Isipingo

Warrant Officer Mpangase confirms he was acting only in an assisting capacity when dealing with the exhibits and that the exhibits were to be left at Isipingo.

“And at this time, your capacity is just being of assistance? ... Yes. ... And in your knowledge, you were to leave the exhibits at Isipingo? ... Yes, it is like that.”

On 22 June 2021, Warrant Officer Mpangase booked on duty at 7:30 am at the office situated at 136 Victoria Embankment and received a call from Lieutenant Colonel Jacoba about a container suspected to contain 7 to 8 kilograms of cocaine at CHS Depot, Isipingo.

“On the 22nd of June 2021, I booked on duty at 7:30 a.m. at the office, which is situated at 136 Victoria Embankment. At an unspecified time, I received a call from Lieutenant Colonel Jacoba and he asked me if I was available for an operation and if I was, I must be on standby, because a crime intelligence operative, whom I knew, had information about a container that was containing approximately 7 to 8 kilograms of Cocaine, which was, at the time, suspected to be at CHS Depot, Isipingo.”

Warrant Officer Mpangase, Warrant Officer Sibiya, and Lieutenant Colonel Jacoba met a crime intelligence operative at Isipingo for a briefing before proceeding to CHS Depot to search for the cocaine container.

“We then went to pick him up, and the three of us proceeded to Isipingo, where we met the CI operative, who then briefed us on the information. After a short briefing, we proceeded to CHC depot.”

Warrant Officer Mpangase justifies the lack of SAP 13 registration upon moving exhibits from Isipingo to Port Shepstone by presuming no necessity to register them in SAP 13 at Isipingo since they were already stored at Port Shepstone.

“I presume because of the fact that we have already stored them in the Port Shepstone, there was no necessity that we register them on SAP 13 in Isipingo – Port Shepstone, by the way .”

The focus of questioning in the last round of the questionnaire is more on whether alternative routes should have been taken rather than the core mandate of the Commission which concerns criminality and interference, and such issues might be more suited to police performance assessment panels.

“the focus is more on, well, would it not have been better to go to Isipingo or to go to Port Shepstone ... but that is not the core mandate of the Commission”

Police officers who conducted the operation admitted or accepted that they messed up in handling the scene, including errors with registering and storing exhibits.

“The police officers who conducted the operation actually admitted or accepted that they had messed up with regard to the handling of the scene and indeed even beyond. For example, going to Isipingo, how the registration of the exhibits took place, taking place without the exhibits being placed in the exhibit bags and even the question of where they were stored. They basically, in the end, accepted that they messed up.”

Brigadier Nyuswa informed General Senona about a drug bust, advised preparing reports, and communicated that Isipingo lacks capacity to store the drugs.

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

MAJ-GEN SENONA and Brigadier Nyuswa drove first to Isipingo then diverted to Port Shepstone after a phone call and never reached Isipingo on the day of the seizure.

“We never reached Isipingo ... he was talking on the phone and then we diverted to Port Shepstone”

Adv Baloyi SC asserts the sequence involved movements of exhibits from Isipingo to Port Shepstone DPCI offices on 2nd, then entered in SAP13 register on 23rd without the Clerk present.

“What happened is from Isipingo these were taken on the 2nd to Port Shepstone, your offices, DPCI Port Shepstone ... And then on the 23rd, they were then entered in the Port Shepstone SAP 13 in the absence of the Clerk.”

Warrant Officer Mpangase from the SANEB section reported involvement in a suspected drug shipping container operation at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase from the SANEB section. He reports to Lieutenant Colonel Jacob who was the SANEB team leader at the time. He informed me that he was contacted by Crime Intelligence regarding a suspected drug shipping container at Isipingo.”

General Senona instructed preparation of a strong room safe at Port Shepstone for storing exhibits and arranged escort from Isipingo to Port Shepstone DPCI, SOCI.

“I called General Senona and informed him of the dilemma and suggested a strong room at Port Shepstone premises. He agreed and instructed me to instruct the Acting Unit Commander at Port Shepstone, Lieutenant Colonel Prinsloo, to prepare the safe for the exhibit... General Senona also instructed me to arrange for the provincial tracking team to escort the investigators from Isipingo to Port Shepstone DPCI, SOCI.”

Brigadier Nyuswa recalls that he was contacted by Warrant Officer Mpangase who reported to Colonel Jacob regarding suspected drugs in a container at Isipingo.

“I was on duty when I received a call from Warrant Officer Mpangase. He reported to Colonel Jacob, who was the SANAB team leader at the time. Warrant Officer Mpangase informed me that he was contacted by Crime Intelligence regarding suspected drugs in a container at Isipingo.”

