC.”

When taking exhibits for analysis to the Forensic Science Laboratory (FSL), one can just rock up without prior notice, but on this occasion, due to too many exhibits, the FSL said they could not fit them in the safe and they had to be stored at Durban Central police station vault instead.

“If I am bringing exhibits for analysis, I can rock up there... When I did rock up there, they said, sorry, there is way too much exhibits to fit in our safe. It will not fit... it was Brigadier Paramusa and Captain Mbansi that allowed the authorisation of using a part of their vault at Durban Central to store those exhibits.”

The SAP 83(a) form for destruction goes with the exhibits to the Forensic Science Laboratory (FSL).

“It goes with the exhibits.”

Warrant Officer Sander does not receive notification of destruction of drugs from the FSL or DPCI if drugs are destroyed.

“No. So you would not know if the Mandrax was destroyed? No. Not that I know of. No.”

There is concern over the trustworthiness of the FSL to not sell confiscated drugs back into the market, as there is no record ensuring destruction.

“But then how do you know that your hard work to recover these illicit drugs is not undone by FSL selling them back into the market? If you do not have a record that they have been destroyed...”

Warrant Officer Sander trusts that FSL does their job correctly but admits he does not have certainty.

“It is a trust relationship that I must say, yes, I am happy FSL did their job. ... I do not know it.”

The FSL in Pretoria is the official laboratory responsible for the exhibits' analysis and destruction, and in Durban analysis it liaises with the KZN laboratory.

“It is FSL in Pretoria. ... And if the matter comes out of Durban, and it has a Durban analyst, then it would be also liaising with the KZN laboratory as well.”

The forensic unit referenced by Lieutenant Colonel Mangena is the Forensic Science Laboratory (FSL).

“Yes, it is under forensic, yes, Forensic Science Laboratory.”

One major challenge in narcotics investigations is the delay in obtaining forensic analysis reports from the Forensic Science Laboratory (FSL), sometimes taking months.

“One such challenge is the delay that the investigators are experiencing to obtain the analysis reports from FSL, the Forensic Science Laboratory... might take months for the investigators to actually receive an analysis report or 21 statement”

The long turnaround time for forensic analysis reports is due to the workload at the Forensic Science Laboratory.

“It has been explained to us that, at the end of the day, it is the workload that the Forensic Science Laboratory sits with”

Narcotics powder and tablet forms are stored at the Forensic Science Laboratory, but cannabis plants are not stored there.

“All of them are stored, but not plants. And if I mean plants, the Cat plant and Cannabis plants are not stored at forensics. But the powder and tablet form narcotics are indeed being stored at forensics, Commissioners.”

Through intervention by Brigadier Naicker, the cocaine was taken to the DPCI head office and then sent to the Forensic Science Laboratory in Pretoria the next morning.

“That Cocaine, through the intervention of Brigadier Naicker, he is at our DPCI head office, through his intervention, the Cocaine was the very next morning brought up to Forensic Science Laboratory here in Pretoria.”

The Forensic Science Laboratory (FSL) could not assist with photographing exhibits at the scene due to skeleton staff from COVID and storage space problems; the LCRC was busy at another scene and arrived late to photograph the scene and the remaining bags handed to them for DNA and fingerprint analysis.

“Forensic Science Laboratory indicated that they were not able to assist as they were running on skeleton staff because of COVID and also had a problem with storage space . LCRC was busy at another scene , arriving a little bit later , and dealt with the photographing of the scene and the exhibits and the ‘leftovers ’ of the black carry bags as well as that was handed to the LCRC member for DNA and fingerprint analysis .”

Due to the lack of storage space and COVID-related staffing shortages, the Forensic Science Laboratory was unable to assist with photographic documentation of the exhibits at the scene, which was managed instead by LCRC arriving late.

“Forensic Science Laboratory indicated that they were not able to assist as they were running on skeleton staff because of COVID and also had a problem with storage space . LCRC was busy at another scene , arriving a little bit later , and dealt with the photographing of the scene and the exhibits ...”

The drugs were transported from the SAPS College safe premises to Forensic Science Laboratory after the 9 July drug bust.

“at this point in time, this was where the drugs were now transported from the SAPS College to FS L ... from the safe premises to FS L”

The number of evidence collected was 700 according to some statements, but the Forensic Science Laboratory (FSL) received 715; witnesses confirmed 715 indicating incomplete exploration and receipt of exhibits by members, considered a human error.

