ORS

Other members from ORS were also called to assist and conducted inspections during the same operation alongside Lt-Col Sibiya.

“Yes, from ORS who were also conducting inspection. Then Colonel Jacob requested, after seeing a vehicle, requested them to assist us in taking the exhibit to the police station.”

Colonel Jacob had a brief conversation with Warrant Officer Mpangase and then instructed members from ORS to assist with taking exhibits to the police station.

“Colonel Jacob had a brief conversation with Mpangase, and then Colonel Jacob went on and requested members from ORS to assist. Then he then informed us that they are going to come, they will be assisting us, then we need to load the bags and go to Isipingo.”

The ORS members present during the operation worked at the harbour, which explains their involvement as ORS members.

“They are working at the harbour. That is why they are ORS members.”

Three vehicles were used to travel to Isipingo carrying exhibit bags and personnel from ORS and other officers including Colonel Jacob, Warrant Officer Mpangase, and Captain Duma.

“it was three vehicles. It was the Hyundai H1 that was carrying all the exhibit with the members from ORS. And the Golf that I was driving with myself, Colonel Jacob and Warrant Officer Mpangase and Captain Duma's Corolla behind us”

ORS members were called to assist but did not participate in the counting of exhibits, only observing while the bags were offloaded and counting was done by DPCI members.

“They assisted us in offloading the bags. When we started counting, they were still there. But they were not counting. They were observing while we offloaded the bags.”

ORS members left before the complete counting operation finished and did not consider waiting for the SAP 13 as their operation.

“They got there. Your bags were offloaded and they left to go and carry on with their job. So waiting for the SAP 13 does not come into it because they say it was not their operation. They were just a lift to you. They were not helping with your operation.”

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.”

Lt-Col Sibiya insists ORS members were present and participating during the counting, disputing claims they only observed and left early.

“When we were counting drugs, I am still standing firm. They were there. I insist that they were there. According to my recollection, they were there up until we finished counting. Then they left. I think they were also waiting for a 13 number.”

Oral evidence shows a dispute that Colonel Jacob amended his position to accept ORS presence during counting but agrees they left before completion.

“Colonel Jacob amended his position, which was initially like yours. And he said, ja, maybe they were there, actually, I think, something to that effect. They were there when we started counting and they, of course, left off to do their work.”

ORS members have a record of their role and participation in the operation which must be explained and accounted for in official documents.

“If they were part of an operation, they must have a record of their own, of their participation, what they saw, what they got involved with, what they did. They must be able to explain their involvement.”

There is disagreement between Lt-Col Sibiya and others (including Mpangase and Colonel Jacob) about the role and participation of ORS in the counting operation, specifically whether ORS were part of the operation or merely providing transport.

“Mpangase does not mention them as part of his operation. He mentions you and Jacob and Duma, and Jacob, rather, and Duma. He does not mention them as part of an operation, including in the counting. You are the only one that is mentioning them as part of the operation to the point where you say they waited for the SAP 13. They were called for that. That is what they say in their statements. They helped transport this consignment to Isipingo. Maybe let me remove the words say part of the operation, but they participated in the operation by conveying the drugs from the depot to the police station.”

Colonel Jacob stated that the ORS members were present during the counting of exhibits at Isipingo but could only know roughly the count of bricks in the bags and had to leave early to conduct other duties.

“The ORS were there when we unpacked and counted 20, 20, 20 ... But the ORS guys ... they also need to make a report of how many we seized. So I see they did leave a little prematurely. They knew the count of the bags, that it had 20 and one had 21.”

There was confusion about the dates of the inspection activity: The person was not present on 22 June; evidence shows no agent was there that day; there was no Customs official present at the depot on 22 June; the individual says he was only there on 24 June.

“Mr Floweday was not there ... you have told us the depot, ORS, and your people, depot people, and the person that you thought was Customs, and we have cleared there was no Customs there ... this is a further statement on the first one that says I was not there on the 22nd ... He says on the 24th”

The ORS at the harbour has a formal SOP that requires the compilation and dispatch of an inspection report once a container has been booked for inspection at the licensed depot.

“The inspection report is dispatched from the admin profiler once the container has been booked for inspection at the licenced depot.”

Crime Intelligence, border security, and ORS have been operating together for years with a memorandum of understanding to coordinate inspections and stopping of containers at Durban Harbour.

“Crime Intelligence, border security, and ORS, they have been working together for years, even before I came. They have been operating together... like a memorandum of understanding between the two offices because we rely on them when it comes to stopping containers and doing inspections because they have teams to conduct inspections.”