Brigadier Nyuswa asserts that he was called by Colonel Jacob from Isipingo in the afternoon, possibly from 12pm onwards, contradicting the timeline given by Lieutenant Colonel Prinsloo.

“Jacob called me from Isipingo. It was afternoon, maybe from 12 onwards. Hence I am saying this timeline of Colonel Prinsloo is wrong.”

Brigadier Nyuswa denies being present during the formation of a human chain to hand over keys, stating he was drinking coffee and the road layout at Isipingo makes forming a human chain difficult due to traffic flow.

“I was not there when they formed that human chain, because if you know Isipingo, it is a one, that town has got one main road. So when you are in, for you to come out is a mission, because there is a traffic flow. That is what caused us to come very late at Port Shepstone”

According to Brigadier Nyuswa's diary entry and fuel claim, he first went to Isipingo and then detoured to Port Shepstone, which supports his version of events against Prinsloo's different timeline.

“I think I made a diary entry on that day, and if my memory serves me correctly, I even said there that we first went to Isipingo, and then from Isipingo to Port Shepstone. And that diary entry has the calculations of my kilometres, which I submitted at the end of the month of June to claim my fuel that I used on that day.”

The bricks of cocaine were likely counted at Isipingo as the black bags were repacked there before transport to Port Shepstone where the bags were simply stored in the strong room.

“I think that counting must have been done at Isipingo.”

Brigadier Nyuswa travelled with General Senona from Durban provincial office to Isipingo and later to Port Shepstone on the same day.

“You and General Senona were travelling together that day...That is correct...From our provincial office...Which is in Durban.”

Lieutenant Colonel Sibiya denies the allegation concerning his involvement in a drugs seizure that occurred on 22 June 2021 at CHC Depot in Isipingo.

“I deny the allegation levelled against me. The affidavit will demonstrate that my involvement in the event of 2022, January 2021 ...”

On the day of transporting exhibits from Isipingo to Port Shepstone, members from NPVC were used, and the following day SANEB members took the lead in bagging exhibits, indicating inter-section assistance happens.

“...on the very same day when we were transporting exhibit from Isipingo to Port Shepstone, we used members from NPVC. The following day when we were going to bag exhibit, members from SANEB were utilised ...”

Disposable gloves were used when loading exhibit bags at Isipingo.

“We were using disposable gloves”

Colonel Jacob briefed LT-Col Sibiya and Warrant Officer Mpangase during the trip to Isipingo because they did not have enough bags and needed to gather more there.

“He indicated that due to the fact that we did not have enough bags and we must proceed to Isipingo so that we can gather more bags and bag the exhibits”

Colonel Jacob accepted that ORS members were not part of the operation but only provided transportation for the consignment to Isipingo.

“Colonel Jacob, who was in charge of the scene, accepted that they were not part of the operation. He accepted that all that they did was to give you a lift, to give the drugs a lift. So they provided you with transport, and that is what they were called for.”

The intent all along was just to book the drugs, sign, and take them away; there was never an intention to store the drugs at Isipingo.

“So the intention all along was just to book it and sign and take it away. There was never an intention to store it at Isipingo.”

Warrant Officer Perumal said he did not have space to store the drugs.

“Warrant Officer Perumal explicitly refused to keep the exhibits on the day, and that I should have been aware of the same.”

The exhibits related to the investigation were ordinarily kept at the police station of jurisdiction, including Isipingo.

“all the exhibits are kept in the police station of jurisdiction”

Investigating Officer Captain Mashau requested LT-COLSIBIYA to make a clarifying statement regarding the events on the day of the seizure and storage of exhibits at Isipingo.

“He needed me to clarify, Chairperson, the issue of what happened on the day of the seizure when we went to Isipingo”

The whole problem at Isipingo arose because the LCRC was not called to the scene to begin with.

“Is it fair to say that this whole problem that arose at Isipingo was because LCRC was not called to the scene to begin with?”

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.”

The chain of custody was intact as the exhibit was accounted for in Port Shepstone and the vault was locked following the transport of exhibits from Isipingo to Port Shepstone.

“the chain of custody was intact of the exhibit ... 541 was accounted for in Port Shepstone , and the vault was locked”

On 12 November 2021, the lab took up exhibits including 999 kg of cocaine and 547 kg of Mandrax, initially stored at Isipingo and Durban Central.

“It is only on the 12th of November 2021 that these exhibits, 999 kg of Cocaine ... together with those exhibits that were initially at Isipingo and then moved to Durban Central, it was only at that stage ... that the lab had taken them up”

Colonel Jacob moved the evidence to Isipingo after realizing the large quantity of bags at face value when opening the container.

“your decision to move to Isipingo. Correct?”