“The number of evidence collected, 10 statements indicate 700, whereas FSL received 715. Several witness statements also confirmed 715. The one brick of Cocaine recovered by LCR and handed over to DPCI, indicating members did not fully explore and receive all exhibits, a human error given the circumstances.”

On 22 June 2021, between 10 and 11 AM, Brigadier Nyuswa informed Lt-Col Prinsloo that provincial tracing teams seized a large quantity of cocaine from a container and instructed him to make storage available at his office, as secure storage was not available at the Forensic Science Laboratory due to flooding and dysfunction.

“On the 22nd of June 2021, between 10 and 11 in the morning, I received a telephone call from Brigadier Nyuswa. He informed me that the provincial tracing team seized a large quantity of Cocaine from a container and instructed me to make storage available at our office. He said he would take both sets of the safe keys with him once the exhibits were stored in the safe. He said the exhibits could not be stored at a Forensic Science Laboratory as they did not have a secure storage capacity. I knew that the laboratory had been flooded and was dysfunctional.”

The Forensic Science Laboratory (FSL) did not attend the scene on 22 June 2022 at the harbour because it was not a 'clan lab' scenario (a clandestine drug laboratory).

“the FSL did not attend the scene on 22nd June 2022 at the harbour, and the reason advanced was that FSL declined to do so because it was not a 'clan lab' scenario, meaning it was not a clandestine drug laboratory”

Colonel Jacobi requested the presence of the FSL at the scene but they declined, therefore the Local Criminal Records Centre (LCRC) or not the FSL should attend normal drug seizures per protocol.

“Colonel Jacobi indicated that he requested their presence at the scene and they denied it... even the protocol direct that LCRC, or the Local Criminal Records Centre, attend normal drug seizures and not the Forensic Science Laboratory”

Exhibits can be booked out from one police station to another or for legitimate purposes such as submission to the Forensic Science Laboratory.

“The exhibits can obviously and must be booked out to be submitted to the Forensic Science Laboratory”

Exhibits taken out from Isipingo Police Station were supposed to be stored at a Forensic Science Laboratory (FSL) and no other police station or place.

“The only place it can be will be at a different police station. But in terms of this entry, it is supposed to be at the Forensic Science Laboratory. And at no other place.”

In October 2021, an allegation was made that the Forensic Science Laboratory was contacted to expedite the analysis report but the FSL did not have space to store exhibits; no attempts were made to increase security or move the cocaine to a more secure location after an attempted break-in, despite prior significant seizures of cocaine at the premises.

“There is an allegation that FSL was again contacted on 27 October 2021 to expedite the analysis report. However, Warrant Officer Setshe reiterated that FSL did not have space to store the exhibits. This is after FSL had received 700 kilograms of Cocaine seized in Aeroton in July 2021. Curiously, no attempts were made to increase security at the premises or to move the Cocaine to a more secure location after the attempted break-in.”

After closure of the enquiry, FSL is informed of outcome and is responsible for disposition of seized drugs; the current status of the seized Mandrax is unknown to Maj-Gen Flynn.

“Upon closure of the enquiry, Forensic Science Laboratory are informed of the outcome of the investigation, and they then have the responsibility to dispose of the exhibits. So, the current status of the Mandrax, I do not have any knowledge of.”

Seized narcotics, once submitted to Forensic Science Laboratory, are not returned to SAPS facilities but are kept until finalised and subsequently disposed of.

“Once a narcotics specifically is handed or submitted to the Forensic Science Laboratory, it is never returned to a SAP 13 facility. It is kept at Forensic Science Laboratory until the matter is finalised and then disposed of.”

On 8 May 2020, Durban Serious Organised Crime Investigation Unit seized 35 kilograms of suspected cocaine from a container offloaded from vessel Polonia from the Port of Santos in Brazil; exhibits submitted to FSL in Amanzimtoti on 21 May 2020.

“On 8 May 2020, members of the DPCI Durban Serious Organised Crime Investigation Unit followed up upon information in relation to a container that was already offloaded from the vessel Polonia that originated from the Port of Santos in Brazil. Upon further investigation, 35 kilogramme bricks of suspected Cocaine were recovered from a container. The cocaine had the logos Nautica, BMW, MTA, Z and on the wrappings. The crime scene was properly dealt with in terms of crime scene management principles. The exhibits were photographed and sealed in forensic evidence bags. The mass of the suspected Cocaine was 35 kilogrammes. The exhibits were booked in at Maydon Wharf SAP 13 SAPS under a specific reference number. The exhibits were submitted to the Forensic Science Laboratory in Amanzimtoti on 21 May 020. FSL confirmed that the exhibits are cocaine.”

