IDAC is not involved in any investigation related to Molefe but is involved regarding Vusimusi 'Cat' Matlala concerning allegations of collusion, corruption, and unlawful awarding of a tender to his company, Medicare 24.
“IDAC is not involved in any investigation relating to Molefe. With regards to Vusimusi “Cat” Matlala (Matlala) IDAC's only interest arose out of a section 27 referral from SAPS with regards to the unlawful awarding of a tender to his company, Medicare 24, and allegations of collusion and corruption with Matlala and some SAPS officials.”
IDAC is not involved in any investigation relating to Molefe. IDAC's only interest in Vusimusi 'Cat' Matlala's case arose from a section 27 referral from SAPS concerning the unlawful awarding of a tender to Matlala's company Medicare 24, and allegations of collusion and corruption with Matlala and some SAPS officials. Cyber search warrants for Matlala's phones and electronic devices were obtained and the data was downloaded in the presence of Lieutenant Colonel Khumalo, who then left with the devices.
“IDAC is not involved in any investigation relating to Molefe. With regards to Vusimusi “Cat” Matlala (Matlala) IDAC's only interest arose out of a section 27 referral from SAPS with regards to the unlawful awarding of a tender to his company, Medicare 24, and allegations of collusion and corruption with Matlala and some SAPS officials. IDAC did get cyber search warrants for the cell phones and electronic devices of Matlala. These were presented to IDAC by a Lieutenant Colonel Khumalo. The data was downloaded in his presence and he left with the devices.”
Mr Molefe was admitted to Groenpunt correctional facility, despite initial uncertainty if he was registered there as an awaiting trial detainee.
“Mr Mkhuliphi ... to enquire whether Mr Molefe had been admitted at that facility... he came back to me ... to confirm that Mr Molefe is indeed in the facility registered”
The visitor was unable to see Mr Molefe personally but was allowed to deliver clothing which would be handed over to him later.
“he told me that it is late after hours and that he could not accept my food delivery to Katiso and he will not allow me to see Katiso but he will take the clothing and hand it over to Katiso”
The visitor denied attempting to interfere with the detainee's case and stated their conduct was a personal and humanitarian act to assist their sister.
“I denied that I attempted to interfere in any manner... My conduct was limited to assisting my sister by facilitating the delivery of clothing to her husband while he was in custody. This was a personal and humanitarian act”
Brigadier Nkwashu disclosed openly to prison officials on 9 December 2024 who he is and disclosed the relationship with Mr Molefe, but Mr Molefe later denied knowing Nkwashu as a relative when interviewed by the prison head Mr Nkoli on 10 December 2024.
“On paragraph 30 : " I alluded to the fact that the Commission has evidence from the prison head, Mr Nkoli , that on 10 December 2024 , the day after my first visit in Groenpunt , he interviewed Mr Molefe and asked him whether he was related to me or not . According to Mr Nkoli , Mr Molefe said he was not my brother-in-law and did not know me as a relative ." ... I disclosed openly to the prison officials on the 9th of December who am I . And I disclosed it in my main statement .”
Fundiswa had a conversation with Brigadier Nkhwashu about meeting Mr Molefe, whom Brigadier Nkhwashu had only heard about in 2005 and never met before 2024.
“you say that in this meeting she then had a conversation with you about meeting Mr Molefe . ... Now , when this happens , you had not met Mr Molefe at all . And , in fact , on your version , you had only heard about him in 2005 .”
Brigadier Nkhwashu found the request to meet Mr Molefe strange given that the couple married in 2021 but the request came in 2024; he conveyed this feeling to Fundiswa.
“did you find it at all strange that this request was coming in 2024 when they got married in 2021 and you started knowing of him and his intention to marry in 2005 ? ... Of course , Advocate , I find it strange . ... Yes , of course . As we were discussing , I asked politely ... I said , oh , okay . It is fine .”
Brigadier Nkhwashu stated that Mr Molefe was married but divorcing his wife, which was the reason he was no longer considered a married man, which made Brigadier Nkhwashu willing to meet him.
“Is he no longer married ? No , no , no , he is divorcing with his wife . So , he will come and confirm it to you . So , he is no longer a married man . So , I said , oh , okay . It is fine .”
Brigadier Nkhwashu knew Mr Molefe only as a businessman and had never checked or asked about him prior to the meeting.