Colonel Jacob acknowledges that Warrant Officer Perumal refused storage space at Isipingo due to lack of space, but this reason is irrelevant to why the consignment was not stored there.

“But that is not the reason why your consignment was not stored in Isipingo... he simply refused to take them because he said, I do not have space.”

Colonel Jacob admits he did not call LCRC to the CHC Depot scene nor the Isipingo scene, though protocol requires them to be called for such scenes.

“Yes, that is correct, Commissioner. Yes, I am aware, Commissioner. Yes, I did, Commissioner.”

Colonel Jacob and Captain KG Sibiya took photos at the scene of the seizure, covering every step from opening the container to cutting the lock and arranging the bags, except for sealing the exhibit bags.

“I can not say, but we took photos of every step of the way from the opening of the container, the cutting of the lock, the bags that were there. Upon reaching Isipingo, laying it out in rows, the only photos that were absent were obviously sealing the mine exhibit bags”

The absence of LCRC involvement was to avoid the formal record as the entire seizure was never meant to formally enter SAPS records except for a cryptic SAPS 13 entry at Isipingo.

“why you did not call LCRC was to avoid this formality that Colonel Sander confronted, because this entire seizure was never really meant to go formally into the records of the SAP, besides a cryptic SAPS 13 entry at Isipingo”

Colonel Jacob confirms his last engagement with physical items was outside the police station at Isipingo when loading black bags into vehicles.

“Your last engagement with the physical items was at Isipingo, outside the police station.”

Colonel Jacob states the tactical team was out on that day, which delayed their arrival at Isipingo and limited available manpower.

“Our tactical team, Chair, was out on that day. They were out...”

Colonel Jacob describes his involvement in an investigation regarding a container with suspected cocaine at the CHC container depot in Isipingo on June 22, 2021.

“On the said morning, I was fetched from my residence by Warrant Officers Mpangase and Sibiya... The information was that there was a container in Isipingo with suspected Cocaine inside... We proceeded to the depot... alleged to be 27 pieces or units of Cocaine in container number BEAU595535, which was stored at the CHC container depot in Isipingo... Upon opening the container it was noted that there were numerous black canvas bags placed onto 50-kilogram bags of animal feed... Upon inspection of one of those bags, we noticed it to contain suspected one-kilogram bricks of Cocaine... 27 such bags with warehouse staff... the depot was busy with machinery traversing our immediate vicinity... Umlazi is 11 kilometres away from the depot, which I saw as a risk, and we were working in an uncovered area of the depot.”

General Flynn misled the Commission by not highlighting that exhibits were stored at Durban Central for over a year before being destroyed.

“General Flynn misled this Commission by not highlighting a pertinent point... that Isipingo had turned those exhibits away and that they were lying at Durban Central for 1 year and 9 months...”

Colonel Jacob states they only became aware of the exact number of kilos when they were at Isipingo during a briefing with Captain Duma.

“We only became aware of the number ... at Isipingo and did a briefing ... with Captain Duma ... only then told us it was 27 kilos”

Captain Duma initially informed them at Isipingo that there were alleged to be 27 pieces of cocaine in a container, and information from CI indicated a container containing approximately 7 kilos of cocaine was kept there.

“We met with Captain Duma in the Isipingo area. He informed us that there were alleged to be 27 pieces of Cocaine in a container number ... ... entry is made by Warrant Officer Mpangase, he lists information received from CI was that a container containing plus minus 7 kilos of the drug Cocaine was kept at Isipingo ...”

The ORS (Operational Response Service) has responsibilities over the CHC depot including Isipingo and Prospecton, according to their SOPs.

“The SOP of the ORS includes, specifies, CHC depot, Isipingo as an area of responsibility for the ORS”

Colonel Khuzwayo requested the clan lab team members to assist Brigadier Nyuswa's team at Isipingo for a cocaine case and to guide them on how to sample.

“C o l o n e l K h u z w a y o , f r o m t h e m e m b e r , h e i n d i c a t e d t h a t C o l o n e l K h u z w a y o r e q u e s t e d m y c l a n l a b t e a m m e m b e r s t o g o a n d a s s i s t B r i g a d i e r N y u s w a ' s t e a m a t10 I s i p i n g o f o r a C o c a i n e c a s e , a n d t o g u i d e B r i g a d i e r N y u s w a 's t e a m o n h o w t o s a m p l e .”

At 8 am on 23 June 2021, while on vacation leave, Lieutenant Colonel Songca received telephone calls instructing clan lab team members to assist Brigadier Nyuswa's team at Isipingo on a cocaine case and to guide on sampling procedures.