Once a container has passed through the port and been released to go to a depot, ORS does not have control over it anymore; one must liaise with the depot or transporter for inspection or stopping requests.

“If you pick up information after the fact, the container has already been - went through the port and released to go to a depot, it is not in the control of ORS anymore. It is in a depot where you now as a person that is getting information, you have to liaise with that depot.”

Crime Intelligence border security and ORS coordination works by verbal or email requests; a letter signed by the commander can be submitted if requested to place a stop on a container.

“Crime Intelligence does not need to issue documents to request a stop and detention of a container to arrest. It can be done verbally or by sending an email to arrest. However, an essay between one letter of request to place a stop signed by the commander can be submitted to ORS if requested to do so.”

Containers that have already been released and cleared by customs are no longer under ORS control and go to depots elsewhere where inspection requires liaising with the depot.

“LT-COLDUMA”

Lt-Col Duma clarifies the procedure applies only to cargo detained by ORS at the harbour and moved to container, and not to cargo that has moved to depot outside the harbour such as Cato Ridge.

“This procedure ... deals with the cargo that is detained by ORS , which is in the harbour , and which get moved to container . ... But those processes are specifically for Durban Harbour , containers that are coming through the harbour . ... Sometimes you will find that the container has moved from Durban Harbour , for example , to Cato Ridge . ... So , you cannot follow the same process ... because it is not under their jurisdiction ... It is outside the harbour . You now , as a member , have to liaise with the depot ...”

Lt-Col Duma describes the procedure when seal of container is broken at depot: representatives of the commodity and managers of depot should be present along with the police (ORS).

“In some instances , you will find that some representatives of that commodity will be there . ... All the managers of the depot will be there . Then the police will be there , which is the ORS will be there .”

Standard Operational Procedure at ports requires operational to brief commander on container smuggling intelligence, and commander to then brief section head of VPO, Visible Policing and Operations at ORS.

“Crime Intelligence procedures. When an operative has information relating to smuggling within containers at these ports at Durban Harbour, the intelligence operative must brief the commander on the information. The commander will analyse the intelligence and once all the relevant information is gathered, the commander will then brief the section head of the VPO, Visible Policing and Operations at ORS.”

In counter-narcotics operations in the area, containers suspected of containing drugs are inspected with the involvement of DPCI if drugs are found positive.

“Basically, in operations that are conducted in this area let us say you are getting information of a container that is coming. Maybe your information says it has counter-narcotics. So, you have two ways of doing it. After requesting a stop or arrest to put a stop you can request the DPCI to be present or you can ask the ORS inspection team to open the container for inspection to confirm what commodities are inside or if there is drugs inside. And if there are drugs, if it is positive, then you summon the DPCI to come to the scene.”

ORS is responsible for opening the container for inspection and, if drugs are found, contacts DPCI.

“Because the inspection will be done by the inspection team of ORS who will open the container for you. You are not going to open the container as an operative yourself. You will be there to say, this is a container. I have identified. Obviously, they will call you when it is ready for inspection and then you meet them there and you do inspection with them. You observe what is inside. And when they confirm, yes, it is counternarcotics then they will have to conduct the relevant units, which will include the DPCI.”

ORS has an inspection team that, upon finding drugs during container inspection, contacts DPCI to attend the scene.

“Yes, ORS has an inspection team. When after opening a container, then they found drugs, they will contact the DPCI. Or you as a handler, you can also contact the DPCI.”

There is no written process for container inspections; decisions to involve DPCI or only ORS depend on discretion and operational context.

“As I explained, this is the process that we follow when we deal with containers. There is no written process that we can say, this is the office process that was designed. This is what we must do when we deal with containers. So, a handler can decide, here is the information I am getting of drugs. Do I take DPCI with? Or the container is still at the harbour. It must know it is still at the harbour. If it is still at the harbour, it is under the control of ORS. There is nothing wrong by using ORS before contacting the DPCI.”

ORS can inspect containers both inside and outside the harbour; if a stop is placed, ORS handles the container while it remains in the harbour.

“They can also do inspections when it is outside the harbour. But what I am trying to say, if they have placed a stop, then they will deal with it when it is staying in the harbour?”

Operational communication between units such as ORS and DPCI is mostly via phone calls or informal liaison, not formal paperwork, but formal letters (SAP21) are used if necessary.

