Emails dated 283 and 284 in the record (MK15) were specifically referred to as the complaint from Mr Adams to the Minister of Police, describing opened cases and intercepted dockets and requesting a report to be filed by 4 November 2024.
“... And from Mr Adams. If you look overleaf at 284, ... hastily ask for the Minister to intervene and ensure the integrity of investigative processes. ... if you go back to 283, then we see communication from Mr Nkabinde to Major General Sebola, referring this complaint and requesting a report be filed with the Minister or the Minister's Office by Monday, the 4th of November. ...”
ADV Mosikili submitted that a nickname of a person referenced in Mr Nku's statement should not be redacted as it is relevant and has been mentioned by other witnesses including Chief Mashaba and Colonel Sebola.
“my submission would be that that name , first of all , is quite relevant and connects the dots . And without any reasons being given why that name should not be mentioned , we should not protect the name without any basis . ... it is out there in the public any way , the nickname that I seek to refer to .”
During August 2021, Lieutenant Colonel Sebola requested an analysis of cellphone data linked to suspects involved in a drug case related to the Booysens CAS investigation.
“During the month of August 2021, I was asked by Lieutenant Colonel Sebola, who was then a Captain, Captain Sebola, where he requested that I do an analysis on the data extracted from handsets to determine if the suspects are in any way linking to each other and to the crime that they were charged to be as per Booysens CAS.”
Chief Mashaba feels dismissed as his statements and footage obtained by Captain Sebola are not being considered, denying him a fair chance to explain the events of the scene.
“I do not know why do you crush or dismiss me when I say I become happy when we talk the scene, because we know that Sebola obtained a video of footage, we know. So I am being dismissed, the video of footage has been dismissed, and we know that is where the truth is. So whatever that will be asked about the scene, I will still be not listened to because I am also saying, please, can we get the video of footage. I am being dismissed, so ...”
The speaker and others were arrested by a DPCI Hawks team led by Brigadier Sekgobela and other senior officers, detained harshly in Booysen until July 12, 2021, and denied visits and necessities per instructions from General Kadwa.
“At around half past 1, 13:30, we were arrested by DPCI Hawks team that came last at the crime scene. These were Brigadier Sekgobela, Colonel Steyn, Colonel Maluleka, Captain Sebola, Captain Nortje. They arrested us and took charge of the scene... After the arrest, we were taken to Booysen Police Station for detention and was detained at around 19:30 until Monday the 12th July 2021... We were treated very bad during detention in the cells and we were told as per General Kadwa's instructions that we are not allowed to be visited, where the toilet was not even working and nothing was allowed from our families outside, food, toiletries and water.”
Captain Sebola could not answer or rebut questions about arrest circumstances raised by the Magistrate, including whether drugs were weighed and the method used, suggesting that the arrest was rushed or made prematurely.
“Captain Sebola could not answer or rebut the suggestion”
Cases Booysen CAS 252/10/2021 and Booysen CAS 52/10/2021 arose from the arrest and detention by General Khan, General Kadwa, Brigadier Sekgobela, Captain Sebola, Captain Nortje, Colonel Steyn, and the Gauteng DPCI team.
“Booysen CAS 252/10/2021 ... Booysen CAS 52/10/2021 case emanates from our arrest and detention by General Khan, Crime Intelligence, General Kadwa, Brigadier Sekgobela, Captain Sebola, Captain Nortje, Colonel Steyn, and the Gauteng DPCI team”
On 2023-06-05, letters requesting warning statements from alleged suspects General Kadwa, General Khan, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola were drafted, containing allegations and questions that the suspects must answer, with a deadline of 2023-06-22.
“On 2023-06-05, the letter requesting warning statement from alleged suspect mentioned by the complainant were drafted . The request for warning statement was for General Kadwa , General Khan , Brigadier Sekgobela , Colonel Steyn , and Lieutenant Colonel Sebola . The letter had the allegations and questions that they must answer . They were requested to submit their warning statement on or before 2023-6-22”
On 2023-06-07 and 2023-06-08 various letters requesting warning statements were hand-delivered to the Crime Intelligence Office in Pretoria for General Khan and to Germiston DPCI office for General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola.
“On 2023-06-07 , the request letter was hand-delivered to Crime Intelligence Office in Pretoria for General Khan . On 2023-06-08 , the other request letter was hand-delivered at Germiston DPCI office for General Kadwa . On the same day , the other letter delivered at Germiston DPCI for Brigadier Sekgobela , Colonel Steyn , and Lieutenant Colonel Sebola”
UNATTRIBUTEDDay 116 · 09 Jun 2026Refers to: 2023-06-07 to 2023-06-08Location: Pretoria, Germiston
Warning statements from General Khan, General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola were obtained from IPID offices between 2023-11-15 and 2024-02-06.
“On 2023-11-15 , warning statement of General Khan was obtained at Crime Intelligence office . On 2023-11-27 , warning statement of General Kadwa , Brigadier Sekgobela and Colonel Steyn were obtained at IPID offices . On 2024-02-06 , warning statement of Lieutenant Colonel Sebola was obtained at IPID offices”
UNATTRIBUTEDDay 116 · 09 Jun 2026Refers to: 2023-11-15 to 2024-02-06Location: Crime Intelligence office, IPID offices
Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola are suspects recommended to be prosecuted in relation to the Booysen CAS 252/10/2021.
“You confirm that the suspect that you maintained should be prosecuted here, are those suspects appearing on the subject of suspects, which is Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola.”
The investigation regarding the prosecution decision on Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola is complete with all necessary statements and reports attached for consideration.
