Witness A

LT-Genshibiri confirmed a call he made to Witness A on 7 December 2024 was a follow-up from General Sibiya's request about feedback on detainee Lucky Molefe.

“the 16 December call that you made to Witness A was to follow up upon General Sibiya's request from you about feedback on the detention status of Mr Molefe... Correct?”

Witness A states on 6 December 2024 a manhunt for Lucky Molefe began and that on 7 December Colonel Mokoena called to ask why Molefe's arrest had not been reported to him, despite instructions not to report details of the murder case to anyone else.

“I left Pretoria Central Police Station to assist the team who were on an active manhunt to find Lucky Molefe... On 7 December 2024... I received a call from Colonel Mokoena who asked why I had not reported the arrest of Molefe ... because Brigadier Gopane instructed shortly after Tau, Kekana and Mabusela's first appearance on 19 April 2024 not to report to anyone other than her regarding the murder case.”

Witness A says reports about developments in the murder case (since April 2024) including Tau's bail and re-arrest, were not made to Colonel Mokoena and Mokoena only changed stance after receiving a call from General Sibiya enquiring about Lucky Molefe's detention and family notification.

“Since April 2024, we had not reported to Colonel Mokoena regarding the murder case... When I reminded Colonel Mokoena... he then changed his stance and said he was only enquiring because he had received a call from General Sibiya who wanted to know why Molefe was not being detained at the police station close to his residence and why Molefe's family had not been informed”

Witness A does not recall any call with LT-Genshibiri on 7 December but only has record of a call on 6 December about the arrest of Lucky Molefe.

“Witness A is adamant that he does not recall you calling him on the 7th of December. He only has a record of the call of the 6th of December”

The witness is described as feeling forced to provide information in a call to Witness A, which they did not want to give, indicating reluctance.

“you feel forced to give it”

The call made to Witness A to obtain information was either genuine and reluctant, or deliberate and orchestrated to extract information.

“if we take it that this is a genuine call to Witness A and that you are being forced to make this call to Witness A to get information that you do not want to get”

Advocate Segeels-Ncube alleges the witness made the call not to find out about the charge but to get information only available from Witness A, suggesting an attempt to lure out evidence.

“You made this call not to find out about the charge ... you are now trying to get information from Witness A that nobody else could get and you were luring him by telling him about your 2013 and 2016 experience”

Lt-Gen Shibiri distinguishes between the question asked (what was Molefe arrested for) and explaining the incident or charge in detail, saying the former was the intended question.

“The question to Witness A was what was he arrested for, not to explain what did he do or the incident”

In a telephone call, a person invited the witness to a farm to ask about a case and wanted information, which the witness found aggravating.

“you know he has invited you to the farm because he wants to ask you about this case ... he wants information ... you know he wants that information for the other side”

Witness A said all they wanted to know orally was the reason for the arrest which was murder, and questioned why the witness was concerned about providing that information.

“all you wanted orally you asked Witness A was the reason for the arrest and the reason for the arrest is murder ... why would you not want him to ask you for the reason which is simply murder?”

The witness expressed discomfort that they unprompted mentioned a group of five business people, Zee, Julius Malema, and linked them to General Sibiya and a taxi/extortion issue, suggesting concern that General Sibiya needs information for these people.

“Your discomfort was exactly that, the link with all these people and your concern which you were expressing to Witness A that General Sibiya requires this information for these people that you mentioned”

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.”

Lt-General Shibiri shared information with Witness A, head of organised crime, about an ongoing investigation concerning the group of five and indicated that individuals are in a safe house and protected to pursue the investigation.

“I shared with Witness A. Witness A works for organised crime. Witness A was part of the investigation team ... they were reinforced in a safe house, having all the resources to pursue this thing”

The statement of Sergeant Ndlela was prepared by members who are investigating but are not friendly with Lt-Gen Shibiri and brought to him to sign, indicating it must be similar to that of Witness A.

“It was made by those who are investigating and then brought it to him to sign and indicated it must be similar to that one of Witness A”

Witnesses A and B were confused about Lieutenant-General Shibiri's motives because he operated in a 'grey area' by mentioning a bribe without explicitly telling them to take it, causing uncertainty.

“Witness A and Witness B left that meeting very confused about your motives. Because you were operating in the grey area. Because you were not express about the bribe. You were suggesting to them that there is something available if they were susceptible to it. That is what they understood.”

