General Flynn explained that one brick of narcotics stuck inside the bag due to adhesive, causing it to be discovered later after other suspected cocaine was found and removed.
“That one brick was discovered after the rest of the suspected Cocaine had been found and taken out... because of something adhesive that was inside the bag, this one brick had got stuck onto that adhesive substance inside the bag. That is the explanation we, or rather the testimony we heard.”
General Mbotho further threatened members, promising to deal with them, and stated his dislike of the TOMS unit and intention to have it fall under General Flynn to keep it away from him.
“He was threatening members and promising to deal with them. He also indicated that he does not want, nor like the TOMS unit, and that he intends talking to the National Head that TOMS fall under General Flynn because he does not want TOMS near him”
Experts testified it is very difficult or impossible to identify the consignee or owner of drug consignments, and investigation officers have never found the consignee.
“People who have expertise in this field have said that it is very difficult, if not impossible, to ever get to know who the person supposed to receive the consignment is ... they basically said they have never found the consignee.”
The speaker denies participating in any scheme to store exhibits in unsafe storage and make them vulnerable to theft, asserting he was following lawful instructions and that decisions creating vulnerability were made by senior management, not by him.
“I deny this serious allegation in the strongest possible term. I was not part of any scheme , nor did I engage in any process designed to make the exhibit vulnerable to the theft. My conduct was at all times bona fide authentic. I was following the lawful instruction of a senior. The decision which Major General Flynn retrospectively identified as created vulnerability were not my decision. These include the decision not to process the crime at the depot , the decision not to call the LCRC , the decision not to store the exhibit at the police station of jurisdiction , namely Isipingo , and the decision to transport the exhibit to the DPCI premises in Port Shepstone was the senior management decision.”
The speaker confirms his presence at the scene with Lieutenant Colonel Jacob and Warrant Officer Mpangase, asserting his actions were consistent with a subordinate officer providing support, denying involvement in any theft of the exhibits, and noting he was attending training at SAPS Paarl Academy during the incident.
“I can confirm that I was present on this scene and give the overwhelming and significant scope of the seizure and the complexity in circumstances at the CHC Depot. My actions were limited, transparent, consistent with the duties of the subordinate officer , mainly providing support and manpower. There is no actual basis to suggest I was a party to the design or coincided that Major General Flynn alleges. I wish to inform the Commission of my strong commitment to policy . Having served diligently in the force for the past two decades with pride , I categorically state that I was not involved in the theft of this exhibit. Additionally , at the time of the incident , I was attending training at SAPS Paarl Academy in Western Cape. The course commenced on the 17th October 2021 to the 3rd December . During this duration of training , I only travelled once to Durban, KZN on the 29th October 2021 till the 2nd November 2021.”
Members took proper photos of seizures, including bagging and sealing, and compiled albums for several cases.
“our members have taken, on these seizures as well, taken photos, proper photos, photos of bagging, sealing, all of that, and compiled an album, even of those 10 cases that General Flynn looked at”
Colonel Jacob submitted statements to General Flynn’s team addressing storage issues at Isipingo SAP relating to exhibits seized on 22 June 2021, and specifically involving Warrant Officer Perumal.
“I have submitted further statements to General Flynn's team over the years. I had expressly stated that we had an issue with storage at Isipingo SAP, more especially Warrant Officer Perumal. A statement was obtained by General Flynn's team from Warrant Officer Perumal in respect of availability of storage space and exhibit bags (on 22 June 2021).”
General Flynn cited drug seizure cases from Durban Serious Organised Crime Investigation, noting some deviations from National Instruction 1 of 2015 were justified by use of discretion and investigative aids like LCRC.
“General Flynn cited drug seizure cases from Durban Serious Organised Crime Investigation... There are reasons for the members deviating from National Instruction 1 of 015. It is understood that an IO uses his discretion and uses investigative aids, namely LCRC, if he knows it will benefit his case.”
On 22 April 2026, General Flynn conducted inspections and was informed about the 22 June 2021 drug seizure and other cases; he did not ask questions or seek clarity, and the investigating team later received new information implicating members in drug theft in Port Shepstone on 8 November 2021.
“On 22nd of April 2026, General Flynn was at my office conducting inspections on all our cases on hand... He did not bother to ask any pertinent questions or seek clarity on any issue regarding this matter... This led to an individual coming forward in early February 2026 who claimed to be involved in the planning and execution of the theft of drugs that occurred in Port Shepstone on 8 November 2021... The head of office investigation team was situated in Gauteng and would not have been in a position to immediately respond to this... I informed General Flynn of this new information...”