“The investigation is complete and all necessary statements / technical or expert reports are attached in the docket for your attention in accordance with Regulation 5 (1) of the IPID Regulations ...”
Brigadier Sekgobela was present at the drug bust crime scene and gave an account of her involvement, which was considered by Assistant Director Maphosho who questioned recommending her prosecution.
“She got to the scene, the kind of things that she did. Why do you recommend her prosecution? And her statement, it is at page 120 of your file. ... She explains what she did. ... She says it was evident the crime scene was not handled properly.”
A negative recommendation was sent to SAPS to initiate disciplinary proceedings against members involved, including Major General Khan, General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Colonel Sebola.
“a negative recommendation was sent to SAPS to initiate disciplinary proceedings against the members involved. Then I mentioned the members, Major General Khan attached to Crime Intelligence, General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Colonel Sebola”
Lieutenant Colonel Sebola arrested complainants without explanation of drug recovery, contravening Regulation 5(3)(t).
“Lieutenant Colonel Sebola arrested the complainants based on the auspices that they failed to explain how they recovered the drugs and Regulation 5 (3) (t) also applies.”
Threema messaging app does not keep messages and permanently deletes messages after they are sent.
“Threema messaging application uses encryption, open source technology, and does not require an email or phone number to sign up. It protects your metadata and permanently deletes messages after they are sent.”
Screenshots are used to capture messages in Threema because the app deletes messages permanently after sending.
“One will need to either save it on its screenshots so that it can forward it to the next person. So that is why it was saved on Mashaba, on Tumelo Nku's phone, because he wanted to relate what is in the message to the other person”
The literal phrase 'sent' means the permanent disappearance of messages on the sender's and receiver's device, subject to the recipient reading it first.
“That is why there receiver ... I am the sender. I am sending it to the Commissioner. The Commissioner must read it and it is gone with him. ... It deletes the connection between me and the person who is receiving. ... It is just like a view-once ... It has not yet been tested, but the belief is it cannot disappear. It must still remain with me.”
The chats and communications between 1st and 8th July relate to the Booysens shipment investigation and include information about drug shipments and piers at the harbour near Aeroton.
“based on the investigation that we have done, I know what was communicated in here”
Certain chats and information crucial to linking conversations about Aeroton were not included in the presented report because that information could not be traced back anymore.
“I was told that certain information cannot be traced back again now”
Lieutenant-Colonel Sebola expressed disagreement with the findings that the police officers' arrests were premature in the context of drug dealing and possession of drugs but accepted the criticism about their purpose interfering with the end of justice.
“premature in terms of, but in terms of their purpose of trying to defeat the end of justice, I am still against these findings”
Lieutenant-Colonel Sebola defines alibi as per Section 36 and 7 of the Amendment Act relating to possession of certain properties and the giving of information regarding possession.
“I know for sure it is Section 36 and 7 of the Amendment Act with regard to certain properties, ... That is the alibi that I can follow”
Lieutenant-Colonel Sebola personally contacted Colonel Chauke to obtain information about Warrant Officer Magane's whereabouts and performance of duties but was told Colonel Chauke did not know of Magane's whereabouts.
“I even communicated with ... Colonel Chauke, ... He said he does not know the whereabouts of Magane, but Magane is supposed to be in the office”
Lieutenant Colonel Sebola investigated the matter and found that Warrant Officer Magane falsely claimed to have called someone from the office on 9 July 2021.
“The only office people that he called, the very same job was never called on that day ... if he is telling ... he was called by Magane, that I will say was definitely lying”
Lieutenant Colonel Sebola contended the 10-day delay in taking Chauke's statement was mainly due to workload and that the delay does not justify changing what was told initially on the phone.
“Based on the volume of work that we had ... Even if I delayed, I think that does not give him the right to change what he told me ... But the delay is only for 10 days ... I am saying this comment to me, based on the volume of work”
Colonel Sebola disagrees with the NPA's reasoning for not prosecuting, saying the reasons are unfair and indicate they overlooked critical facts in the docket.
“I do not agree with it... They were not dealing with all these material facts within the dockets... The reasonings are not fair... Very unfair... That they overlooked critical things”
Lt-Col Sebola alleges repeated interference in investigations, citing instances at OR Tambo airport where confiscated money was forcibly returned to owners despite being false.
“At one stage, we were forced to return what we confiscated there, back to the owner... We confiscated the dollars at OR Tambo... We were instructed to give that money because it was false”
Lt-Col Sebola states some senior or general officers may be fixing investigations rather than assisting them, particularly regarding the Aeroton drug bust.
“some of our seniors or our Generals... we cannot even understand whether they are assisting or they are fixing, going back to Aeroton... there is a lot of interference”
In the Aeroton drug bust, senior officers may be frustrating a successful prosecution rather than assisting it.
“the role of senior officers... you form the view... whether they are assisting you or seeking to frustrate a successful investigation of that matter? That is what I am saying”
People implicated in organized crime have been identified and linked through cellphone communications, but investigations have stopped or not progressed.
“people have been identified... through cell phones... screenshots taken from Transnet in KZN... investigation towards that, since then it has stopped”
Law enforcement officials conduct roadblocks specifically aimed at stopping drugs, where drivers like Sebola cooperate and only have access to invoices but not the content of truck consignments.
“There have been incidents along the entry where they will stop these drugs... They want to know the person ... the driver ... he only have the invoices ... he does not know the content”
In Lt-Col Sebola's experience, Crime Intelligence personnel do not become involved in operations if they are on the scene; they only supply information via reports or files to start investigations.
“They only supply us with information. If it is prior, they will give me their intelligence report. They can either submit an intelligence report on writing, they will just give you a file to start my investigation. If they happen to be at the scene, I do not know, they do not have any role to play.”
