The exhibits from the drug bust were transported to Port Shepstone and stored in a safe in the offices there, with a Port Shepstone official providing keys to the safe. General Senona and Brigadier Nyuswa were present during the storage and General Senona personally instructed that the safe keys be left with him.
“We arrived...at Port Shepstone offices and we were received by a Port Shepstone official who showed us their walk-in safe...General Senona was checking if the store room was suitable to store exhibits...After storing the exhibits in the safe...the safe keys were handed over to him accordingly.”
The witness and others unpacked and sealed the exhibits at Port Shepstone forensic science lab bags and entered them into the Port Shepstone SAP 13 register.
“We proceeded to Port Shepstone and unpacked and sealed the exhibits in the FSL bags...They were then entered in the Port Shepstone SAP 13 register...which was brought to DPCI offices by the Port Shepstone clerk.”
The exhibits did not go to Forensic Science Laboratory (FSL) but to Port Shepstone, yet Warrant Officer Mpangase did not correct the incorrect SAP register entry at Isipingo, which falsely stated they were going to FSL for analysis.
“...the exhibits did not go to FSL for analysis. They went to Port Shepstone from Isipingo... Why did you not correct the SAP register in Isipingo?...”
The statements of those present at Port Shepstone contradict Warrant Officer Mpangase's statement that the exhibits were going to the lab for analysis; everyone knew the exhibits were only going to Port Shepstone, not to the lab.
“In fact, your entry says analysis. It does not say storage. It says analysis . So I do not accept that you are being truthful about this.”
Warrant Officer Mpangase states that because the receiving party refused to take the exhibits, the items were taken to the lab, and entered this into the book after making the entries.
“the decision that we are going to take them to Port Shepstone, that was the decision which came only after I had made my entries”
Colonel Prinsloo testified that at Port Shepstone there was no SAPS transfer register or documentation for the receipt of exhibits or the safekeeping key, and no formality or documentation was done.
“Colonel Prinsloo testified that there was no SAPS transfer register completed or any form of documentation either in recording the receipt of the exhibits and then to the other part of the safe key. There was no formality or any documentation .”
Advocate Sikhakhane states that at Port Shepstone there was no formal record as to the quantity of exhibits upon their arrival, and the sealing only started the following day.
“what we see then is that what gets into at Port Shepstone, there is nothing formally recorded as to the quantity. In fact, you start sealing it the following day .”
Warrant Officer Mpangase does not recall exactly if the SAP 13 register entries were made on the 22nd but acknowledges if written it should be correct; the reason for returning on the 23rd was to take the exhibits into forensic exhibit bags per Jacob's instruction.
“Do you ever recall that Jacobs said we need to go back there to take the exhibit and put them into the bags forensics exhibit bags . That is the reason why we went back on the 23rd .”
Advocate Baloyi asserts Warrant Officer Mpangase was responsible for the inquiry file after moving from Isipingo Police Station to Port Shepstone and questions why there was no SAP 13 clerk or entries to record the exhibits' movement at Port Shepstone on the 22nd.
“You were responsible for the inquiry file at that point, when you moved from Isipingo Police Station to Port Shepstone. Why did you not arrange for an SAP 13 clerk from Port Shepstone on the 22nd itself to come and enter these exhibits, or record the movement of these exhibits ?”
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 witness states that many questions repeat earlier testimony, specifically about the break-in and theft in Port Shepstone, with more than 50% or 60% of questions simply referring back to previous transcripts.
“there are about 15, but more than 50% or even 60% of those questions, you will find that we actually just refer, the answer is to refer you back to the transcript on many occasions”
General Senona was not intended to be engaged as an implicated person regarding the Port Shepstone drug bust, but as head of DPCI-KZN as part of management ultimately responsible.
“He was never intended to be engaged on the matter as an implicated person . The thinking has always been to engage him as head of DPCI-KZN , ... at the end of the day would , except that the buck stops with him”
Maj-Gen Senona states he is currently under two suspensions related to police disciplinary matters; the first suspension was improperly managed and the second relates to the theft and storage of drugs at Port Shepstone.