General Flynn wished to meet or interview the whistleblower about the drug theft, but the relevant member who was in touch with the whistleblower engaged with Flynn alone and did not take his team to interview the individual; the investigating officer was shocked by Flynn's evidence before the Commission as it suggested drugs were placed to be stolen by corrupt members.
“General Flynn wished to meet or interview this whistleblower/informer/suspect. I immediately called in the relevant member who was in touch with the whistleblower to engage with General Flynn and I left the office. I later heard that General Flynn had sent out a team to interview this individual. From what I understand, he did not go out with his team to interview this individual who had vital information on the theft... I was left in total shock upon viewing General Flynn's evidence before this Commission... It is understandable that all of us that were involved in the seizure would have initially been viewed as suspects.”
The theory that the drugs were placed in Port Shepstone so corrupt members could steal them has some credence due to the high risks at the storage place, but General Flynn should have reassessed his investigation after new information implicated some members; Flynn mentioned significant progress but did not attribute it to the Durban DPCI members.
“The high risk associated with that storage place lends credence to this theory... However, the General ought to have reassessed his investigation regarding the theft of drugs after this new information given to him by some of the very same members he is implicating. He alluded to significant progress in the matter during his evidence... He did not bother to mention that this is as a result of the Durban DPCI members mentioned above.”
General Flynn's evidence created a false narrative and orchestrated the investigation to suit it, which caused damage to innocent members and compromised the integrity of the Commission.
“The damage that General Flynn's evidence has caused to us, innocent members, by creating this false narrative and orchestrating his investigation to suit the same, is irreproachable.”
Theory that drugs were placed in Port Shepstone so corrupt members could steal it is plausible but without credible evidence.
“In the absence of any credible evidence before his visit to my office, his being General Flynn, I can understand how it is a plausible theory that the drugs were placed in Port Shepstone so that corrupt members could steal it.”
Colonel Jacob denies involvement in the decision to store drugs at Port Shepstone and suggests General Flynn did not properly investigate this matter.
“It is clear that I was not involved in the decision to store at Port Shepstone, but it is being insinuated that I initiated or was part of this planning... General Flynn ought to have investigated properly... He had clearly not known about the fact that these exhibits were stored there.”
General Flynn misled the Commission by not highlighting that exhibits were stored at Durban Central for over a year before being destroyed.
“General Flynn misled this Commission by not highlighting a pertinent point... that Isipingo had turned those exhibits away and that they were lying at Durban Central for 1 year and 9 months...”
General Flynn stated in a sworn affidavit that the exhibits were confirmed to be Mandrax, but no analysis was done and the exhibits were merely destroyed or disposed of.
“In his statement he says the exhibits were confirmed to be Mandrax... no analysis was done. It was merely destruction or disposal.”
Colonel Jacob stated that he provided credible information to General Flynn about the theft incident on 22 April 2026, but General Flynn did not revise his initial theory based on that new information.
“I can put my neck on the block to say is credible, was furnished to General Flynn ... But obviously one would have expected him to now compare this newer information ... with his initial theory, and look at the two, whether they gel ... none of that happened, despite us furnishing such credible information.”
Lt-Col Duma disputes all allegations made by General Flynn that implicate him but confirms he was present at the scene throughout and called DPCI and SAPS people to the scene.
“you dispute allegations made by General Flynn to the extent that they implicate you ... you confirm your presence at the scene, and the DPCI and SAPS people who were there were called by you”
Warrant Officer Setshedi was made aware on 21 January 2022 and through the Commission on 5 November 2021 regarding arrangements to collect samples related to the Port Shepstone theft case.
“I think some of the – since the first one was, I was made aware that I am part of this on the 21st of January. The other one is through the Commission. I think it was the 5th when there was this, I think it was General Flynn who was presenting. And then he talked about a plan that had a date of the 15th of November.”
WARRANT OFFICER SETSHEDIDay 111 · 02 Jun 2026Refers to: 2021Location: Port Shepstone
Warrant Officer Sander was involved in multiple drug busts in Durban between 2020 and 2023 involving large quantities of Mandrax, cocaine, and methamphetamine.