SA NCB drug unit officers, who specialize in drugs, take over crime scenes from initial responders who lack drug expertise, and provide confirmation about suspected drugs.
“The reason why we are called to the scene first, we are specializing in drugs. Once they say drugs are involved, we are the team that can deal. When they say, when you arrive at the scene, you suspect something, call the necessary people. We are, in fact, we are amongst the necessary people. We are the one who can say, yes, indeed, we can confirm these are the suspected drugs.”
There was confusion about which officers had custody of the scene: first two accused Officers Mashaba and Magane were initially in charge, but later Officer Phakula claimed to have taken over from them, which LT-COL Sebola denies.
“Mashabaan and Magane arrived first. ... It was never [the case that Phakula was in charge].”
Jolene Wentzel informed LT-COL Sebola that the officers identifying themselves as Crime Intelligence Hawks had no official recognition, and their claim was based only on flashing police emblems.
“When I got informed by Jolene, he says these people, they are identifying them as Crime Intelligent Hawks. This was his explanation. Then I said we do not have such. We cannot have Crime Intelligent Hawks.”
Officer Magane was blocked from leaving the scene by a police van while he was sitting in the driver's seat of a black Nissan bakkie loaded with black sports bags; Magane called for assistance from Officer Rikhotso and others.
“I then approached the driver of that black Nissan who was seated in the bakkie and identified himself to me as Warrant Officer Magane. The bakkie was driving out of that scene. ... He blocked. Then he called, I understand, that is when he called Rikhotso and others.”
Lt-Col Sebola confirms that only Magane and Mashaba were the first police officers on the scene, and they were blocked from leaving by Ndou and his colleague.
“That is correct, Commissioner. They are the one who blocked. There were no other police that I was told that they give such instruction to, either to stop or to drive out.”
If Magane had left the scene with the bakkie loaded with the drug consignment, there would have been nothing to investigate because the illegal drugs would have been removed from the scene.
“Commissioner, we will remain with nothing to investigate, because if that bakkie was, when we ... The drugs were not there also.”
The only thing inside the container at the scene was the Scania caps, nothing illegal was found.
“The only thing that we were going to find inside that container it was the cap, the Scania caps. So, there was nothing illegal to investigate for us.”
At the Scania Aeroton gate, Magane and Mashaba showed appointment cards and introduced themselves as officers following information about drugs being transported from Aeroton to Scania.
“Whilst I got out of the vehicle I was approached by Warrant Officer Magane by showing his appointment card and who introduced a traffic officer named Mashaba and told me that they were following information in regard to drugs from Aeroton to Scania, Aerotons since yesterday...”
The truck at Aeroton suspected to be hijacked was actually being escorted by police and was not hijacked; drugs were found inside the truck and the driver will be arrested; only one suspect was identified.
“at that complaint, Aeroton truck hijacking, the truck was not hijacked. The truck was being escorted by the police. They suspected that there was something wrong under the truck and the truck was open and found drugs inside. The driver will be arrested. There is only one suspect.”
Lieutenant Colonel Sebola informed Colonel Ludick that something sinister was happening involving members who were not assisting in arresting the suspect.
“I was just informing him that something sinister is happening here . And then , at that time , we have not yet opened the bags . We have not yet offloaded the bags . We have not yet cordoned the scene . I am informing him something wrong is happening . Our members are involved in other things that is not aimed at assisting us to arrest the suspect”
Lieutenant Colonel Sebola suspected that members about to leave were defeating the end of justice.
“... I can conclude by saying , by leaving that area , Colonel Ludick , these people , they are defeating the end of justice . We are not going to get whatever we wanted to”
Lieutenant Colonel Sebola testified that the person who loaded the bags onto the bakkie was not supposed to do so and should not have offloaded them to preserve the integrity of the consignment being investigated.
“... the person who loaded those bags was not supposed to load them in his bakkie . That is the first thing . And the second , he should even not have offloaded them from the container , if he wanted to maintain , to retain the integrity of the same consignment we are investigating”
Lieutenant Colonel Sebola stated that none of the bags were opened to substantiate allegations that they contained drugs, placing his life in danger.
“... looking at these bags , none of it has been opened to substantiate what we are saying , the allegation of saying these are drugs . Can you not see that you are putting your life in danger ?”
Lieutenant Colonel Sebola opined that if the bags offloaded contained explosives, it would have been a very serious scene if they exploded.
“Let me assume that the same bags that were offloaded are explosives , we were going to be faced with a very serious scene if those explosives exploded here”
Lieutenant Colonel Sebola explained that he questioned why a person who claimed not to know drugs would have loaded the bags, a claim the person could not explain.
“His action there were not supposed to be that . I can even substantiate to say he did not know . He explained to me , do you know drugs ? I interviewed him , do you know drugs ? He said no . Then why did you load the bags ? He cannot explain”
Lieutenant Colonel Sebola gave detailed testimony about the packaging of drug bricks, including use of plastic wrap, branding indicating the originating cartel, and sealing with black masking tape.
“Having knowledge of drugs , more especially Cocaine , and the state at which that bags were sealed , ... The bricks have been wrapped with this plastic that normally you use to wrap foods . In fact , there is a process ... they put their emblem on top , ... must identify it with the branding , that this comes from this , I do not know whether I should use , this comes from this cartel , your drug cartel . There were some with Red Bull signs ... which means where they were packaged . ...”
Lieutenant Colonel Sebola stated that none of the bags were opened upon arrival at the scene to confirm they contained drugs and used a pin to open one bag to visually confirm powdery substance suspected to be cocaine.