Witness A invited himself to a gathering at a private lounge on 25 May 2024; he was not invited and was unaware of any party there.

“I was not invited . I invited myself there that day .”

LT-GENS HIBIRI did not know Witness A was at the gathering until introduced to him there on 25 May 2024.

“I did not know about the party , and I could not have known that there will be a party because I was not invited . I invited myself there that day .”

Witness A felt the introduction of junior police officers at the gathering was an attempt to test whether Witness A would be susceptible to bribery, as the 16 May 2024 meeting indicated Witness B was not susceptible.

“in his mind , it appears to him that this is another attempt to see whether he will be susceptible to receiving a bribe . That is how he perceives it .”

Witness A is confused about the meaning and motives behind a meeting involving Lt. General Shibiri and others, and the presence of envelopes or money suggests suspicion.

“Witness A is confused about what the meeting meant. He is confused about your motives...He gets the invitation. He goes there...If he thinks that Vusi Ndlala is your source, it makes perfect sense that you are there.”

Witness A and Sergeant Ndlala were told by their commander, who is Lt. General Shibiri, that he wanted to see them and warned them of money circulating and to be careful.

“You have witness A who says you called them. They were told by their Commander, their immediate superior, that you want to see them...You tell them that there is a bag of money that is going around. You tell them to be careful...You have already said that someone is trying to thwart or to undermine the investigation.”

Presence of Lt. General Shibiri with Witness A and Vusi Ndlala at an event was likely a coincidence and all said to be innocent.

“I think what you are being asked to comment on without passing judgment about it is that you have witness A who says you called them...It may well have been a coincidence that you happened to be there and your presence there is all innocent.”

LT-GEN Shibiri recalls a call on 16 December 2024 between himself and Witness A but states he was not comfortable with that call.

“That is the one which I was not comfortable with.”

LT-GEN Shibiri partially accepts and partially rejects Witness A's version of the 16 December 2024 call, stating some parts are correct and some are incorrect, including disagreement whether the discussion was telephonic or in camera.

“What I indicated, some are very correct, some are related to what they are saying. So if I say I agree to everything, then it will be like all what was indicated to be said there, I agree with it, and some are not the correct version.”

Witness A submitted a witness statement to the Commission on 9 October 2025 and gave evidence regarding the Swart murder and related events in 2024 and 2025.

“On 9 October 2025, I submitted a witness statement to the Commission wherein I am identified as Witness A, and on 20 and 21 October 2025, I gave evidence before the Commission regarding my involvement in the Swart murder and events that transpired during 2024 and 2025.”

Witness A states that one of the events he dealt with was a telephone call with Major General Richard Shibiri on 16 December 2024, detailed in paragraphs 93 to 97 of his first witness statement.

“One of the events that I dealt with was a telephone call that I had with Major General Richard Shibiri on 16 December 2024, as set out in paragraphs 93 to 97 of my first witness statement.”

Lt-Gen Shibiri clarifies that Sergeant Ndlela's statement does not expressly dispute the version advanced by Witness A regarding bribery, but notes that the statement does not contain an allegation that investigators should accept bribery or any form of gratification.

“My statements should not be understood to suggest that Sergeant Ndlela expressly disputed the version advanced by Witness A. What I intended to convey was that Sergeant Ndlela's statement does not contain an allegation that prompted or suggested or insinuated that the investigators should accept bribery or any form of gratification.”

Witness A was promoted from Sergeant to Warrant Officer around 3 March 2026, raising questions about timing and circumstances.

“It appears that until as recently as 3 March 2026, Witness A held the rank of Sergeant, that he has since been promoted. ... the timing and circumstances surrounding such promotion may warrant careful examination.”

Lt-Gen Shibiri phoned Witness A on 7th December after being called by General Sibiya when he was off sick, and again on 16th December before he returned to work on 18th December.

“Yes, on the 7th I phoned after I received the call when I was off sick because I was phoned by General Sibiya . On the 16th, I was about to go back to work on the 8th . Hence, I phone, that is what I said, I phoned Witness A .”

Lt-Gen Shibiri did not know about the 18th December operation before hearing of it in the Commission proceedings.

“And on the 30th , I did not know about the 18th , even though I have spoken to Witness A . And when I spoke to Mr Matlala, he never told me of any operation that happened to him . I do not know for what reason . So that is my answer.”