“General Flynn had created table of drug busts that occurred in Durban... 5 February 2020 at CHC Depot, 547 kilograms Mandrax... 8 May 2020... 11 August 2020, Durban, 20 kilograms of Cocaine... 23 February 2021, 495 packages of Meth... 30 July 2021, Maydon Wharf, 1,000 kilograms of Cocaine... 28 November 2022, 60 kilograms of Cocaine at R & D Port... 13/10/2023, 228 kilograms of Cocaine at Dube Cold Storage...”
Colonel Jacob wanted to prepare a statement to be signed by Warrant Officer Sander regarding a seizure rebutting a statement made by General Flynn.
“H e s a i d t o m e h e w o u l d b e e n a p p r o a c h e d , a n d h e h a d t o g i v e a s t a t e m e n t f o r M a d l a n g a . H e w a n t e d j u s t t o c o n f i r m a v e r s i o n o f h i s r e g a r d i n g a s e i z u r e t h a t I h a d m a d e a t C H C .”
General Flynn testified that a SAP 13 register requires approval from the National Head Office according to the National Instruction.
“General Flynn testified yesterday to say that in order to have a SAP 13 register, your office would have needed, according to the National Instruction, the approval from the National Head Office.”
It was required that Port Shepstone Police Station take control of the exhibits before entering them into the SAP 13 register at the police station in Port Shepstone, but there was no known transfer of control from the Organized Crime Unit to the police station.
“If Port Shepstone Police Station was intended as the receiving station, was it not required, therefore, to have taken control of the exhibits before they are entered into the SAP 13 at the police station in Port Shepstone? ... I am not aware of such”
ADV SELLO SC, MAJ-GEN FLYNNDay 102 · 06 May 2026Location: Port Shepstone Police Station
The SAP 13 at Isipingo Police Station reflects the book-in and book-out process of the exhibits seized in the investigation.
“it is a copy of the SAP 13 at Isipingo Police Station ... this seizure was registered, was booked in and subsequently booked out at Isipingo Police Station ... That is correct”
Lieutenant Colonel Singh's letter concludes with recommendations to remedy contributing factors leading to a physical security breach, including installation of perimeter beam sensors, infrared sensors, engagement with a contracted armed response company, and upgrading perimeter lighting.
““ It is hereby recommended that the above mentioned office initiate processes in order to remedy the contributing factors that lead to the physical security breach, which is: • Installation of perimeter beam sensors around the ground floor of the office accommodation. • Interior office accommodation infrared sensors. • Engagement with the contracted armed response company to ensure efficient service in terms of timeous visits to the site. • The upgrading and repairs of the perimeter lighting.””
General Flynn confirmed he does not have knowledge of whether recommendations from Lieutenant Colonel Singh's letter were carried out before a theft 18 months later.
General Flynn confirmed that Brigadier Nyuswa was the Provincial Commander at the time of security recommendations to the DPCI office in Port Shepstone.
“Brigadier Nyuswa … As the person you say was the Provincial Commander at the time.”
General Flynn acknowledged a typographical error in General Mosikili's report regarding references to National Instruction 8 of 2017, specifically paragraph references.
“it is obvious that there was a typo in the report by General Mosikili where it is referred to 12. It is supposed to be paragraph 9(2) and as Advocate Sello indicated , there is no such 12 ( 2 ). So , it is supposed to be in totality referring to paragraph 9 ( 2 ) .”
General Flynn confirmed that National Instruction 8 of 2017, annexed as Annexure HFF2, is the correct instruction referred to by General Mosikili in his report.
“That is the correct instruction , National Instruction Commissioners , that is correct .”
General Flynn confirms that Major General Senon performed an investigation to establish if misconduct was committed in handling and storage of exhibits, in terms of SAPS Disciplinary Regulation 2016, and provided the outcome of the departmental investigation.
“That the National Head appoint a senior functionary at the level of a Major General to lead an investigation in terms of SAPS Disciplinary Regulations 2016 to establish whether misconduct was committed in the handling and storage of the exhibits... That the senior functionary provides the outcome of the departmental investigation in terms of Regulation 8(1) of the SAPS Disciplinary Regulation 2016”
General Flynn is not aware of any audit having been undertaken since the break-in at Port Shepstone DPCI buildings to check for compliance with the Minimum Information Security Standards (MISS).
General Flynn prepared a supplementary statement analyzing and comparing events related to 541 kilograms of cocaine seized since June 2021 with other drug busts and seizures in Durban during 2020 to 2022.