“When you got to the scene and you saw these bags on the back of this bakkie , was any one of them open ? None . They were still in their original position from where they were sealed . ... I used a pin , pressed it there , when it came out ... Yes , shiny”
Lieutenant Colonel Sebola requested police in uniform, including Sergeant Phume (now Warrant Officer Phume), to take care of the BMW vehicle and remove the driver.
“Then , I requested police in uniform , together with Sergeant Phume , now Warrant Officer Phume , to take care of the vehicle and get the driver out of that vehicle”
Warrant Officer Phume was asked to get the driver of the BMW and interview him, and LT-COL Sebola interviewed the drivers of the red Kia, Phakula, and Mashaba one-on-one himself to understand their actions at the scene.
“I interviewed them one-on-one myself so that is to acquaint myself with their presence at the scene, their action at the scene.”
It is strange for an officer attending a scene not to call their own station for backup; this protocol requires officers to identify themselves properly to enable others to verify their status.
“Is it not more than just strange? I thought there is a protocol that requires you to identify yourself properly ... It is an operating procedure, to say. Wherever you go, the first thing that you do ... identify yourself properly to the people that you are, because we are not working in uniform ... It is difficult for anyone to identify me.”
Lt-Col Sebola indicated that point E on the sketch plan was a red car, B was the black bakkie where drugs were loaded, and A was the truck, all cordoned off.
“point E was the red car , which was parked in front of a container . B was the black bakkie where the drugs were loaded , and A was the truck”
Lt-Col Sebola emphasized the importance of not contaminating the crime scene to preserve DNA and fingerprints for elimination purposes.
“The possibility that we must get the DNA from those packaged stuff had you left the scene in its original state . ... If I touch , when they check the fingerprints , should they come across mine , they will know that this was the person who was at the scene . Then we do elimination .”
Lt-Col Sebola denied that he or his team ultimately ordered the cordoning off of the scene, stating that Phakula's testimony to that effect was a lie.
“Phakula testified yesterday that he ordered the cordoning off . Just to confirm that you deny that it is your team that ultimately did it . ... He would be lying”
Colonel Sephungu was informed about Warrant Officer Phakula's working protocol but responded with a distracting engagement.
“I even informed his Colonel Sephungu. Told them both. I had an engagement with Sephungu, but that was a destructive engagement by him. Because he was trying to distract.”
Colonel Sebola indicated to Colonel Steyn that he needed officers to offload bags which were looted in a Nissan bakkie, and that four male persons were interviewed leading to their arrest.
“Colonel Steyn indicated that Captain Nortje and Warrant Officer Morris will assist me in handling those bags looted in the Nissan bakkie. And whilst we were waiting for LCRC to come, I continued interviewing four male persons. That was pointed to me by Warrant Officer-that was pointed to me. That is Warrant Officer Magane, Phakula, Mashaba, and Tumelo Nku. The outcome of the interview led to the arrest of Warrant Officer ... of the four ...”
Colonel Sebola arrested four persons after concluding from interviews that they were dealing in drugs and attempting to defeat the ends of justice.
“Those were intended to defeat the end of justice. That was the first thing that I told them. I further said, should other investigation prove you otherwise, then you will be charged with possession, with dealing in drugs. Because of the magnitude and the originalit[y] and others, hereby you are not possessing. This is pure dealing. That is what I told them. ... Your actions of defeating to me suggest that you are also dealing in these drugs. That is when I arrived at that arrest.”
The bags contained approximately 23 kilograms of drug bricks, each brick weighing about one kilogram.
“The bags, there were about 23, but having different numbers of those brick-likes. The first bag ... it was containing around 23 bricks. Which, according to my knowledge, each brick was estimated to be a kilogram.”
LT-Col Sebola demonstrated testing one of the bricks with a pin, concluding that the substance was indeed drugs, which led to the arrest of the suspects.
“Then I took one of those bricks ... took a pin, pressed it on this, then I did that as demonstrated. You see, then now I can come to a conclusion ... I will say, you will be dealing in drugs. That is when I arrived at that arrest.”
Officers Machebe, Morris, and Nortje were responsible for offloading the bags under the scene management of LT-Col Sebola, who oversaw the opening of one bag demonstrating the contents to the suspects.
“Machebe, Morris and Nortje, they are responsible for the offloading. Everything that they are doing, I am now in charge, the scene manager. I am saying to them, there was one example of bag that was opened... I want to show this gentleman what is inside the bag ... Because they are clueless, they do not know what is in the bag. Then that is when ... that was opened.”
The seized drug bricks had branding markings including red bull and a seagull, which LT-Col Sebola had seen before in other investigations and interceptions at the airport.
“Yes, the red bulls some. Others, you can see there is an eagle. ... The branding is common in my investigation of drugs. I have come across them before. I have worked at the airport, intercepted some of these.”
Persons arrested for possession of drugs are generally unable to explain the destination of the drugs as the couriers only know the intended recipients who are ordinary persons unknown to the address owners.
“Most of the people that you are arresting... they will be charged with possession, but they are not able to explain where they are taking them to... The person, the intended recipient, will be just an ordinary person... the owners of the place, we will find them not to know the person”
A call was made to Lt-Col Sebola from an arrested person named Mashaba who wanted to speak to Brigadier Shibiri about an amicable solution; Sebola stated the arrested were under arrest and no such solution was possible.
“Mashaba, who is one of the arrested persons, made a call on his cell phone and he wanted me to speak to the person he was calling. And that person introduced himself to me as Brigadier Shibiri... wanted to know if there cannot be any amicable solution... And I said they are under arrest...”