“outside of what you know of him , which is he is a businessman and he was married , did you know anything else about Mr Molefe ? ... And had you checked on Mr Molefe , who he is ? ... Or asked anyone about him ? ... No , no , not at that stage”
During the meeting with Mr Molefe, the conversation was very general and included his business interests and the security sector.
“the two of you , you say , talked on very general terms , you say ? ... Including that he told you about his various business interests and the security sector .”
Mr Molefe discussed with Brigadier Nkhwashu a tender for security services at Machabeng, potentially involving Brigadier Nkhwashu after retirement.
“he told you about this various business interests and the security sector . ... He had a tender . I think you said Machabeng . ... It is a multi-billion tender , and I am needing three security companies to be in this particular area . And as you say , you are nearing retirement . I think it can assist you in your retirement , if you choose to .”
Brigadier Nkhwashu was still cautious and wary about the meeting with Mr Molefe despite the tender opportunity presented.
“I was still cagey as to exactly why did he want to come and meet me . Because he was just telling me , introducing himself , telling me his upbringings , going to school , and he is a businessman ...”
Brigadier Nkhwashu did not convey any discomfort experienced in his meeting with Mr Molefe to Ms Nyangule at the time, but only at a later stage after the Stokvel meeting.
“No. I did not at that time, Advocate, but at a later stage.”
Brigadier Nkhwashu was triggered to recall a conversation with Mr Molefe regarding bail because police officer Michael Tau was involved as a suspect being escorted.
“What triggered my recollection about that is when they said we were escorting this suspect where specifically this police officer, Michael Tau, is involved and is one of the suspects.”
Brigadier Nkhwashu expressed discomfort with Mr Molefe approaching him about job opportunities and bail issues linked to his brother-in-law.
“you confirmed to Commissioner Baloyi that ultimately you thought this was the nub of Mr Molefe's meeting with you... you were also uncomfortable with this.”
Commissioner Baloyi pointed out that Brigadier Nkhwashu's account of meeting Mr Molefe was incomplete without knowing the identity of the person arrested and case details, indicating a missing link in the narrative.
“It has to be that when Mr Molefe met with you, he did mention who the person was, what the case was about... Otherwise this account has got holes... There is something that is missing in your account, especially of the discussion with Mr Molefe.”
Commissioner Baloyi emphasizes the importance that Michael Tau was specifically mentioned in conversations linking Mr Molefe and Brigadier Nkhwashu, or the context does not make sense.
“Michael Tau... you do not get triggered in a vacuum... Otherwise this account has got holes...”
Brigadier Nkhwashu acknowledges the puzzle of how Michael Pule Tau, a friend of Mr Molefe and involved in the Armand Swart case, was arrested and why his name came up in discussions relating to bail and job opportunities.
“This friend of mine... happened to be Michael Pule Tau... arrested with Katiso... really agree with you the way you perceive it.”
Commissioner Baloyi struggles to understand Brigadier Nkhwashu's account connecting Michael Tau and Mr Molefe without explicit linking details, making the narrative incomplete.
“I am struggling with the account... How you get to connect the two...”
Commissioner Baloyi highlights missing specifics about the arrested suspect being a police officer and the relation to the Armand Swart case as gaps in Brigadier Nkhwashu's account.
“if he does not mention a connection to Molefe, who is your brother-in-law, or if he does not say the suspect is connected to Molefe, or that it has to do with the Armand Swart case...there is just missing information that makes your account incomplete.”
Brigadier Nkhuwashu denies knowing that his brother-in-law was willing to pay bail for the accused prior to the information being shared by Mr Molefe.
“I also want to know, how did he know that my brother-in-law is willing to pay that bail equally to how much is going to be affixed?...I also want to know, Commissioner.”
Brigadier Nkhwashu confirms it is likely he discussed bail with Mr Molefe more extensively than publicly acknowledged and had a social conversation which may have been misunderstood.
“I do not deny 100% that I could have said more to what is captured but I really do not remember”
Advocate Pooe suggests it is probable that Brigadier Nkhwashu discussed more with Mr Molefe about the bail matter than he has revealed, likely involving requesting or hinting to Sergeant Tshukudu to get information from Witness B.
“it is more probable that you discussed far more with Mr Molefe about this matter than you care to tell us”
Brigadier Nkwashu felt uncomfortable after meeting Mr Molefe in June 2024 and believed the meeting was orchestrated specifically for Mr Molefe to discuss a request he made at the end of the meeting, involving using potential work opportunities to entice him.