“in your supplementary statement in paragraph 1 that you prepared this statement to deal with the analysis that you conducted, where you compared the events that transpired relating to 541 kilograms of Cocaine seized since June 2021 and stolen from police custody in November 2021 and you do that comparison with other drug busts, seizures in Durban in the period 2020 to 2022”
In January 2026, General Flynn called for enquiry files concerning identified drug busts in Durban during 2020-2022 to determine if the June 22, 2021 seizure shows a pattern of irregularities or is an anomaly.
“In January 2026, I called for the enquiry files in respect of identified drug busts in Durban during 2020 to 2022 to see whether the 22 June 2021 seizure is evidence of a worrying pattern of irregularities or whether it is an anomaly”
On 5 February 2020, the Durban Serious Organised Crime Investigation Unit seized 547 kilograms of suspected Mandrax hidden in a container offloaded from a vessel from China at the CHC depot in Prospect, Durban.
“On the 5th of February 2020, members of the DPCI Durban Serious Organised Crime Investigation Unit were summoned to a crime scene at the CHC depot in Prospect in Durban, where SARS Customs detected the consignment of suspected Mandrax. The suspected Mandrax was hidden in a container that was offloaded from a vessel that originated from China. The crime scene was properly dealt with in terms of crime scene management principles. The exhibits were photographed, weighed and sealed in forensic evidence bags. The mass of the suspected Mandrax was 547 kilogrammes.”
MAJ-GEN FLYNNDay 102 · 06 May 2026Refers to: 5 February 2020Location: CHC depot, Prospect, Durban
The seized 547 kg Mandrax exhibits were booked at Isipingo SAPS and submitted to the Main Forensic Science Laboratory in Silverton on 12 November 2021, where it was confirmed to be Mandrax; the case is under investigation by Durban under a reference number.
“The exhibits were booked in at the Isipingo SAPS under a reference number. And then the exhibits were submitted to the Main Forensic Science Laboratory in Silverton on 12 November 021. FSL confirmed that the exhibits were Mandrax and the case was investigated by Durban under a certain reference number.”
UNATTRIBUTEDDay 102 · 06 May 2026Refers to: 12 November 2021Location: Isipingo SAPS; Main Forensic Science Laboratory, Silverton
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.”
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.”
MAJ-GEN FLYNNDay 102 · 06 May 2026Refers to: 8 May 2020Location: Maydon Wharf, Durban; Amanzimtoti; Port of Santos, Brazil
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.”
No report confirms that seizures at Port Shepstone were drugs or cocaine and such a report does not exist.
“Formally, therefore, we do not know whether what was seized at the harbour was in fact drugs. Is there a report that confirms that it was firstly drugs and secondly that in fact it was cocaine? There is no such report, Commissioners.”
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.”
Referral to the FS Laboratory (FSL) should be immediate and within 7 days according to protocol, but in the case discussed, the referral was almost two months late, constituting non-compliance with the protocol.
“You are correct , Chairperson . According to the protocol , the exhibits must be submitted within 7 days .”
On 30 July 2021, members of the DPCI Durban followed up on information about possible smuggling of narcotics in shipping containers destined for Scania truck assembly plant in Gauteng. Officers found black bags suspected to be cocaine, but halted the process until LCR arrived.
“On 30 July 2021 , members of the DPCI Durban followed up upon information relating to the possible smuggling of narcotics concealed in the shipping containers destined for a major truck assembly plant in Gauteng , Scania . When the container doors were opened , the officers noticed black bags inside the container . As the officers suspected it to be bags of Cocaine , they halted the process until LCR arrived .”
Evidence collected from the container was properly managed with proper crime scene management including fingerprint, DNA, photographs, and sealing of exhibits. 29 bags wrapped in black tape and 999 bricks of cocaine totaling about 1000 kilograms were recovered and booked in at Maydon Wharf SAPS.
“There was proper crime scene management as the scene was investigated for fingerprints , DNA and photographed . A duplicate seal was recovered from the container . 29 bags , each wrapped in black tape with carry handles exposed , were recovered . 999 bricks of Cocaine were recovered from the bags . The mass of the Cocaine was approximately 1000 kilogrammes . The narcotics were transported to Maydon Wharf SAPS , where they were booked into the SAP 13 .”
Shortly after the burglary was detected, Forensic Science made the means to accommodate the major seizure of 1000 kilograms of cocaine and then it was submitted to FS Laboratory.