Brigadier Shibiri phoned Lt-Col Sebola at the scene and ordered arrests to be made, following a call from Mashaba to General Kadwa, who was then called himself due to the dropped call.
“He said, no, he also phoned me. He wanted to know. Because when he was calling me... General Kadwa was said, he received... if the telephone, the cellphone records could state, it will show that it was Mashaba and then General Kadwa. Because he did not call me on my phone. He was phoned by Mashaba. After dropping the call, then he called General Kadwa... and when I was presenting on what looked suspicious.”
Lt-Col Sebola confiscated all cellphones from the arrested persons as part of his investigation at the scene, while Capt Nortje and Morris were recording the exhibits.
“We continued to process the scene and Captain Nortje and Morris were recording the exhibit and as part of my investigation, I confiscated all the cellphones of the arrested person.”
Lt-Col Sebola was always present when Captain Nortje and Warrant Officer Morris were counting and entering exhibits but did not participate in counting or packing the evidence himself.
“I must at all times be present when they are doing this. In the counting, in the entering, those exhibits... they were counting in my presence... I was not physically counting... I was not putting them in evidence bag.”
The number of solid substance blocks measured about 715, with a minor packaging counting discrepancy potentially explained by one block sticking to the side of a bag due to adhesive tape and submitted late to the lab.
“Those kilograms, as long as they are above 500... 715 is the number... one of the bricks got stuck onto the side of the bags... that it was taken and put together with the rest at a later stage... I think in the docket Captain Nortje brought me another statement to say this is an additional statement... affidavit by Mabasa that deals with the additional brick... explained if you look at page 310... they discovered that one of the bricks was stuck and they gave it to the DPCI, Warrant Officer Nortje... And that was taken a month later to the lab, bringing the count to 716.”
Lt-Col Sebola monitored the movement and submission of exhibits to Booysens SAPS and was informed that drugs could not be kept long at Booysens, and forensic had no space, necessitating arrangements for later submission to forensic.
“When I was submitting those exhibits... Captain Nortje informed me that... the Station Commander of Booysens does not want those drugs to be kept there for a long time. Then... Forensic is saying they do not have a space. They are making an arrangement on the date on which they can send them to Forensic.”
Any movement of exhibits must be substantiated by a statement to maintain a clear chain of custody and integrity of the evidence.
“any movement or any chain should be substantiated by a statement ... continuous possession of those drugs must have a clear passage to say, and it must also be stated, their originality”
Lt-Col Sebola states it is only appropriate to keep exhibits at Pretoria College if he is acquainted with the security arrangements there; otherwise, he does not accept it as appropriate.
“I will say it is appropriate only if I have acquainted myself with the type of the security where it is supposed to be ... But if it was just dropped or taken to a place where the security is questionable, that I will not accept to be appropriate”
Lt-Col Sebola's oversight role is limited to obtaining statements of exhibits' movements to maintain integrity, while tasks are assisted by others after custody transfer.
“Mine is just to get each and every statement of the movement to say, this is what we did, so that it can still maintain the integrity of my evidence ... there were some taskings to say, you will be assisted. In terms of movement, once there is a team that has taken the custody of the exhibit, that remains with them”
Within a week, a preliminary assessment and analysis of downloaded data from phones was completed, revealing suspicious communication with potential evidential value.
“within a space of a week, I had identified, I already identified ... that is when I identified through when they were checking, because I kept in contact with the people doing downloading ... there you are having a strong case ... there is this communication chat ... suspicious communication”
Officer Sape's statement and Warrant Officer Phakula's recounting of the events are contradictory according to Lt-Col Sebola, who says there was no K9 bakkie at the scene upon his arrival.
“I understand K9 members drive a marked vehicle with a dog. Then upon my arrival there was no K9 bakkie around the scene... The names Sape and Phakula were brought to me... I am saying this is strange because I asked questions to say, were you really at the scene? They were giving a contradicting version...”
General Khan asked if Warrant Officer Phakula was informed about the operation and stated he was going to arrest the member because the story given by that member did not add up.
“I again received a call from General Khan who asked me if the member Warrant Officer Phakula informed about the operation. I told him that he called me and informed me about the operation. He further told me that he was going to arrest the member because his story does not make it up.”
LT- COL Sebola states he never had any contact or interaction with General Khan despite acknowledging Khan's presence at the scene.
“I never interacted with General Khan. I even further say on the issue that can you dispute the fact that General Khan was there, I am still saying I cannot dispute if he was there. But the only thing that I did, I never had any contact with General Khan.”
General Khan's account states that he left the scene leaving General Kadwa in charge; contradicting LT-COL Sebola's claim to have been in charge of the scene.
“When he left, he left General Kadwa in charge of the scene. That is what Khan says. He is at the scene at some point that you say you were in charge of. ... Khan's account, you were never in charge of the scene. Kadwa was in charge of the scene.”
LT-COL Sebola claims he would have seen General Khan if he had taken over the scene because he was in charge and the timing and statements do not support Khan having taken over before him.
“I would have seen him. Unless if he came before me. Because when I looked at the time frame, they speak about someone saying nine, the other one is saying 10 ... Does not look possible. Even in my presence, it did not happen.”
LT-COL Sebola admits he became aware of General Khan's presence at the scene only during the IPID process and had been completely silent about Khan's presence in his earlier statements.
“I am prepared to assume or accept that it is the first time that you came to know that Khan was on the scene when you are now dealing with the IPID process. You are completely quiet about Khan's presence at the scene, completely.”
Lt-Col Sebola denies that General Khan was in charge of the scene, asserting it was General Kadwa who was allegedly in charge, and claims General Khan's statement about the scene is untrue.