“It is two suspensions. The first one, I was suspended, and because evidence was given at the Commission under oath... and then on the 22nd of May, it was 77 days after I was suspended, the suspension was uplifted, of which it was uplifted by my supervisor who did not have the power to do so... On the 3rd... I was provided with another suspension. The second suspension that I am on now talks to the issues of theft and storage of drugs at Port Shepstone.”
Maj-Gen Senona testified about security concerns including alleged burning smells observed by another member but failed to escalate these concerns to his attention after attempts with Supply Chain Management and these concerns were never brought to his attention prior to drug storage at Port Shepstone.
“He testified about these security concerns...At no stage were these security concerns at Port Shepstone brought to my attention prior to the storage of these drugs there.”
Brigadier Naicker visited Port Shepstone to inspect certain SANEB dockets and was informed about cocaine stored in a safe at an office, which caused discomfort due to inadequate security.
“On 20-21-07-29, Brigadier Naicker visited Port Shepstone as he needed to inspect certain SANEB dockets. He was accompanied by two members of Pretoria SOCI SANEB. Brigadier Naicker then spoke to me privately about the consignment of Cocaine that was stored in the safe at my office, and it was clear that he knew it was stored by us. I informed the Brigadier that I was not comfortable with it being stored in my office as the security of my office is not up to standard.”
Maj-Gen Senona prepared a factual report about the theft of drugs at Port Shepstone for General Mosikili, based on information provided to him by Brigadier Nyuswa.
“I requested him to get me the information, and he gave me a draft. And then out of the draft, I did rectify whatever I had to, and then I read it. I was satisfied and then I sent it to the Deputy National Head by then.”
General Senona decided to take the drug bust evidence to Port Shepstone for storage due to flooding problems at Amanzimtoti forensic lab.
“H e s u g g e s t e d a n d s a i d , G e n e r a l , w e c a n t a k e t h e s e t h i n g s t o P o r t S h e p s t o n e b e c a u s e o n a p r e v i o u s o c c a s i o n , w e d i d s t o r e H a s h i s h u n t i l ... w e d i d n o t h a v e a p r o b l e m .”
Maj-Gen Senona indicates the alarm system at Port Shepstone was armed though not linked to armed response, and patrols did security between 18:00 and midnight and between 2 and 4 during the day.
“The patrols at the offices and make OB entries between 18:00 and 12 midnight, between 2 o'clock and 4 o'clock during the day... the alarm was armed, although it was not linked to the security company.”
Evidence from Colonel Prinsloo and Brigadier Nyuswa shows the alarm system at Port Shepstone was not functioning due to loadshedding on that day.
“The evidence of Colonel Prinsloo and Brigadier Nyuswa... has established that the alarm system was not operational... because of loadshedding, the alarm... it could not work.”
MAJ-GEN SENONA limited response on the SAP 13 register to the Isipingo SAP 13 and did not address storage facilities at Port Shepstone in that context, despite questions about it.
“your response to the Commission in 29 January ‘26 confined itself to the Isipingo SAP 13 ... I want to go beyond that ... because I want to confine my question to the Port Shepstone storage”
MAJ-GEN SENONA testified he went to Port Shepstone to check the strongroom where drugs were stored after the seizure, it was the first time he saw those safes.
“I went there at Port Shepstone when the drugs were stored there ... it was the first time I saw those safes there”
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”
General Senona was present at Port Shepstone and was aware of instances where prescriptions were flouted, but failed to act adequately when these floutings occurred.
“It is about his presence at Port Shepstone, his approvals, maybe not approvals, but his failure to act when prescriptions are flouted. That he can respond to.”
There is no record of who was present with Warrant Officer Mpangase while handling the drugs on the 23rd and 24th at Port Shepstone.
“We do not have a record of who at Port Shepstone would have been present with him while he is handling the drugs on the 23rd and the 24th . We do not have that”
Seized drugs were kept in a safe at Port Shepstone for four to five months instead of being sent to FSL within the prescribed period, contrary to the national instruction.
“And as a result, the exhibits were lying there in that safe for four to five months before they were stolen . ... The exhibits must be sent to FSL within a certain period. ... My question is this. ... Why did you and Brigadier Nyus not take any steps to ensure that the exhibits were sent to FSL ?”