“Well , very shortly after the burglary was detected , Commissioner , I believe that my counterparts at Forensic Science made the means to accommodate this major seizure , and then it was submitted .”
On 16 February 2022, members of DPCI Durban SOCI and Crime Intelligence seized 550 bricks (550 kilograms) of suspected cocaine at a container in Manucha Warehouse originating from Port of Santos in Brazil. The crime scene was properly managed and the exhibits were submitted to FS Laboratory in Silverton on 24 February 2022 and confirmed to be cocaine.
“On 16 February 2022 , members of the DPCI Durban SOCI , in conjunction with Crime Intelligence , followed up upon information in relation to a container that was at Manucha Warehouse , where 550 bricks , or 550 kilogrammes of suspected Cocaine , were seized from where they were hidden in the cargo in the container . The container originated from the Port of Santos in Brazil . 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 exhibits were booked in at Umbilo on a reference number , and then the exhibits were submitted to FSL in Silverton on 24 February 2022 . FSL confirmed that the exhibits were Cocaine , and it was investigated under a Durban SOCI reference number .”
Major-General Flynn is familiar with the protocols for seizure and storage of drugs but believes the specified minimum requirements are not exhaustive.
“Yes, I am fully aware with specifically (b) ... I think 8 (a) is perhaps the most minimum requirements ... I am not aware of a specific protocol in terms of requirements for an SAP 13 facility”
Warrant Officer Mpangase functioned as the investigating officer or "owner" of the enquiry in this case, being very active and responsible for investigation follow-ups.
“Warrant Officer Mpangase is quite the active person with this enquiry... would he have been therefore the owner of this enquiry?”
General Flynn confirmed Warrant Officer Mpangase was the investigating officer or 'owner' of the enquiry, with command and control responsibilities delegated to team leaders and higher-ranking officials.
“Indeed, the owner of the enquiry ... he is the investigating officer... but in terms of command and control, the responsibilities of the team leader... the Unit Commander, the Provincial Commander, as well as the Provincial Head...”
The seal of the container was photographed before opening to ensure proper crime scene management and chain of custody, as it might need to be resealed if no evidence found.
“obviously its speaks to proper crime scene management but also the chain of custody of the exhibits. It might be that nothing is found in the container and then it needs to be resealed. So obviously you need to follow due processes to ensure that good governance also dictates at that possible crime scene because it is not a crime scene yet when you are at the brink of opening the container.”
The cocaine consignment was found in the back of the container alongside the animal bone meal and was wrapped with multiple layers of protective wrapping to conceal it and facilitate removal quickly.
“from the packaging where the cocaine is at the entrance to the container, it is clear that this is also an example of a rip-on-rip-off methodology that would have been applied here. So, you need quick access to the drug store remove it and obviously to get it away from the container as soon as possible.”
The logos on the cocaine packaging enabled fingerprint or identity identification of the supplier, but this is part of a larger transnational narcotics smuggling case that the witness prefers not to delve into for the commission.
“this is a clear example where you can see the fingerprint or the identity of the supplier with the different logos fixed to the bricks of cocaine. Obviously wrapped with multiple layers of wrapping to protect the contents of the brick. This is part of the evidence that I would prefer not to delve too deep into because this is transnational smuggling of narcotics in nature and this goes back to the origin of the cocaine that has been smuggled into South Africa.”
Colonel Jacob was in charge of the operation at the dock during the bust and assumed responsibility as the most senior officer on scene.
“It was Colonel Jacob, who was the most senior officer, so obviously he assumes responsibility and takes control and command of the scene Commissioner .”
No disciplinary or follow-up training steps were initiated after the mishandling of the exhibits and crime scene procedures in this case.
“According to my knowledge, no steps were initiated, Commissioners . And I am not aware of follow-up workshopping or training that took place to empower colleagues within that space .”
Maj-Gen Flynn was promoted on 1 January 2019 to Brigadier and appointed as the Provincial Commander for Serious Organised Crime Investigation (SOCI) within the DPCI in the North West Province.
“On 1 January 2019, I was promoted to Brigadier and appointed as the Provincial Commander for Serious Organised Crime Investigation (SOCI) within the DPCI in the North West Province”
On 1 September 2024, Maj-Gen Flynn was appointed as Component Head for Serious Organised Crime Investigation within the DPCI nationally and currently reports to Lt-Gen Mbotho, the DPCI Divisional Commissioner.