“that which General Khan saying, General Kadwa was in charge of the scene, it is not true”
Adv Baloyi SC asserts that if General Khan had been at the scene, Lt-Col Sebola who was in charge would have seen him, implying that Khan's claim to have been there and introduced personnel is likely truthful unless proven otherwise.
“Let us assume he is telling the truth that he was on the scene ... you would have seen him”
Lt-Col Sebola confirms that if any police officer at the scene was doing what General Khan described, he would have seen that officer because he was in charge and controlling the scene.
“If any police officer did that on your scene that you would have been in charge of, you would have seen it”
Lt-Col Sebola states that statements included in docket are sometimes as instructed by the prosecutor and that he did not himself compile the docket statements.
“Sometimes at the instruction of the Prosecutor ... The Investigating Officer”
Lt-Col Sebola states he was given a statement dated July 2021 regarding General Khan, which he attached to the docket and took to court, but he never engaged with General Khan personally regarding the matter.
“I just attached it, I took the docket to court ... I have never even engaged with General Khan”
Lt-Col Sebola asserts he did not read or consider the statement he received regarding General Khan because he deemed it irrelevant to the matter he was investigating and that he was not interested in General Khan's statement as it did not assist him.
“because it is just that I did not even ... I did not have intention ... I was not interested in his statement”
Lt-Col Sebola challenges the credibility of General Khan's statement, asserting Khan did not play any part in the matter and was untruthful about his involvement.
Lt-Col Sebola says statements concerning General Khan were brought to him by others and he did not consider or give weight to these statements because he considered the sources untruthful or on leave, and he did nothing further about them.
“the statement was brought by somebody else and you did not consider it because you deemed Sephungu untruthful because he was on leave”
Advocate Khumalo states Khan's statement indicates he left a few minutes after 12:00 while Lt-Col Sobola arrived at 11:45, and Sobola did not see Khan at the scene.
“Major General Khan says she left a few minutes after 12:00...you said you arrived at the scene at 11:45...you say when you got there, you did not see General Khan.”
Khan's statement says he asked various people what they were doing and called their supervisors but did not interact with relevant exhibits investigated by Sobola.
“all General Khan says is that he asked various people what they were doing there and he called their supervisors...he does not say at any stage he interacted with the relevant exhibits that you were investigating”
There is an uncomfortable feeling that Sobola knew about the statement placing Khan at the scene but did not mention it in his testimony, despite being told by IPID that Khan was there.
“It leaves an uncomfortable feeling that when you came here, you knew that there is this statement because it was given to you by Steyn, and you were told by IPID that Khan was there...people say he was there and you do not mention that part”
Advocate Khumalo asserts Sobola must accept the criticism for not mentioning Khan's known presence based on statements and IPID information.
“You must accept the criticism...when you came here, you knew that there was this statement and IPID had told you that he was there...so you do not have a good explanation for why you did not mention that”
Colonel Sebola found troubling an utterance by Colonel Sephungu who arrested people for no charge of attempted theft and was told to report Sephungu formally if he continued.
“Colonel Sephungu ... said to me ... there is no charge of attempted theft, so I have arrested those people for nothing ... I then phoned Brigadier Sekgobela ... she advised me that if he continue, I must report him formally ... I then informed Colonel Sephungu ... and he apologised”
Colonel Sebola says as the investigating officer he had to take the allegation about General Khan with caution and did not know if the intent was to mislead or assist.
“As the Investigating Officer, I will have to take it, but with caution, Commissioner. So, one, I did not know what the intention, whether the intention was to mislead or to”
Colonel Sebola was sent by General Kadwa to investigate an allegation that those drugs belong to General Khan, but he could not obtain Phakula's statement because he did not know if Phakula was misleading or assisting him.
“I was sent by General Kadwa. Then I brought the information back to him ... I could not obtain Phakula's statement because I do not know whether he is misdirecting me or he is assisting me. But this is the allegation. He is saying those drugs belong to General Khan.”
Colonel Sebola received a request from an unknown IPID caller for a copy of the criminal docket but did not agree to the request and insisted the request be sent to the Office of the Provincial Head.
“I received a call from IPID. I cannot remember the caller, but he was requesting for the copy of the criminal docket. I did not agree to the request, and I informed the caller to send the request via the Office of the Provincial Head.”
Colonel Sebola did not believe the IPID investigation had provided findings or a report at that stage, and was not informed officially of being under investigation.
“These seated here do not even have their findings, because their investigation emanated from the docket that I am investigating. I did not see their findings, what was their report or the summary. ... No... They were not telling me that they are investigating me.”
Colonel Sebola advised that departmental investigations and criminal investigations should be done separately, because statements from the criminal case cannot be used in departmental investigations unless members contravened police regulations.
“... the departmental investigation and criminal investigation should be done separately... You cannot obtain the statement that is in the criminal case and want to use it. And you have to be with me because what we want to establish is that whether the members contravened the police regulations by their own action.”
Colonel Sebola explained that two members of the South African Police charged with the same offence were charged differently due to their stationing, since charging happens through either the National Commissioner or Station Commissioner according to police disciplinary code and locations.
“... how can we have two members of the South African Police who are alleged to have committed the same offence, then be charged differently in terms of the same disciplinary regulation... This according to me says, this one is at Head Office, this one is at the station... there was nothing wrong to be charged at once.”
There was a time when Col Sebola and an analyst were made to do presentations on drug trends to different Provincial Heads to sensitize them about new drug transport methods into the country.
““There was a time when me and the analyst on the cell phone were made to do presentation on this case docket to different Provincial Heads... The purpose was to sensitise the Provincial Head and Provincial Commanders about the new trends referring to how these drugs came into be, what happened to be in the country.””
