Referred to as: Colonel Jacobi · Lieutenant Colonel Jacobi · LT Colonel Jacobi
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Colonel Jacobi appointed Warrant Officer Mpangase as the investigating officer at Isipingo Police Station when he handed over the scene to him.
“He says he appointed you as the investigator.”
Warrant Officer Mpangase confirms that Colonel Jacobi handed over the inquiry to him when Jacobi had to leave and asked Mpangase to keep the inquiry until his return from leave.
“Yes, indeed. When the time arrived that he needed to leave, he actually handed over to me that I needed to go with the people to Port Shepstone to transport those goods. He then asked me to open the inquiry. I retained it until he came back from his leave.”
Advocate Baloyi accuses Colonel Jacobi of being untruthful in his evidence that he appointed Warrant Officer Mpangase as investigating officer when Jacobi left Isipingo Police Station going on leave.
“So he was untruthful, therefore, in his evidence before us that when he left Isipingo Police Station to go back on his leave, he appointed you and you remained the investigating officer until he came back from leave. That evidence, from what you are saying, that evidence is untruthful.”
Warrant Officer Mpangase denies being the investigating officer and confirms he merely kept the inquiry open until Colonel Jacobi returned from leave.
“I refused to be an investigating officer. What happened was per his request, I opened the inquiry and I kept that inquiry with me. I retained it until he came back from his leave.”
Warrant Officer Mpangase confirms Colonel Jacobi appointed him as investigating officer but he did not accept it due to other duties; he only kept the inquiry until Jacobi returned.
“Yes, he did appoint me to be an investigating officer, but I did not accept it because of the already mentioned reasons. Then he said I should keep that inquiry until he returns, and that is exactly what I did.”
Lieutenant-Colonel Jacobi instructed members to proceed to Isipingo SAPS and requested members from ORS Durban Harbour for assistance.
“Lieutenant Colonel Jacobi informed us that we should proceed to Isipingo SAPS. He requested members from ORS Durban Harbour to assist.”
Brigadier Nyus ordered that exhibits be taken to Port Shepstone in a walk-in safe, transported in canvas bags which were not sealed at the time.
“Colonel Jacobi indicated that Brigadier Nyus said the exhibit would be taken to Port Shepstone in a walk-in safe.”
Colonel Jacobi was not part of any discussion considering alternative police stations for storage; Port Shepstone was chosen without alternatives mentioned to him.
“No, I was not part of that discussion. It never crossed my mind.”
Warrant Officer Mpangase took charge of the exhibits after Colonel Jacob left and remained senior to Colonel Jacobi.
“Warrant Officer Mpangase took charge as Colonel Jacob left. He is my senior. He was an investigating officer, and Colonel Jacob handed over to him.”
Lt Colonel Jacobi travelled with Warrant Officer Mpangase and a member of the Tracking Team from Isipingo to Port Shepstone for the transport of exhibits.
“Then you travel with him in the car. It is the two of you. From Isipingo? Not the two of us. One of the guys from the Tracking Team also jumped in with us.”
Colonel Jacobi indicated that he was on leave during the time of the drug bust.
“did Colonel Jacobi indicate that he was on leave ?”
Lieutenant-Colonel Duma confirmed that Colonel Jacobi indicated he was on leave.
“Yes, Commissioner, he did indicate”
Lt-Col Duma requested Colonel Jacobi to assist on the operation despite Jacobi being on leave, expecting the person in charge to arrange assistance if needed.
“No, no, no, Commissioner. I requested ... if I insist ... someone must have said no, he cannot assist and then I insist”
Lt-Col Duma relayed prior communication with Colonel Jacobi about operational details and booking on duty despite Jacobi being on leave, with permission from the Provincial Commander.
“I told him that I was on leave but I was willing to book on duty if the Provincial Commander gave permission to do so... He said he will brief Nyuswa on the situation and get back to me... he called me and indicated that he had spoken to the Brigadier and that was in order with regard to me booking on duty.”
Lt-Col Duma informed Colonel Jacobi a few weeks prior about the information on a container at CHC container depot, but without specific details, and was following up.
“I had met them and I even went as far to say ... if I remember very well I had a meeting with them in their offices to say that yes, I am expecting something that might come up ... but I do not have details at the moment because I was still following up...”
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”
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 ...”
The reason LCRC was not called to the Port Shepstone crime scene was not officially stated; while Colonel Jacobi called the FSL, no explanation was given for not calling LCRC.
“I guess, importantly really, the question is, has Colonel Jacobi any way stated or given a reason why the LCRC was not called? We know he called the FSL. That is what the records show, or what is alleged. But he has not said anything about, or has he said anything about why the LCRC was not called?”
There was no urgency to call LCRC to the Port Shepstone scene, unlike the Durban cocaine seizure where urgency was due to trying to beat criminals to the container; the Port Shepstone scene was a controlled environment (a warehouse), easily containable.
“Commissioners, as explained by Colonel Jacobi, he indicated that the scene became busy with the perhaps individuals arriving at the warehouse yard. But I also explained that that is a controlled environment already, per se, as it is a warehouse. And it could have been easily contained where an outside perimeter, an inside perimeter could have been deployed.”