“On 1 September 2024, I was appointed to my current position as Component Head for Serious Organised Crime Investigation within the DPCI nationally. I currently report to Lt-Gen Mbotho, who is the DPCI Divisional Commissioner”
General Mbotho inquired with Maj-Gen Flynn about any operations being conducted by his unit in the Sandton area on 6 December 2024 at Mr Katiso Molefe's residence.
“General Mbotho gave evidence before the Commission about a takedown operation that had been undertaken on 6 December 2024 at Mr Katiso Molefe's residence, and he said that you were one of the Component Heads that he had enquired from as to whether your unit was conducting any operations in the Sandton area”
Maj-Gen Flynn confirmed that he denied any involvement of his personnel in the operation at Mr Molefe's residence and was at the Excellence Awards of the DPCI on that date.
“I confirmed the enquiry that was made by General Mbotho. By then, on that specific date, we were at the Excellence Awards of the DPCI. I was approached by the General and he made enquiries with me, and I denied that any of my personnel are involved in any operation at Mr Molefe's residence”
Maj-Gen Flynn did not receive details from General Mbotho about why the inquiry was made regarding operations in Sandton or about allegations that people were impersonating Hawks members at Mr Molefe's residence.
Maj-Gen Flynn is aware of public incidents where people impersonated DPCI members to conduct raids at premises, indicating criminal impersonation activity targeting the DPCI.
“by that time there was a number of incidents where members of the public would impersonate them to be members of the DPCI and then take part in raids at premises etcetera, and indicate that they are DPCI members”
General Mbotho remained Provincial Head of DPCI North West when Maj-Gen Flynn was promoted to head office on 1 September 2024; Mbotho did not influence Flynn's move to head office.
“The General by then, when I got promoted to head office from the 1st of September 2024, the General Mbotho was by then still the Provincial Head of the DPCI North West, and so I arrived in head office before him”
Investigations conducted by Serious Organised Crime, Serious Commercial Crime, and Serious Corruption Investigations often overlap because organised crime involves corruption and related money laundering and fraud activities.
“the nature of the investigations that we are conducting tends towards overlapping. Because organised crime can, for instance, never take place without corruption. So there is always that corruption element. And then in terms of subsequent money laundering activities, obviously, it goes hand in hand with fraud, and that then includes the commercial space. So there is always that overlap”
Maj-Gen Flynn believes that organised crime always involves an element of corruption that enables the crime to flourish, including both private and public sector corruption.
“In order for that to happen, it is my experience that there is always an element of corruption involved in the perpetuating of these crimes...b y that, you mean corruption within what? Government spheres? What kind of corruption? Both private and public space”
Maj-Gen Flynn considers himself a career detective responsible for overseeing policy, standards, and performance of Serious Organised Crime Investigation nationally, with a strategic rather than operational role.
“I consider myself to be a career detective. Before my promotion to Component Head, I had an active role in investigating serious organised crime in the North West. These days, my role is more strategic than operational. I am responsible for maintaining policy and standards applicable to the SOCI component nationally. I also monitor the performance of Serious Organised Crime Investigation Units nationally and guide and oversee investigations within this space”
Maj-Gen Flynn has investigative capacity in all four sections at the head office enabling his office to take over investigations where provinces lack capacity, including total takeovers.
“within my space at the head office, I have investigating capacity within all four sections at the head office. So that enables my office to, for instance, take over certain investigations where there is problems, for instance, or where a province is not having the necessary capacity to deal with certain investigations. So it is not something strange for my office to receive a directive to oversee or to take over in its totality an investigation.”
The Port Shepstone cocaine theft investigation was taken over by Maj-Gen Flynn's component shortly after the 2021 incident, although Flynn was not head then.
“In terms of the Port Shepstone matter, that investigation was taken over by my component shortly after the incident in 2021.”
The then DPCI head, Lt-Gen Lebeya, decided to establish a team to investigate the Port Shepstone matter, placing Maj-Gen Khanaw in charge until his retirement in August 2024, after which Maj-Gen Flynn took over on 1 September 2024.
“Shortly thereafter, the decision was taken by the then DPCI head, Lt-Gen Lebeya, to establish a team to investigate the matter. And then the responsibility to oversee that investigation or the investigation by then was placed on Maj-Gen Khanaw, who was overseeing it from then until he went on retirement by the end of August 2024, and I took up office on the 1st of September 2024.”
