National Instruction

National Instruction requires entry of exhibits at the police station within which the crime occurred and makes no distinction between covert and overt operations in handling crime scenes.

“There is a National Instruction that says that you must enter exhibits at the police station within which the crime occurred and that instruction does not distinguish covert and overt operations .”

After booking out exhibits from SAP13 register, it is required by national instruction to account for them properly and enter them into the register again if returned.

“there is a national instruction that says they have to be accounted for”

MAJ-GEN SENONA admitted to previously responding to a question about the National Instruction during the January testimony but could not fully recall his response now.

“I cannot recollect 100% how I responded to that question ... I am taking note of it”

The National Instruction paragraph being read does not correlate with the knowledge of Maj-Gen Senona, and he does not have a prescript to refer to on this matter.

“according to my understanding, the Unit Commander can, but I see this National Instruction in the paragraph that you are reading, that they do not correlate, but that is as far as I know. I do not even have a prescript that I can refer to, but it was just knowledge.”

The speaker denies failing to transfer exhibits to the Forensic Laboratory (FSL), stating his involvement was limited to being present at discovery and that the responsibility for submission lies clearly with the investigating officer.

“I deny this allegation. My involvement with the exhibit non-existent beyond being present at their discovery. The responsibility for the submission of the exhibit to the FSL is clearly delineated in the National Instruction.”

Warrant Officer Mpangase's diary did not record any explanation for departure from the National Instruction of bagging, counting, and calling LCRC at the scene, which is a breach of instruction.

“He does not give that explanation, and it is an important thing, you would agree, right? Because it is a breach of your instruction, National Instruction. Breach as in the instruction is clear. It says you must bag, you must count, you must bag on the scene, you must call LCRC.”

There is an important issue regarding the National Instruction requiring that exhibits be dealt with at the police station where the crime occurred, but the diary of Mpangase does not record how exhibits ended up in Port Shepstone; only Sibiya and Jacob claim this, and Jacob later retracted his firm position.

“You will agree it is an important issue because the National Instruction does require you to do all of this at the police station where the crime occurred. Now, the diary of Mpangase does not record such an important fact that would explain the anomaly and irregularity of taking these exhibits to Port Shepstone. How do they land in Port Shepstone? There is no record of that. It is you and, it is only you and Jacob in the written statements who say this, but now it is only you because Jacob in his testimony ended up retracting his firm position in saying, actually, I do not remember explicitly asking him or having a discussion with him about space.”

If Warrant Officer Perumal refused or failed to keep exhibits as required, it would be a breach of National Instruction.

“if Warrant Officer Perumal either refused to keep the exhibits or otherwise not complied, that would have been in breach of the National Instruction”

The National Instruction applies to the police holistically in drug seizures as per Colonel Jacob.

“The National Instructions apply to the police holistically.”

Colonel Jacob admits he has not fully complied with the National Instruction regarding the drug seizure procedures.

“Honestly, no, Commissioner, I have not complied fully.”

The National Instruction requires that all exhibits, except dagga and cat, must be submitted to FSL within seven days.

“the National Instruction requires that within seven days, all of those exhibits must go to FSL anyway”

Warrant Officer Magane allowed Mashaba, a traffic officer, to run the drug bust operation despite National Instruction stating that he as the first responder should be in charge.

“You let Mashaba run this operation ... He was in charge of this ... in spite of National Instruction that says you are the first responder, which you accept, and therefore you should take responsibility for that operation.”

The seized exhibits were unpacked on the floor, not sealed, and wrapped in yellow and black covers labeled Jaquar and TikTok, handled contrary to the National Instruction and protocol on search and seizure, handling, processing, and disposition of illicit drugs.

“I noticed the photos that the exhibits were unpacked on the floor and not sealed. The exhibits were in a form of blocks wrapped in yellow cover labelled Jaquar and black cover labelled TikTok. They were also not in sealed bag. It appeared that the exhibits were being handled contrary to the National Instruction as amended and the protocol on search and seizure, handling, processing, and disposition of illicit drugs.”