Drug hijackings were occurring, but drugs were not stolen; the hijackings were mainly to remove what was wanted, and then the drugs would continue to their destination.
“The drug hijacking that we established then, because our President said, we remember this year, or on this year, we found this drug being hijacked, but nothing on it, none of the consignment was stolen... some of these drug hijacking are not necessarily meant to take the drug. They are just hijacked mainly to remove what they wanted there. Then once they are done, we will find the drug back on the road, going to where it is supposed to be, nothing being stolen.”
During the investigation, Col Sebola was receiving calls from police officers volunteering to submit statements, including Lieutenant Colonel Maluleke of TOMS and Warrant Officer Phakula from K9 Pretoria, related to the case.
“During this investigation, I was receiving calls from police officers who volunteered to submit statements, and amongst the callers was Lieutenant Colonel Maluleke of TOMS, who was one of the police officers on the scene, and Warrant Officer Phakula from K9 Pretoria...”
Statements from police officers were submitted to the Defence Attorneys and were used in a representation requesting that the case be removed from the court roll.
“All these members submitted their statement to the Defence Attorneys, and they were used as in the representation requesting for the case to be removed from the court roll.”
Serious attempts were made to get statements from Lt Col Maluleke and Warrant Officer Phakula, but Maluleke was asked to explain his relationship with Mashaba and to be accompanied by his Commander when making the statement.
“I will start with Maluleke. Maluleke, my understanding... you must remember, that morning Mashaba called you. Before you give me a statement, because it seems you and Mashaba know each other, you will have to explain your relationship with Mashaba. He could not come and make that statement. He was confronted with the statement when I see it in the bundle of the Defence Attorney... With Phakula ... you must make sure you do not come alone. You come with the Commander. You make a statement, your Commander in room, he make statement that indeed he is the one that sent you out there...”
Police officers Maluleke and Phakula shared the same surname, and caution was advised about their statements to avoid derailing the investigation.
“You and that other Phakula, you are sharing the surname, I do not know how you relate. You must be careful. When you make statement, you must not make statement with the intention to derail me from investigating this people...”
Lt-Col Sebola insists that he is the investigating officer (IO) and requires a clear statement from the witness that addresses specific areas before they give their statement.
“You must first bear in mind you have to address these areas. The areas of my concern, I am the IO, I have to get a clear statement...”
Lt-Col Sebola states marked police vehicles used to transport K9 units are identifiable and no other vehicles should be used for K9 transport.
“My expectation is, members of K9, when we get into that, there is no other vehicle that can drive or that is used to transport that police dog other than that marked vehicle.”
Lt-Col Sebola conducted his own checks regarding communication and suspected a witness might be connected to a company involved in the investigation, based on a call made by Chief Mashaba on 8 July.
“I had to do my own checks... On the 8th of that July, Mashaba called someone who was working in that company. So, now my suspicion was, what if that one is my witness?”
Lt-Col Sebola kept in contact with Colonel Jacobs, who took over SANEB, but they did not engage extensively; he only contacted an analyst to check communications between Mashaba and Jolene or others in that company.
“I kept in contact with Colonel Jacobs... with him we did not engage, but I was only contacting the analyst to say... if maybe you have tracks of any communication between Mashaba and Jolene or somebody there.”
Lt-Col Sebola cannot confirm if the communications between Mashaba and Jolene have been checked, stating the matter is now subject of investigation and dockets are being directed accordingly.
“J a , b e c a u s e n o w i t i s t h e s u b j e c t o f investigation , but it seems there is direction.”
Captain Sebola arrested Warrant Officer Magane without proper explanation of the charge.
“Captain Sebola was one of the last officers to arrive at the scene, however he arrested us without a proper explanation of what we were arrested for.”
On 11 July 2021, Warrant Officer Phakula and others were charged and their warning statements were taken by the DPCI Investigation Team led by Captain Sebola; they requested their warning statements be written down and advised obtaining a video of the crime scene and a section 205 application to verify their version.
“On the 11 July 2021 ... warnings statements were taken by the DPCI Investigation Team led by Captain Sebola ... requested that our warning statements be written down ... I also advised Captain Sebola to obtain a video of the crime scene, as well as to do section 205 application to verify our version”
While at Sun City prison, the DPCI Investigation Team led by Captain Sebola visited Warrant Officer Phakula and told him they were instructed to come see him because he had something to tell them.
“While at Sun City prison, I was called by the Prison Warden to inform me that I have a visitor and that I must come to the visiting area. To my surprise, the visitors were the DPCI Investigation Team of about six members led by Captain Sebola. They then told me they were instructed to come see me as they were told I had something to tell them.”
Captain Sebola opposed bail on 21 July 2021 and witness statements including those of Colonel Sephungu were submitted to prove innocence, resulting in bail being granted the same day.
“On the 21st of July 2021, Captain Sebola came to oppose bail and we submitted our witness statements of Colonel Sephungu, Lieutenant Colonel Mangena, Captain Medupi, Warrant Officer Magane, Warrant Officer Phokungwana, Warrant Officer Chidi, Sergeant Phakula, Sergeant Sapean and Sergeant Maja as exhibits to prove our innocence. We were granted bail on the same day.”
Warrant Officer Magane was made to sit in a car and photographed as if he were a suspect during the police operation at the warehouse, while drugs were being counted with some bags already opened, and several senior officers were in charge of the counting.