Maj-Gen Flynn was Provincial Commander for Serious Organised Crime Investigation (SOCI) in North West before being promoted to Component Head nationally.
“As stated earlier, I was the Provincial Commander for SOCI in Klerksdorp North West, and thereafter promoted to Component Head for SOCI nationally.”
Unscrupulous licence holders in the mining industry sell extracted material through intermediaries which obscures origin and financial flows, enabling illegal gold to enter legitimate markets.
“The material is sold through intermediaries and may ultimately be refined or exported. The proceeds generated from such activities are often handled in cash or through informal channels which obscure the origin of the material and the financial flows associated with it.”
On 30 July 2021, 999 kilogram bricks of cocaine were seized in Durban at the LCS Freight Logistics Depot inside a Scania shipping container containing truck parts from the port of Santos, Brazil.
“On 30 July 2021 , a tonne of cocaine … was seized in Durban at the LCS Freight Logistics Depot . The drugs were found at the back of a Scania shipping container containing truck parts . The container's port of origin was the port of Santos in Brazil .”
Bricks of cocaine seized bear unique logos that serve as unique marks of individuals or syndicates operating in cocaine production regions such as Colombia, tracing the drug origin and suppliers.
“There is different logos that has been found on all these seizures . And the explanation for that is that it is the unique mark of certain individuals or syndicate that is operating within the production space of the cocaine in , for instance , Colombia , that place their fingerprint or their identity to that brick of cocaine .”
Multiple logos on a single consignment indicate multiple suppliers in one consignment arriving in South Africa.
“You will also find that there is perhaps multiple supplier in one consignment that arrives in South Africa . And that is the reason why there will be multiple logos when such consignments are detected and seized .”
The cocaine bags seized had handles for easy and fast removal during criminal 'rip-on-rip-off' procedures to evade detection.
“It has handles . And the reason for that handle is to carry it easily . Because when criminals execute the rip-on-rip-off procedure , speed is of essence .”
Corruption takes place with both public officials and private individuals in the harbour and depots to facilitate rip-off or illicit opening of shipping containers containing narcotics.
“Corruption takes place within both the public and private space . So when we refer here to officials , it does not necessarily meant that it is government officials . It can also include officials working in the harbour or at the depots where these containers get opened and unpacked in some instances or forwarded by means of road freight . So it goes for both sides .”
Under normal circumstances, samples are not taken at the crime scene during cocaine seizures except for a presumptive test which involves making a small hole in one of the bricks to test its color to confirm cocaine presence, and then sealing the exhibit to maintain chain of custody.
“under normal circumstances, there is no need to obtain samples at the crime scene. What is being done during cocaine seizures is that there is a presumptive test that is being done. What that means is that the lead investigator or the crime scene manager would make a small hole in one of the bricks, obtain a small sample, then place that sample into a chemical basis. That is the presumptive test. If it colours blue, it means that indeed it is cocaine. That is the only sampling that needs to be done at that point in time. In order to maintain the credibility of the crime scene, it is important, after all the necessary tests were conducted by our experts, to seal the exhibits there and then because then you also maintain the chain of custody”
The witness only became involved in the June 2021 Durban cocaine seizure matter after his appointment as the head for serious organized crime investigation, succeeding Maj-Gen Khana.
“as I have testified earlier, I only became involved in this matter after my appointment as the competent head for serious organised crime investigation at head office after the departure of Maj-Gen Khana. So, after I took up the position, obviously I engaged with the investigators on the matter and that is how I became privy to the facts of this matter”
On 21 June 2021, intelligence indicated that a container at CHC container depot in Isipingo, Prospecton, Durban possibly contained illicit drugs, prompting retrieval of the container for inspection.
“Following intelligence received on 21 June 2021, a container that was at the CHC container depot in Isipingo, Prospecton, Durban had been identified as possibly containing illicit drugs. The depot was called in order to retrieve the container for inspection”
MAJ-GEN FLYNNDay 101 · 05 May 2026Refers to: 21 June 2021Location: CHC container depot, Isipingo, Prospecton, Durban, South Africa
Exhibits (bricks of cocaine) need to be sealed in Intervoid non-tamper evidence bags to preserve integrity and maintain chain of custody.