There were three cases in the list where exhibits were submitted to FSL in Amanzimtoti because the mass was less than bulk seizures ultimately submitted to FSL in Silverton.

“Commissioners, perhaps at this point in time, I should indicate that in this list, there were three cases where the exhibits were submitted to FSL in Amanzimtoti. The reason for that is that you will observe that the mass of these exhibits is much lesser than the bulk seizures that were ultimately submitted to FSL in Silverton.”

Upon finalisation of analysis, FSL prepares a section 212 statement or affidavit submitted to investigating officer forming part of case docket/enquiry evidence bundle.

“Upon finalisation of the analysis by FSL, a section 212 statement or affidavit is prepared and submitted to the investigating officer of the matter. That then forms part of the case docket or the enquiry, as part of the bundle of evidence in that case docket or enquiry.”

There was never a section 212 report or analysis report filed or received from FSL for the Port Shepstone seizure case.

“There was never a reports submitted or received from FSL.”

Storage capacity constraints at Forensic Science Laboratory have delayed submission of seized exhibits as there is heavy workload and no sufficient storage facilities available.

“It is clear that there is multiple references to the fact that upon requests being made to FSL, they were informed that they do not have storage facilities available, obviously based on a heavy workload. So, there is multiple cases before this matters that needs to be dealt with before these exhibits can be submitted. So obviously it prolongs the submission of the exhibits to the Forensic Science Laboratory.”

Typically, it takes about 6 months from seizure to testing due to heavy workload and storage delays; paperwork sometimes exists to reflect this but often enquiries are made telephonically and entries made in SAP 5 investigation diary.

“It will take about 6 months for us to get to your consignment and test it. Is there any paperwork that reflects that all of that was done? In some instances, yes, Commissioners. In this specific case? But no. Predominantly, it is enquiries that was made telephonically, and then entries made in the SAP 5 in the investigation diary.”

Requests to the Forensic Science Laboratory (FSL) for storing drugs from recent seizures are expected to be in writing and recorded, but the general process is often conducted telephonically without written requests.

“I have a observation that predominantly it is being done telephonically... I think you confirm that it is expected to be in writing and recorded somewhere... And where the FSL is not in a position to store the drugs from a recent seizure because of lack of space, they would equally indicate in writing.”

There is no formal prescribed protocol that mandates requests to the Forensic Science Laboratory must be in writing, but if in writing, it provides proof of receipt and is undisputable.

“I am not aware of such protocol... but logic dictates that if it is in writing, it cannot be disputed, especially if there is proof of receipt.”

Upon submission of exhibits to the Forensic Science Laboratory, a covering letter is required and acknowledged, and this procedure is being complied with.

“upon submission of the exhibits to the Forensic Science Laboratory, it needs to be accompanied by this covering letter that is acknowledged then, so you get an acknowledgement of receipt on the date that it was submitted... So that is indeed being complied with.”

A request to the Forensic Science Laboratory for storage was rejected because it was not a Clanlabs scenario and it was correct that the FSL should not have been called; LCRC should have been contacted instead.

“when a request was made to FSL, it was rejected because FSL indicated that it was not a clanlabs scenario... your view was that that rejection on that basis was correct because they ought not to have called FSL. It is LCRC they ought to have called.”

There was never an intention to submit or test the seized drugs (541 kilograms of cocaine) at the Forensic Science Laboratory, raising concerns about handling and recording.

“there was never an intention to submit these drugs to FSL. And that is why I am reflecting now on all the other cases where predominantly the crime scenes were dealt with correctly and the exhibits found its way into a SAP13... it was never stolen or tampered with and then submitted to FSL... It is my strong view that there was never an intention to submit it to FSL... It looks to me like there was never an intention to submit the drugs to FSL. There was never an intention to have them tested.”

The seized drugs which were not tested were properly handled, recorded, and remained secure at the police station, never stolen or tampered with, before being sent to the Forensic Science Laboratory intact.

“the crimes scenes were dealt with correctly and the exhibits found its way into a SAP 13, remained in a SAP 13 at the police station. It was never stolen or tampered with and then submitted to the FSL... it arrived at the Forensic Science Laboratory intact.”

In the Port Shepstone cocaine seizure of 22 June 2022, the LCRC did not attend the crime scene because they were not summoned; the investigator Colonel Jacobi called the Forensic Science Laboratory but did not request LCRC presence.