“You were uncomfortable. And in fact, you say you had the sense that the meeting was orchestrated specifically for him to talk about that request that he made at the end. And in particular that he was using the work opportunities, potential work opportunities, as a way of enticing you.”
Brigadier Nkwashu did not meet Mr Molefe only once before his arrest but recalls about three interactions with him prior to arrest, including meetings, but no telephone conversations.
“What I can recall, Commissioner, is that I met him, I think, perhaps I can recall of three times that I have met him. ... That is before he was arrested. ... No [telephone communications].”
Mr Molefe, who is linked by friendship to an accused police officer charged with a serious crime, had discussions with Brigadier Nkwashu about a bail issue and a security job.
“a man who is linked, even if it is just by friendship, is linked to someone who is accused of serious crime... and you have your suspicions about this attempt to, his discussion with you about a security job.”
Brigadier Nkwashu had suspicions about Mr Molefe's intentions and was told Mr Molefe was charged with conspiracy to murder in relation to the matter he wanted intervention in.
“you know, you have had suspicions of Mr Molefe's intention... he is charged in the same matter he wanted you to intervene in.”
Brigadier Nkwashu did not initially believe Mr Molefe when Mr Molefe told him he was not involved in the conspiracy to murder and that it was a false allegation.
“I am not involved in this matter, it is just a false allegation, do not worry, I will overcome this... No, I never believed him. I will not be believing him anymore this time.”
Fundiswa called Brigadier Nkhwashu in February to accompany her to see Katiso, and Nkhwashu's explanation for the second prison visit was seen as unsatisfactory given Molefe's serious criminal charges.
“Fundiswa called you and said, I am coming up ... I am going to see Katiso, so please pick me up and go with me ... why did you not remain in the car ... you are a senior police officer ... Why are you associating with someone accused of such serious crimes?”
On 9 December 2024, Brigadier Nkhwashu called Mr M Khaliphi at 13:24 to ask for permission to bring clothes to his brother-in-law who was arrested and remanded to Groenpunt Prison after appearing in Vereeniging Court.
“On the 9th of December, he received a call from you at about 13:24 to ask for permission to bring clothes to his brother-in-law, who was arrested at an airport the same day, the 9th of December 2024, and appeared at the Vereeniging Court and was remanded to Groenpunt Prison”
Brigadier Nkhwashu refutes Mr Khaliphi's statement that he called to ask for permission to bring clothes on the arrest day at the airport, stating Molefe was arrested earlier on 6 December at his residence, not at the airport on 9 December.
“that was not true because we know that Mr Molefe was arrested on the 6th at his residence”
Brigadier Nkhwashu acknowledges that Mr Molefe was remanded to Groenpunt Prison after appearing in Vereeniging Court on 9 December and denies informing Mr Khaliphi that Molefe was arrested at the airport that day.
“he was remanded to his prison after the appearance in Vereeniging Court on the 9th... I could not have called and told the Area Commissioner that this brother-in-law of mine is arrested in the airport... I knew that he was arrested on the 6th”
Brigadier Nkhwashu confirms he told Mr Khaliphi that Mr Molefe appeared at Vereeniging Court that day and was remanded to Groenpunt Prison; this is the important aspect and correct version.
“you told Mr M Khaliphi that Mr Molefe had appeared at Vereeniging Court that day and was remanded, that is the important part, remanded to Groenpunt Prison, you said that”
Brigadier Nkhwashu and Fundiswa knew Mr Molefe was remanded to Groenpunt Prison after court and therefore knew where to deliver clothes and food, contradicting a misleading statement in paragraph 49 of his statement.
“You already knew in the same way that Fundiswa knew where he was and could have taken the food and the clothes to him... Your involvement was not because she does not know where to find him. She knew where he is. You knew where he is.”
Brigadier Nkhwashu explains that upon remand following first court appearance, awaiting trial prisoners are sent to Leeuw Prison, but Mr Molefe's case was unusual as he was detained at Groenpunt Prison, which surprised all.
“it was different and we were all surprised why he was detained or incarcerated in Groenpunt”
Brigadier Nkwashu asserts Mr Molefe is a liar who cannot tell the truth and lies to his face, and prefers to believe official statements rather than Mr Molefe's.