“I was made to sit in the car while I was photographed as if I am a suspect. Members of DPCI from Germiston and Johannesburg arrived at the scene with Major General Kadwa, the Provincial Head of DPCI. There seems to have been a briefing between Major General Khan, Brigadier Sekgobela, Lieutenant Colonel Mabaso and Captain Sebola. Right after that, Warrant Officer Phakula, Chief Mashaba, Mr Nkua and myself were arrested and put at the back of a Booysens SAPS bakkie which was driven by Sergeant Ndou and Constable Makwambiri. We were kept at the back of the bakkie for some time. At some stage, we were then taken from the back of the bakkie to observe the counting of the drugs. To our surprise, we find that already 10 bags were already opened. Brigadier Sekgobela, Captain Dale, Captain Sebola, the arresting officer, are the ones who were in charge of the counting, in counting the drugs.”
At court, Captain Sebola testified they were arrested for allegedly stealing 700 kilograms of cocaine, but could not answer questions about the weighing methods or exhibits; the magistrate suggested their arrest was premature.
“During the bail trial, Captain Sebola testified that we were arrested for allegedly stealing 700 kilograms of Cocaine. The Presiding Magistrate asked him if the exhibits were weighed and what method of weighing was used, of which Captain Sebola could not answer. The Magistrate also suggested to him that Captain Sebola and his team rushed to arrest us prematurely. Again, he could not answer.”
The case of defeating the ends of justice and obstruction of police officers arose from their arrest and detention overseen by General Khan, Major General Kadwa, Brigadier Sekgobela and Captain Sebola, and was investigated by IPID and Deputy Public Prosecutor's Office in South Gauteng.
“Booysens CAS 252/10/2021, defeating the ends of justice and obstruction of police officers from executing their lawful duties. This case emanates from our arrest and detention at Aeroton as overseen by General Khan, Major General Kadwa, Brigadier Sekgobela and Captain Sebola. After a lengthy, slow investigation by IPID, the matter was taken to the Deputy Public Prosecutor's Office in South Gauteng for decision.”
A criminal complaint case was opened against Major General Kadwa, Major General Khan, Brigadier Sekgobela, and Captain Sebola by Warrant Officer Magane and others who were arrested.
“The complaint was against General Kadwa , Major General Kadwa , Major General Khan , Brigadier Sekgobela , and Captain Sebola.”
Advocate De Kock decided to withdraw the matter because photographs clearly showed no vehicle blocking the way for the accused's vehicle at the scene.
“this talks to the reasons as to why Advocate De Kock decided to withdraw the matter: "Captain Sebola allegedly alleged that Sergeant Ndou's marked police vehicle was parked in such a way to block the way for Magane's vehicle... It is clear from the photographs that there was no vehicle blocking the way for Magane's vehicle not to leave the scene."”
It is disturbing that when COLONEL STEYN arrived at 1 o'clock, the two-way radio communication that started in the morning had not taken place and the outer cordon was not established.
“So many hours have gone by ... this is 1 o'clock when you arrive, that had not taken place”
Lieutenant Colonel Ludick delegated the scene management to Captain Sebola in Colonel Steyn's absence because they make turns who is the next investigating officer, and it coincided that time with Captain Sebola.
“he was not an investigating officer. We sort of make turns on who is then next investigating officer. And this time the coin fell with Captain Sebola at the time.”
Captain Sebola requested Colonel Steyn's help with managing a chaotic crime scene by instructing team members to set up an outer cordon and restrict non-essential personnel to manage contamination at the scene.
“Captain Sebola indicated to me that he requests me to assist with the following issues. [1] He complained that there were too many people within the crime scene. I instructed some of my team members to cordon the immediate area around the vehicles involved the truck with the container and the vehicles on which the exhibits was loaded onto. Non-essential personnel were moved outside the cordoned area.”
Captain Sebola was more concerned with safeguarding the exhibits according to protocol, which is why the outer cordon was initially not established at the chaotic crime scene.
“Captain Sebola, one must understand, as I mentioned, Commissioner, it was a chaotic scene, and I think he was more concerned with safeguarding the exhibits as our protocols need us to do. The exhibits and the suspects, he was concentrating on that and that is why I think he initially left the outer cordon not to be done.”
Colonel Steyn assisted Captain Sebola by coordinating members to take witness statements and deal with suspects including conducting interviews and warning statements to better understand the crime scene and roles of suspects.
“He requested members to assist in taking witness statements. I also asked members to talk to Captain Sebola for him to indicate whose statements need to be taken. He indicated to me who the suspects were and requested members to deal with them. I tasked members accordingly. Starting interviewing the suspects, start taking their warning statements to get a better gist of the crime scene and their role on the crime scene.”
The exhibits were transported to Booysens SAPS in an official police vehicle under armed guard and handed into SAP 13 register.
“I assisted Captain Sebola to make arrangements for the exhibits to be transported to Booysens SAPS...The exhibits were transported to Booysens SAPS in an official police vehicle under armed guard (SAPS members). The two members who I appointed responsible for the exhibits also accompanied the exhibits to hand it into the SAP 13.”
After returning from isolation, Colonel Steyn assisted Captain Sebola by inspecting the docket, issuing written instructions and obtaining outstanding statements related to the investigation of the source and potential destination of drugs.
“On my return from isolation, I further assisted Captain Sebola in inspecting the docket ... issued written instructions ... I also assisted with obtaining some of the outstanding statements”
The IPID recommended initiating disciplinary proceedings against five SAPS and Hawks members, including Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola, after an investigation based on various statements and evidences including a radio control transcript and forensic report.
“The recommendation is to initiate disciplinary proceedings as the SAPS members involved are ... Major General Khan, Major General Kadwa, Brigadier Sekgobela, Colonel Steyn, and Lieutenant Colonel Sebola”