“it is important to seal all exhibits as far as possible at the crime scene in order to preserve the integrity of the crime or obviously the investigation but also the chain of custody . So , it means that the exhibits , the bricks of cocaine , need to be placed in , they call it Intervoid non - tamper evidence bags and then it gets sealed and each and every bag has a unique reference number .”
Proper crime scene notes or contemporaneous notes were not kept by the lead investigator during the counting process of the exhibits, so independent verification is difficult.
“Yes , indeed , Commissioners . If proper crime scene notes or contemporaneous notes were kept by the lead investigator , obviously during that counting process there it will be recorded , either in a pocket book or on foolscap . That is the first safeguard .”
Non-tamper evidence bags preserve integrity because any tampering would be clearly visible, thus preventing evidence tampering.
“The importance of that , Commissioners , is that we preserve the integrity of the exhibits . So , it means that whenever that exhibit arrives in that exhibit seal bag at FSL and it has been tampered with , it will be clearly visible . Whether the seal was , for instance , somebody tried to open it or somebody tried to cut the bag and then remove exhibits and then reseal it , that will be evident .”
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 .”
In drug bust cases, physical evidence like fingerprints and DNA from bricks and container seals is crucial to link persons to the shipment; failure to collect this evidence reduces chances of identifying perpetrators.
“In drug bust cases, the presence of drugs within a shipment does not in itself establish knowledge on the part of persons associated with that shipment. Thus, evidence collected at the crime scene is crucial, especially physical evidence in the form of fingerprints and DNA from the bricks and the container seal and the wrapping used to wrap the drugs. If this evidence is not collected or collected incorrectly, the already slim chance of identifying the perpetrators is made all the more unlikely.”
Finding perpetrators of consignments in trafficking cases is generally not successful, especially with rip-on-rip-off methods where crimes are secretive and known only to sender and final destination.
“Commissioners, not that successful, especially in cases where the rip-on-rip-off method is being utilised due to the fact that these crimes are committed in secrecy and only the sender and the final destination obviously know about this consignment.”
Officers attending the crime scene decided to process exhibits at the Isipingo SAPS because the crime scene was busy and needed to be secured by cordoning off.
“The officers attending to the crime scene alleged that the crime scene became busy and therefore the decision was made to process the exhibits at the Isipingo SAPS. However, the officers had to secure the integrity of the crime scene by cordoning it off.”
No photographs or sketch plan of the container location at the crime scene were taken or produced, making it difficult to verify if processing disturbed the crime scene.
“Since no photographs were taken of the location of the container and no sketch plan of the crime scene has been produced, it is difficult to verify that processing the crime scene could have been disturbed by the activity at the depot.”
The crime scene refers to the individual container once offloaded from the ship, not the ship or the warehouse.
“In these circumstances, obviously it is at the warehouse. So, after the container was offloaded from the vessel at the docks, it is then transported to a specific container warehouse or a depot, and then from there it is disseminated further or unpacked. So that is the crime scene. It is at the warehouse, which is a controlled environment.”
General Flynn disagrees with General Senona's assessment that SAP13 facility was safe to store drugs based on no incidents in past 3 years, noting prior incidents in 2018.
“I do not agree with General Senona. He said, because in the three years prior there had been no incident, he was satisfied that the facility was safe to store these drugs. I will still get to that point”
There is proof that other facilities, including those in Durban Harbour, have handled similar or bigger drug seizures previously without problems.
“there is proof that those facilities, there was similar or even bigger drug seizures from Durban Harbour kept at those facilities without any problems in the past”
A total of 541 kilograms of cocaine seized on 22 June 2021 was stolen from the DPCI Port Shepstone strongroom during 6 to 8 November 2021 by gaining entry with a grinder.
“During the period 6 to 8 November 021, the 541 kilograms of cocaine seized on 22 June 2021 was stolen from the DPCI Port Shepstone strongroom with the use of a grinder to gain entry”
The narcotics section of Forensic Science has its own dedicated storage facilities because its analysts deal with narcotic cases only.
“there is different sections who has their own storing capabilities within that sections. So I would then consider it that the narcotics section would have its own dedicated storage facilities because those analysts are dealing with narcotic cases only”
The seizure of 541 kilograms of cocaine is significant and is the second biggest cocaine bust after a one ton seizure.
“If we consider the only bigger seizure was the ton of cocaine , and then the 41 kilogram was the second biggest cocaine bust , although the Mandrax seizure was a bit more . But it is indeed significant if we look at the black market value of these seizures”