Referred to as: Sergeant Mkhize · Mkhize
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Sergeant Mkhize, Govender, and Khuwayo were present during the search of the container according to Warrant Officer Mpangase.
“Among those that I had noted, were Sergeant Mkhize, Govender, Khuwayo who were present during the search of the container”
These three officers were just around observing while others were working during the container search.
“They were just around there observing, while we were working”
According to Warrant Officer Mpangase, the three officers were called only to provide transport to go to Isipingo police station after the bags were unloaded from the container, not to be part of or observe the search.
“After he had unloaded the bags from the container, they were called to provide transport to go to Isipingo police station, that is when they were brought in, to come and help take these to Isipingo, they were not part of and did no observe the search”
Warrant Officer Mpangase recorded that the three officers were present observing the search according to his diary and statement.
“I did indeed put this on my notes after I transferred it to diary and later put it in to my statement, that those people were there, present, observing”
Ntuntuko Khuwayo introduced himself as the customs official and was present during the search and seizure, similarly Sergeants Mkhize and Govender and other police officials were present as observers during the search.
“Ntuntuko Khuwayo introduced himself as the custom official...Similarly, I had no reason to state that Sergeant Mkhize and Sergeant Govender and other police officials were there observing the search if they were not there.”
Advocate Baloyi accuses Warrant Officer Mpangase of being untruthful by recording that the officers were part of the inspection when the other officers' statements say they only provided transport and were not part of the inspection.
“If you insist and you want to rely on your pocket book, your diary and your statement, that is what you recorded, it means you recorded a falsehood, you recorded something that did not happen. It did not happen that way, according to these people that transported those drugs, according to Colonel Jacob. So you are being untruthful, if that is what you recorded on that day, because that is not what happened”
According to statements, the officers were not part of the operation or inspection but were busy with their own operation and called later to provide transport for the bags to Isipingo police station.
“They were there for their own operation, not as part of your operation. Then they get called, once you have taken the bags out, they were asked to come and help transport, because they had the right transport for it to go to Isipingo to carry these bags”
Warrant Officer Mpangase disputes the claim that the officers were not actually present during the search and says he would not have mentioned their presence if it was not the case.
“I would not have mentioned that they were actually there, if it was not the case. I am scratching my head even now, why would I do that?”
Advocate Baloyi accuses Warrant Officer Mpangase of being the only one saying the three officers came to the scene, left, and were called back; all four officers say they helped take the bags to their vehicle and transported them to Isipingo police station.
“You are the only one who is saying that, but let me read what Govender says, ... All four of them say they were brought in to and helped with taking these bags onto their vehicle, drove with you to Isipingo police station, these things were offloaded at Isipingo and then they left to go and carry on with their functions.”
Sergeant Govender and Sergeant Mkhize were not present at the breaking of the seal at the harbour depot.
“These ones came after Sergeant Govender and Sergeant Mkhize ... they were not present at the breaking of the seal”
Statements obtained from Govender and Mkhize by the investigating officer were true reflections of their observations on the scene and there was no intention to mislead or defeat the process.
“I was the Investigating Officer that did obtain statements from Govender and Mkhize. Had I had an intention of misleading or defeating or doing anything underhanded, that would have been reflected in those statements that I obtained from them. My statements that I obtained from these relevant members was indeed a true reflection of their observations on the scene.”
Colonel Jacob reads from Govender's second statement where he states they transferred 27 black bags containing about 20 cocaine bricks each, escorted by Lt. Colonel Jacob and his team to Isipingo SAPS where they offloaded bags and counted bricks before leaving the scene.
“Sergeant Mkhize and I, together with other DPCI members, transferred these black bags from the container to an H1 marked state vehicle that I was driving. I counted 27 such bags. We were escorted by Lieutenant Colonel Jacob and his team to Isipingo SAP, where we assisted in offloading the black bags... The DPCI members were busy counting the yellow and black bricks of suspected Cocaine when we left the scene... each bag contained approximately 20 such bricks. We then left the scene and proceeded with our normal duties.”
ADV BALOY IS C insists that the statement clearly conveys that Border Police members were part of the counting, contradicting Colonel Jacob's interpretation.
“You state in your statement, you counted with the Border Police members. That is what you convey... The only meaning of your sentence is Govender and Mkhize were involved, were part of the count.”
Sergeant Mkhize and Govender were not present when the seal was broken, contrary to what was represented in the investigation diary and initial statements.
“A n d t h e n t h e r e i s S e r g e a n t M k h i z e a n d G o v e n d e r. T h e y w e r e n o t t h e r e w h e n t h e s e a l w a s b r o k e n . T h a t i s a m i s r e p r e s e n t a t i o n . I n f a c t , y o u s a y t h a t i n y o u r s t a t e m e n t t o t h e C o m m i s s i o n y o u d o n o t m e n t i o n t h e m a s p r e s e n t b e c a u s e y o u h a v e s e e n t h e i r s t a t e m e n t t h a t t h e y d o n o t s p e a k t o b e i n g p r e s e n t .”
Sergeant Mkhize and Govender were conducting their normal duties at CHC Depot and were only requested by Colonel Jacob to assist in transporting exhibits; they were not involved in the breaking of the seal.
“They were there conducting their duties at CHC Depot .”
Colonel Jacob requested Sergeant Mkhize and Govender to assist with transporting exhibits from the depot to the police station, not for breaking the seal.
“Upon my request , Commissioner . For assistance with regards to conveying exhibits from the depot to the police station .”
Sergeant Govender and Sergeant Mkhize were approached by Lieutenant Colonel Jacob and Captain Duma during container inspections when black canvas bags containing alleged cocaine were identified and loaded for transport to Isipingo SAP.
“Sergeant Govender... was approached by two other police officials dressed in civilian attire. They identified themselves as Lieutenant Colonel Jacob from DPCI and another Captain Duma from Crime Intelligence... identified some black canvas bags that allegedly had cocaine in them... transferred these black bags from the container into the H1 marked state vehicle... escorted by Lieutenant Colonel Jacob and his team to Isipingo SAP, where we assisted in offloading the black bags.”
The suspected cocaine was conveyed by Colonel Jacob, Warrant Officer Mpangase, KGSibiya, and Sergeants Govender and Mkhize to Isipingo Police Station for detailed counting.
“The officers decided to convey the suspected cocaine to the Isipingo Police Station for a detailed count. According to the officers, the crime scene was becoming busy with warehouse staff. Colonel Jacob, Warrant Officer Mpangase, KGSibiya, and Sergeants Govender and Mkhize loaded the canvas bags into a marked police vehicle.”
Sergeants Govender and Mkhize are from Border Policing based in Durban Harbour and are not part of DPCI.
“No, Commissioners. They were from Border Policing based in Durban Harbour.”