“Mr Molefe is, according to me, a liar. He cannot tell the truth. And he lied to me in my eyes.”
Mr Molefe may have regarded his relationship with Brigadier Nkwashu as merely a business relationship rather than a familial one, and wanted to use him for purposes related to bail and security matters.
“maybe after all, he had no interest and he never considered you or perceived you as his family and brother-in-law, but in fact as a person that would be useful to him for purposes that we have seen... to help out with the bail issue”
Sergeant Nkosi states that his statement was about passing by Mr Molefe's to take the items to Harley-Davidson, but in reality he did not actually take them to Harley-Davidson because he never reached it before going home.
“I said I passed by Mr Molefe to take those things to Harley-Davidson ... but there was no way I got to Mr Molefe on the past four, Harley-Davidson is closing at four, and then I will take it even to, this is what I put my statement”
Sergeant Nkosi stated that he was driving a state vehicle on 27 November 2024 when he was at Mr. Molefe's house, but denied using state vehicles for private errands.
“When you were at Mr Molefe's house on the 27th of November 2024, you were driving a state vehicle, correct? That is correct. ... We do not use state vehicles to do errands, but it was on my way.”
Payments related to bikes include transfers and EFTs, some sent via WhatsApp by Mr Molefe, and one EFT for 150,000 on 9 December 2023.
“The last payment I can find is an EFT for 150,000 on the 9th of December 2023 ... It is the only WhatsApp in all of these that is sent to you from Mr Molefe”
The 200,000 cash was given to Sergeant Nkosi by Mr Msibi to buy a bike for Mr Molefe.
“The money was from, Mr Msibi gave me cash ... So Mr Msibi gave you cash to buy a bike for him or to contribute to Mr Molefe's bike? ... Okay, it has been done like this. Mr Msibi will give me money.”
Payment of R310,000 was sent on 9 December 2023 with the message "Nazo" attached, which was the only deposit slip with a message attached.
“You sent the message Nazo together with the deposit slip ... That is the only deposit slip that has any message on it ... I think it was with regards to the payment of the bike.”
Sergeant Nkosi bought four bikes, one each for Mr Molefe, Mr Msibi, Mr Mthakathi, and Mr Motsumi.
“As I understand it, you bought a bike for Mr Molefe, a bike for Mr Msibi, a bike for Mr Mthakathi, and a bike for Mr Motsumi. Four bikes. ... That is correct.”
Mr Molefe's bike cost about R798,000 and was partially paid in cash with documented deposits from August to December 2023.
“Doyou remember how much it cost? 798. ... So I have been through your WhatsApp's and I have extracted all of the bike payments I could find ... Starting 8th Oct ... R100,000 cash ... 23rd of May 2022 ... R200,000 cash ... 16 Oct 2023 ... R700,000 ... 18 Nov 2023 ... R200,000 cash.”
The address given was that of an officer investigating Mr Matlala and Mr Molefe, but Sergeant Nkosi denied knowing this at the time and not making a follow-up.
“this address, as you well know, is the address of an officer, the home address of an officer, who was investigating Mr Matlala and Mr Molefe . Do you deny that you knew that? ... At that time, I did not know. I only knew that when this information was provided to me by the Commission. But at that time, I did not know, nor make a follow-up on it.”
Sergeant Nkosi denied leaking information to people unhappy with the investigating officer's inquiries into Mr Matlala and Mr Molefe.
“there are several people who were not happy with what this officer of the SAPS was doing in his investigations ... And if you were leaking information to those people, you would have a huge incentive to lie about what you were doing. ... That is not true.”
Lt-Gen Shibiri stated that the reason for reporting to 'the family' was that they were the ones who called General Sibiya complaining about not knowing the detention status of Mr. Molefe.
“They are the ones who phoned him... they wanted to know where, they were complaining about not knowing where he is detained.”
Lt-General Shibiri states he informed and shared information about a group of five individuals involved in mining rights, including Mr Molefe and the deceased Mr Mswazi.
“I agree with the statement to say, yes, I informed, and I shared information with him to say that the same person, I got information that he was working with somebody, and they were a group of five and they are having mining rights, yes.”
Lt-General Shibiri was told by a source that three arrested persons previously worked for Mr Mswazi as contract killers and that a person arrested with Mr Molefe was also working with Mr Mswazi and others, involved in mining.