“In the Port Shepstone matter, the one that we have been dealing with, the LCRC did not attend the scene. ... It is because they were not summoned, Commissioners. ... Colonel Jacobi indicated that he called Forensic Science Laboratory, but there was no indication that he ever requested the presence of the LCRC ...”

In a major drugs seizure, relevant team leaders and commanders have responsibilities for inspections and overseeing investigations, ensuring all leads are followed and exhibits are correctly submitted to the Forensic Science Laboratory (FSL).

“... in these circumstances where it is a major drug seizure... they have certain responsibilities in terms of inspections and overseeing the investigation... all the possible leads are followed up, exhibits are submitted to FSL... to ensure that there is a smooth transition of the exhibits from the SAP 13 facility... to the Forensic Science Laboratory.”

Proper crime scene management during drug seizures is critical to preserve evidence for successful prosecutions, involving multiple specialized units including SANEB, forensics, and protection teams.

“During a seizure operation, preserving the crime scene for further investigation and the gathering of evidence is crucial ... it requires the involvement of various units, including members of the South African National Narcotic Enforcement Bureau, SANEB, detectives, crime intelligence, forensic experts from the Forensic Science Laboratory, Local Criminal Records Centre, and the protection team to cordon off the scene”

Forensic Science Laboratory experts are specifically called out to clandestine drug labs due to the hazardous and sophisticated nature of dismantling operations.

“FS L is the Forensic Science Laboratory, and the reason why they are specifically called out to clandestine drug laboratories is because of the sophistication involved with those processes that is taking place there”

The FSL falls under the Detective and Forensic Services under a Divisional Commissioner role, currently filled by Maj-Gen Mogale (acting), with Lt-Gen Senthumule as Deputy National Commissioner.

“FSL falls within the Detective and Forensic Services under the Divisional Commissioner for that space. Currently, it is Maj-Gen Mogale is acting in the post, but the actual incumbent is Lt-Gen Senthumule, who is currently the Deputy National Commissioner”

Cat (a plant from North Africa) must be submitted to the forensic science laboratory within a specific period before it rots; only samples are taken for analysis, not the entire consignment, similar to dagga where entire consignment submission is impractical.

“Cat is a plant that is originating from North Africa. Obviously, and that plant needs to be submitted to FSL within a specific period because otherwise it becomes rotten. So only samples are taken and then submitted to FSL. That is the only sampling. With dagga, obviously, it means that when a cultivation facility is dismantled, you might sit with a whole warehouse full of dagga. So, it is just not practically possible to submit that whole consignment for analysis to the forensic science laboratory. So, it is all about practicality.”

The destruction of seized narcotics is managed by the forensic science laboratory after an investigation or case docket is finalized in court, including an SAP83A document submission authorizing destruction.

“upon completion of an investigation or a case docket, if it is finalised in court, we submit a document back to the forensic science laboratory. It is called an SAP83A, where we indicate that the narcotics can be destroyed. The same applies to an enquiry investigation that is been closed, that there are no further leads. We also submit that SAP83A, and then it is up to the forensic science laboratory to destroy the narcotics that was seized”

Investigations into seized drugs without identified owners or recipients are predominantly dealt with under enquiries, and exhibits are still submitted to the forensic science laboratory, examined, and reports obtained before decisions on arrest or closure are made.

“in practise, those types of matters are dealt with predominantly under enquries. The same processes need to be followed. The exhibits must still find its way to FSL. Where it is examined, you obtain your report from the experts. It is placed in the enquiry, obviously based on the merits, whether somebody or the consignment can be attributed to a person or entity. Then it will be converted into a case docket and then arrests will follow. Otherwise, if there are no further leads, then the matter will be closed down, and then notification be provided to the forensic science laboratory for destruction”

Under normal circumstances only forensic science laboratory analysts are authorized to open the non-tamper evidence bags.

“But under normal circumstances , it will obviously be at the Forensic Science Laboratory where the analyst that the matter is assigned to will open the exhibit bag .”

If a forensic analyst requests an investigator opens the non-tamper evidence bags to obtain a sample, this would be extremely strange and contrary to protocol.

“Commissioners , if that happens , I will find it extremely strange because the exhibits , according to the protocol , needs to be submitted to the Forensic Science Laboratory for , obviously , the weighing of the exhibits , photographing , the actual analysis , because especially in a major drug bust it serves no purpose for an investigator who has perhaps no scientific background to obtain samples , because we do not even know if it will be randomly obtained . So , it makes no sense .”

