Adv Pooe

At the time of the bail proceedings, there was no Deputy Director of Public Prosecutions (DDPP) or senior prosecutor ready, and the matter was run by the most junior prosecutor, forcing an uninvolved person to step in.

“...you knew that day was that there was no DD, there was no senior prosecutor, they certainly did not appear to be ready for the bail proceedings, you had to step in as somebody who is completely not involved. This was run by the most junior prosecutor...”

In both matters involving the Lushaba case, investigations were wanting, suspects should not have been arrested or charged, and the chargesheets were defective; procedural irregularities were observed where manuals and operations were not followed.

“In both instances the investigations were wanting. They were not at a stage where suspects ought to have been arrested. The chargesheets you say are defective. Procedural irregularities where your own manuals and operations were not followed.”

Rushing cases to court is not the worst problem; the real issue is that there was no case and investigation should not even have occurred.

“it is not only an issue of rushing ... The issue is you do not have a case, and then the other, you should not even be investigating. So it is far worse than that.”

An affidavit dated 6 January 2025 was commissioned by Mr Perumal in Cape Town and included his stamp according to records.

“if you go to page 3484 , you will see there that it is dated 6 January 2025 , and it says it was signed in Cape Town , then it was commissioned by Mr Perumal , and it includes his stamp .”

If supplementary affidavits commissioned by Mr. Raphesu were not in the docket when shared with the accused, it implies those affidavits were swapped or hidden.

“If they were not in the dockets when the dockets were shared with the accused, that can only meant that somebody swapped the affidavits that you commissioned for the affidavit that Advocate Pooe is showing you now. Not only swapping, it can also be that the others were hidden so that they cannot be.”

Mr. Raphesu acknowledged that Ms. Pooue is included in the security cluster, meaning he cannot investigate matters related to her.

“And CI would be included in the security cluster, so you would not be... That is correct.”

Advocate Pooe opposes Chief Mashaba's application to testify partially in camera due to the medical note not covering the current period, lateness of application, and availability of accommodations for witnesses with health issues.

“The first is, as Chair has noted, the sick note does not cover the current period and so as matters stand, we do not have anything from Chief's doctor asserting that he is unwell, except hissay-so. The second is that the application itself is quite belated. ... The Commission, when approached by witnesses who have health reasons and need reasonable accommodations so that they are able to testify, we have... done so, including having intermittent breaks for witnesses to be able to take medications or indicate if they are uncomfortable and I see no reason why the same approach should not be adopted with Chief Mashaba.”

The evidence from Telegram communications presented is a narrative summary rather than the actual chat extraction.

“what we have is what looks like a narrative of this person sent this at this time and what the body of the message sent and not the actual extraction of the picture or depiction of the actual application”

There is a table indicating RICA numbers and chat participants, confirming communication between Chief Mashaba and Warrant Officer Phokungwana.

“it indicates the two participants of the chat ... the RICA number of Warrant Officer Phokungwana is the one that ends with 794 ... and ... for Mr Mashaba”

Some evidence bags were damaged and FSL refused to take them, causing them to be put into another bag.

“The where they put the bag in another bag was when FSL refused to take the bags because some of the evidence bags were damaged”

One brick of evidence was recovered by LCRC and sent to FSL by Captain Nortje, but there was an issue of how it was missed initially.

“one brick that was recovered by LCRC. Do you know what happened with that one brick? ... called to come and collect that brick and he sent it to FSL”

The premature arrest of police officers at the crime scene was criticized, though justified under the circumstances of the crime scene management.

“that was the premature arrest of the police officers ... just justified based on the circumstances at the crime scene”

There was a lack of follow-up on alibis which allowed the defence to obtain statements and present them to the Director of Public Prosecutions (DPP).

“lack of follow-up upon alibis thus allowing defence to obtain statements and providing such to the DPP”

The statements by officers like Warrant Officer Magane and Phakula initially said supervisors did not know their locations, but later statements indicated awareness by supervisors of members' operations.

“they were informed that Commanders did not know where these officers were. But subsequently, the statements filed by officers indicated at least in the case of Officer Magane and Phakula, that they were aware of the members' operations”

The primary white substance on the pin was concluded or suspected to be cocaine.

“you saw the primary white substance which you say you concluded or suspected that it was Cocaine”

The four suspects were informed they were arrested for defeating the ends of justice and an additional charge of dealing in drugs.

“you then informed the fourth that they were arrested for now defeating the ends of justice and an additional charge of dealing in drugs”

Officer Magane testified that the only witnesses saw some and not the entire process of counting the items.

“Officer Magane testified that he only witnessed some and not the entire process of counting”

Brigadier Nkwashu described a friend who was arrested and was seeking bail, and said he stopped the man on his tracks before details were disclosed, refusing to discuss work cases even with his wife.

“O n e o f t h o s e f r i e n d s t h a t I w a s t a l k i n g a b o u t e a r l i e r o n i s a r r e s t e d a n d I h e a r h e i s a r r e s t e d b y y o u . A n d h e i s s e e k i n g b a i l a n d I s a i d o h , s w a e r , w a i t , w a i t , w a i t , m y b r o t h e r . Th a t i s w h e n I s t a r t e d - I s t o p p e d h i m o n h i s t r a c k s t o t e l l m e t h e d e t a i l s . B e f o r e h e e v e n t e l l s m e w h o t h i s f r i e n d i s , t h e n I s t a r t e d c h a n g i n g t o s a y , I d o n o t d i s c u s s w o r k c a s e s . A n d I n o t e v e n d i s c u s s w o r k w i t h m y w i f e”

The officers mentioned raised the issue of transporting or escorting a suspect in Brigadier Nkhwashu's jurisdiction.

“Those that you can remember ... And then it was them that raised this issue of transporting or escorting a suspect in your jurisdiction.”

Brigadier Nkhwashu acknowledged his brother-in-law recently asked him whether the state was going to oppose bail in a certain case, linking this to a conversation involving Mr Molefe.

“you then say to them, my brother-in-law asked me whether the state is going to oppose bail, right?”

The submission of warrants of arrest was requested from various districts and complied with on 8 April 2025.

“what was requested from the various districts was submission of warrants, copies of warrants of arrest, and that was complied with on the 8th”

Brigadier Nkhwashu admits that, by virtue of his rank and position, he uses his connections to call an Area Commissioner, which ordinary people cannot do.

“because of your rank and your position, you have connections and you use those connections by calling an Area Commissioner”

Adv Pooe presents a document showing transactions for the repair of Lt-Gen Shibiri's son's car, indicating payments from CAT VIP Protection including R70000 and specific repair costs.

“You will see the transaction ... it was paid from CAT VIP Protection ... that is the 70000 ... the next payment that you highlighted for us is a payment of R2800 for headlights ... R25000 for a tow truck ... R8530 ... the total, we will take into account the R875 ... in September the total amount covered for the repairs was R37000 ... in October, yes, even the R8000 would be in October ... you would have been able to cover these costs.”

Adv Pooe suggests that Lt-Gen Shibiri's expression that the contract termination was 'too bad for SAPS' indicates a negative view of SAPS's involvement, but Shibiri maintains it is about the contract's fraudulent nature, not SAPS blame.

“General, when you do respond to say that it is too bad for SAPS, you actually do say that, you say this is bad, this is not a good look for SAPS. ... It does not seem likely that this was directed at the SAPS part. It is more likely that it is directed at the contract that you and Sergeant Nkosi were trying to assist Mr Matlala with.”