“A n d o n t h a t d a y , i n t h e m o r n i n g , a r o u n d 8 o ' c l o c k , I r e c e i v e d a t e l e p h o n e c a l l f r o m o n e o f t h e t e a m m e m b e r s o n t h e c l a n l a b . T h e y a r e s t a n d b y d u t y m e m b e r s o f t w o m e m b e r s p e r t i m e . S o o n t h a t d a y , I r e c e i v e d a c a l l f r o m W a r r a n t O f f i c e r N k o s i , a n d h e i n f o r m e d m e t h a t h e h a s r e c e i v e d a c a l l f r o m C o l o n e l K h u z w a y o , w h o m I h a v e i d e n t i f i e d h e r a s m y d i r e c t C o m m a n d e r . C o l o n e l K h u z w a y o , f r o m t h e m e m b e r , h e i n d i c a t e d t h a t C o l o n e l K h u z w a y o r e q u e s t e d m y c l a n l a b t e a m m e m b e r s t o g o a n d a s s i s t B r i g a d i e r N y u s w a ' s t e a m a t10 I s i p i n g o f o r a C o c a i n e c a s e , a n d t o g u i d e B r i g a d i e r N y u s w a 's t e a m o n h o w t o s a m p l e .”

Colonel Khuzwayo and Brigadier Maluleke requested clan lab KZN team members to assist Brigadier Nyuswa's team at Isipingo on sampling in a cocaine case.

“B r i g a d i e r M a l u l e k e i n d i c a t e d t o m e20 t h a t h e r e q u e s t e d m y t e a m m e m b e r s f o r c l a n l a b K Z N t o g o t o I s i p i n g o t o a s s i s t B r i g a d i e r N y u s w a ' s t e a m a n d g u i d e t h e m o n h o w t o s a m p l e i n a C o c a i n e c a s e .”

Colonel Khuzwayo requested LT-COL SONGCA's team to assist Brigadier Nyuswa's team to guide on how to sample a cocaine case at Isipingo and was informed that the clan lab team members cannot attend due to lack of training for sampling.

“She said to me, she request my team to go and assist Brigadier Nyuswa's team to guide them on how to sample a Cocaine case at Isipingo. I responded the same way I have responded to Brigadier Maluleke to Colonel Khuzwayo and explained to her why my members cannot attend”

Colonel Khuzwayo could not remember if the crime scene was at Isipingo on 22 June but that may be the only information he has.

“I cannot remember . I cannot remember whether Isipingo was mentioned on that day ... maybe that is the only thing that I have , Isipingo”

If suitable storage was available at Isipingo, the seized 541 kg of Mandrax could have been stored there, avoiding health issues caused by improper storage.

“Yes.”

Exhibits for a 2020 case are kept one day at Isipingo then transferred to Durban Central.

“It gets kept at Isipingo for one day, you then try to get it to FSL, thereafter it goes to ... was it Durban Central ? Correct”

Isipingo does not have a vault.

“Isipingo, it was not a vault”

Lieutenant Colonel Prinsloo was not informed by Brigadier Nyuswa or Warrant Officer Mpangase that the exhibits had been at Isipingo or that any alternative locations had been considered.

“No one, not even Brigadier Nyuswa or Warrant Officer Mpangase, told me the exhibits had been at Isipingo. They also did not discuss that they had looked for any other alternatives.”

Colonel Jacob stated he never engaged Warrant Officer Perumal about storage capacity at Isipingo and considered Isipingo a small police station in a high-risk area lacking capacity for exhibits storage.

“Colonel Jacob says that he was, Warrant Officer Perumal was never asked if there was capacity to store the exhibits at Isipingo... Isipingo was not considered, because it is well known that Isipingo is a smaller police station and is in a high-risk area. So, on Colonel Jacob's own version, he never engaged with Warrant Officer Perumal about whether there was capacity or not.”

Previous drugs stolen at Isipingo in February 2020 were Mandrax, totaling 547 units.

“The 547 in February 2020 ... that was Mandrax”

Four closest police stations to Durban harbour where exhibits were stored: Isipingo, Maydon Wharf, Brighton Beach, and Umbilo.

“the four closest police stations to the Durban harbour are Isipingo, Maydon Wharf, Brighton Beach and Umbilo”

The cocaine seized could not be stored at the usual facility in Isipingo unlike previous seizures of Mandrax.

“16 months previously 547 kilograms of Mandrax had been stored at Isipingo, all of a sudden 541 kg's of cocaine could not be stored there”

There is no explanation why the Port Shepstone storage facility, which is 100 km from Isipingo, was chosen for the cocaine storage.

“there is no explanation why the Port Shepstone storage, which is 100 kilometres from Isipingo, was chosen”