“The source indicated to me that they arrested three. They previously worked for Mr Mswazi as contract killers. And later on ... I got further information that this person was working with Mswazi and the other people, and they were also involved in mine.”
Advocate Segeels-Ncube clarifies that the information wanted was not for the family but for General Sibiya's side, specifically evidence against Mr Molefe leading to his arrest.
“The other side, General Sibiya's side, and the information that they wanted was the evidence against Mr Molefe. That is what they wanted. That is the reason for the arrest. It is not the charge. It is the reason for the arrest. You wanted to know what evidence they have.”
Advocate Segeels-Ncube responds that the information wanted was not for the family but for General Sibiya's side, specifically evidence against Mr Molefe, which is the real reason for the arrest beyond the charge.
“The other side, General Sibiya's side and the information that they wanted was the evidence against Mr Molefe. That is what they wanted. That is the reason for the arrest. It is not the charge. It is the reason for the arrest.”
The witness explains personal concern and anger over being asked to relay the reason for Mr Molefe's arrest when the information was already public knowledge and involved a serious charge of murder.
“I responded to him in a bad way ... I am also here because of this issue ... why would it concern you that he wants it for the other side ... what about that would make you angry?”
Advocate Segeels-Ncube suggests the witness had difficulty telling General Sibiya that Mr Molefe was arrested for murder, and questions why the witness would be angry about such straightforward information.
“Why would you have difficulty...telling him yes, he has been arrested for murder ... if that is all you wanted to know and that is all you needed to report to General Sibiya”
Lieutenant General Sibiri explained the complaints involving Mr Motsumi pertained to construction in Reiger Park and mining in Brits, but he does not know if Mr Motsumi has any relationship with the late Mr Mswazi or Mr Molefe or other members of the group of five.
“The complaint in Reiger Park was construction ... The complaint in Brits was mining ... I do not have knowledge ... I do not know if Mr Motsumi had any relationship with Mr Mswazi ... or Mr Molefe or other members of the group of five.”
A senior SAPS official named Brigadier Nkhwashu, who was not actively involved in the murder investigation, visited a prison facility and accused Mr Molefe of a serious crime.
“Brigadier Nkhwa shu had attended at the prison facility on 9 December 2024 and introduced himself as the brother-in-law of Mr Molefe.”
Brigadier Nkhwashu told prison officials that Mr Molefe was arrested at the airport and was not in possession of clothes or food, and therefore wanted to see the suspect.
“The Brigadier allegedly informed the prison officials that the accused, Mr Molefe, was arrested at the airport and was therefore not in possession of any clothes or food. He therefore wanted to see the suspect.”
On 10 December 2024, Mr Nkoli, Head of Groenpunt facility, asked accused Mr Molefe if he was related to Brigadier Nkhwashu, and Mr Molefe denied any relation.
“On 10 December 2024 the Head of Groenpunt facility, Mr Nkoli, went into the accused cell to ask him if he was related to Brigadier Nkhwashu. Mr Molefe said that he was not related to Brigadier Nkhwashu.”
Advocate Khumalo SC reported that the person arrested, Mr Molefe, was a business partner with a group of people involved in mining interests in Brits and Rustenburg, and they were sharing information to assist ongoing investigations.
“the arrested person, being Mr Molefe, was business partners with these people I am mentioning and they have mining interests and that was information which I got and also somewhere in Brits”
Lieutenant-General Shibiri denied during evidence that Mr Molefe was part of a cartel; rather he said Mr Molefe was involved in a group of five individuals with business interests in mining.
“I never talked about a cartel. I said the person arrested, he was involved with a group of five and they have business interest when we were talking on the phone, and I also testified now. So, my denial was about that one.”
Lieutenant-General Shibiri linked a series of murders, including the Armand Swart murder, to violence within the taxi industry and to contract killers previously working for Mr Mswazi.
“I was referring to the murders happening from that particular group. So, I was thinking their link is about taxi violence... after Armand Swart murder happened, and then this person, Molefe arrested, and these people who were contract murderers from the taxi industry side...”
Lieutenant-General Shibiri said information indicated Mr Molefe is linked to the deceased Mswazi and the arrested suspects accused of murder in December 2024 are linked to him.
“And now that person that gets accused of being involved in the murder in December 024 and is arrested is Mr Molefe, who you say originate from the deceased Mswazi...Information I got says so.”