“You know, Commissioners, at the operational level, it works differently. It does not work with paper all the time. It works with understanding between units which are working operationally. Some of these things, there is no time to say, now here is a container, now you found counterfeit goods, then you must go to your office and write a letter to request DPCI. It does not work that way. You pick up the phone, you call. The person that you are speaking to, you will say, okay, speak to my commander. You speak to the commander, you explain. Or you speak to a commander who lies with the commander of DPCI at their level, at their seniority. They will liaise this, you know. But if there is a need for an official letter, which we refer to as SAP21, which is the letter that we write when we request any information or any assistance within the police, that will be drawn up.”

ORS inspection team is appointed to conduct inspection once container placed at depot; border security commander informed before seals broken and may be present during inspection if dual stop by customs.

“As soon as the container is placed at a depot, ORS inspection team is appointed to conduct an inspection. In the event of the information is provided by Crime Intelligence , the commander of border security will be informed to be present before any seals are broken. If there is a dual stop by customs, then they may also be present during the inspection.”

Some containers may have passed customs and left the port; ORS does not control such containers but police can request detention and inspection anywhere.

“Some containers may have already been released by customs and may have already left the port. In this instance, ORS does not have control over those containers. However, the police can still request a detention wherever it may be and conduct an inspection of the container.”

ORS and customs have their own SOPs designed by the Union Commander in Sea Borders, always followed by Border Security; no written SOP document at office, but guided by intelligence operational processes.

“The ORS and customs have their own SOP which they follow. This SOP was designed by the Union Commander in Sea Borders and has all along been followed by Border Security through the years. There is no written SOP document available to provide in this regard at the office as we are guided by intelligence operational processes.”

Lt-Col Duma explained the operational process of tracing a container upon receiving its number, contacting the transporter, clearing and forwarding agent and ultimately the depot manager to get permission for inspection, stressing the need to protect sensitive information to avoid compromising consignments.

“after gathering information and getting a container number, the first thing when you get a container number you need to contact ORS to try and trace where the container is exactly... I spoke to the transporter and I spoke to the clearing forwarding agent and they referred me to the depot manager. And then I contacted the depot manager. I spoke to her... I just mentioned that it is a container of interest... We just want to check the commodity... I did that to protect the information so that it does not leak that, you know, we lose the consignment.”

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”

The purpose of briefing from a lower-ranked officer to a commander and then to the Section Head of Visible Policing at ORS is to ensure the Port Commander, who is responsible for the port, is informed about operations taking place.

“the purpose, Commissioner, is that the Port Commander who is in charge, he needs to know about operations that are taking place. He is responsible for the port. So whatever information that we want to ... at the hub, it has to go via him. It is a protocol that we follow that it has to go via the Commander”

Briefing ORS at early stages of a container operation includes details of what is going to happen, such as container numbers, suspected smuggling, detention request, and storage reasons.

“it will, you will provide the container number that you have to say this is a container that you have. You suspect it being used in smuggling whatever commodity it is and then your request it to be detained and placed for inspection and ja, you would probably explain the reason why you want to have it stored”

Lt-Col Duma and Commissioner Baloyi agreed that the container was still under ORS control as per their SOP, although Lt-Col Duma was not initially aware of this control.

“with Commissioner Baloyi we did come to a conclusion that it was under it was still under ORS control as per their SOP which I was in a position of and I did not know about it”

Lt-Col Duma testified that without the container number, no action like detention by ORS could be taken to stop the container while at sea; the container in question was only identified on the 21st, and by then it had already been moved to the depot on the 9th, so no timely detention by ORS was possible.

“if you do not have a container number there is nothing you can do ... in this case I am only getting the container number on the 21st and by the look of things with this document it shows that this container was moved on the 9th so when I received the information the container was already at the depot”

Lt-Col Duma claimed no detention notice by ORS was known, only customs detention which was not brought to their attention.

“there was no detention by ORS that I know of, so the only detention that it had was customs which was not brought to our attention”

Numerous black canvas bags containing seven bricks of suspected cocaine were found at the container entrance, inspected by DPCI in Lt-Col Duma's presence, and the exhibits were conveyed to Isipingo SAPS by ORS.

“numerous black canvas bags were noticed at the entrance of the container. These bags were inspected by DPCI in my presence and found to contain bricks of suspected Cocaine. 7 bags were discovered ... exhibits were conveyed to Isipingo SAPS by ORS”

The bags were loaded in an ORS vehicle and transported to the station where counting was conducted.

“I mean, the bags were loaded in the ORS vehicle and transported to the station where the counting was conducted.”

The container was not sealed on the day of operation by the DPCI; however, it was resealed after removal of bags, possibly with an ORS seal.

“No, from what I observed, Commissioners, after the bags had been removed and placed in the police car, the container was sealed with another seal. If I am not mistaken, it could be a seal from ORS, if not the depot, but it was re-sealed.”