It was never the intention to take the entire batch of exhibits (541 kilobytes) to the Forensic Science Laboratory (FSL).

“The only conclusion I can come to is that it was never the intention to take this whole batch of exhibits to the Forensic Science Laboratory.”

The exhibits included 541 bricks of cocaine weighing approximately 1 kilogram each, which were entered into Isipingo with a reference number. Warrant Officer Perumal indicated there was no space to store such volume of narcotics at Isipingo, and a provincial office was notified of the lack of storage at the station and Forensic Science Laboratory (FSL).

“The exhibits were counted by the members, and it was established that there were 541 bricks of cocaine, weighing approximately 1 kilogram each... Warrent Officer Perumal of Isipingo SAPS indicated that they did not have space to store such volume of narcotics. A provincial office was notified of the lack of storage facility at the station and at FSL.”

Seizure on 16 February 2022 of 530 kg cocaine properly managed as crime scene, exhibits booked at Umbilo SAPS and submitted to Forensic Science Laboratory on 24 February 2022.

“Seizure on 16 February 2022 of 530 kilograms of cocaine ... The exhibits were booked in at Umbilo SAPS and submitted to the Forensic Science Laboratory on 24 February 2022”

Major drug seizures are usually submitted to the main forensic science laboratory in Silverton, Pretoria, except for the drugs in Amamzimtoti, which had correspondence only with the local lab.

“all the other major seizures , Commissioners , were submitted to the main lab and that is in Silverton , Pretoria , Forensic Science Laboratory . Strange enough , with this matter , only the correspondence took place between Colonel Jacob and the lab in Amamzimtoti , whilst everybody is privy to the fact that the major busts , all the exhibits , are transported to the main lab in Pretoria”

Investigating officers and commanders have a process to submit priority requests to Forensic Science Lab leadership to expedite analysis and storage of exhibits when capacity is limited.

“We have a process in place where we call a priority request. So , under these circumstances , a Provincial Commander or a Unit Commander or the Provincial Head is at liberty to submit a request to the leadership of the Forensic Science Laboratory and request , obviously depending on the sensitivity and the urgency of completing an investigation , to prioritize this matter”

The exhibits from the 1,000 kg cocaine theft at Port Shepstone were successfully transferred to the Forensic Science Laboratory.

“Those exhibits were successfully transferred to the Forensic Science Laboratory , Commissioners”

A proforma document accompanies exhibits or samples handed over to the Forensic Science Laboratory (FSL), typically signed by the Unit Commander to the Forensic Science Laboratory Commander for handling.

“there is a proforma document that need to be completed that accompany the actual exhibits or the samples that was obtained now to FSL”

Telephone discussions between detectives in KwaZulu-Natal (KZN), Directorate for Priority Crime Investigation (DPCI) detectives, and FSL personnel are substantiated with witness statements regarding the handling of exhibits.

“obviously there is a lot of indications that there was telephonic discussions between the detectives in KZN, the DPCI detectives, and FSL and it is substantiated with witness statements”

The investigation team made efforts to get the exhibits in totality deposited to Amanzimtoti but all other instances saw successful transfers to FSL main lab in Silverton.

“the investigation team, they also made efforts to get the exhibits in totality deposited to Amanzimtoti. But it does not add up ... in all the other instance it was transferred successfully to FSL main lab in Silverton”

FS L is not expected to request random sampling of bricks; detectives are not scientists and cannot decide sampling without experts at FS L.

“detectives are not scientists like the analysts or experts at FSL. We know nothing about random sampling, so how would they have decided to pick seven of the 541 bricks?”

Seven additional bricks requested by FSL were never submitted to FSL.

“those seven bricks never went to FSL”

A 1,000 kilogram bust was stored at Maydon Wharf and later transferred to FSL in Silverton in early December 2021, after a lapse period.

“that, 000 kilogram seizure was submitted to FSL subsequent to the break-in at Port Shepstone, so it was early in December of 2021”

The 1,000 kilogram bust was sent to FSL after the Port Shepstone incident; absence of that incident might have meant the bust was not transferred to FSL.

“this 1,000 kilogram cocaine bust was only sent to FSL after November, which means after the Port Shepstone incident, which means it is possible that if the Port Shepstone incident had not happened, this bust would also not have been transferred to FSL”

All major drug seizures must ultimately be submitted to the main FSL lab in Pretoria for investigation and destruction after completion.

“Everything must ultimately land up with the main lab in Pretoria... all the drugs need to be destroyed by FSL...”