In June, the suspected cocaine was believed safe in storage at Port Shepstone.
“when the suspected cocaine was taken to Port Shepstone and stored there, you believe that it was safe, the office where the suspected cocaine was stored ... Correct, Commissioner.”
In KwaZulu-Natal (KZN), there are five Serious Organized Crime Investigation (SOCI) units located at Durban, Port Shepstone, Pietermaritzburg, Richards Bay, and Newcastle.
“In KZN there are five SOCI units. There is one in Durban, Port Shepstone, Pietermaritzburg, Richards Bay, and Newcastle.”
At Port Shepstone, the premises used had two strong room safes accessible only with keys; however, there was a security lapse with the alarm not working after loadshedding.
“When I was the Unit Commander at Port Shepstone, the premises had two strong room safes. What made the property attractive for the DPCI was that the landlord informed us those safes could not be breached. They could only be accessed with the key. I was aware of the security lapse at the premises, such as the alarm not working after loadshedding, but my main focus was the safe that could be used since it was very secure and could only be accessed with the key.”
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 confirms that he and another senior member of the DPCI went to Isipingo police station before going to Port Shepstone, explaining the delay.
“But we went to Isipingo, Commissioners. That is why we were delayed to get to 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.”
Lieutenant-Colonel Prinsloo and Mpangase along with other members were counting the black bags at Port Shepstone, not the individual bricks inside the bags which had been presumably counted at Isipingo.
“And Lieutenant-Colonel Prinsloo and Mpangase and the members were counting these bags, not counting the bricks, counting the bags.”
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 and Supply Chain management at the provincial office were actively reporting directly to General Senona about procuring enhanced security measures at Port Shepstone due to existing security issues.
“We were busy with the Supply Chain to get the proper security for the same office... Supply Chain management at provincial office and myself... were reporting directly to General Senona... At Port Shepstone... even before I assumed the position in 2020... there were problems with the security at Port Shepstone.”
Brigadier Nyuswa confirms Supply Chain management reported directly to General Senona and he also reported to General Senona about procuring enhanced security measures at Port Shepstone during the period including 2018 to 2020.
“They were reporting directly to General Senona... During that period, because this date back from 2018, even before I assumed the position in 2020, there were problems with the security at Port Shepstone.”
Brigadier Nyuswa trusted that the drugs stored at Port Shepstone would be safe despite knowledge that storing drugs there was vulnerable and not intended for long term storage.
“I knew about the application and the security, but I trusted that the drugs would be safe there. And it was not the intention that the drugs would stay long.”
The security application for enhanced security at Port Shepstone was processed but not financed due to lack of funds at DPCI head office, leading to delays with completion.
“when finally Captain van Niekerk got the authorisation to be a procurement officer, last year we did the application and when everything was done, it was finalised, I think it was February and we submitted the application, but it was not financed because the head office of DPCI Finances said there was no money, and that application is going to be redone this year.”
Captain van Niekerk was involved in the procurement process for enhanced security at Port Shepstone before becoming a procurement officer, relying on Colonel Nxumalo of SAPS to check and advise on the application file.
“because at that point Captain van Niekerk was not appointed as a procurement officer, so we relied on the mother board, the SAPS, which was Colonel Nxumalo. So they would poke holes on the file that this and that must be rectified and it would be sent back...”
The application for enhanced security at Port Shepstone is still incomplete and was delayed by lack of financing, but security guards are being appointed and CCTV and biometric entrances are being planned.
“even now we are still in limbo on that...It was not financed because the head office of DPCI Finances said there was no money...And what has happened, the acting National Head advertised the post for security guards for the same office and interviews have been conducted. Those people might be appointed in July or August this year...while we are also doing the CCTV and biometric entrance to the office, which might take some time.”
General Senona could have rejected the suggestion to base the unit at Port Shepstone if he had alternative locations, but Brigadier Nyuswa did not provide any alternative suggestions.
“If he had other alternatives, so we both did not have...No, I hear that. It was because previously you have stored drugs there with no problems...”
As Provincial Commander at Port Shepstone, Brigadier Nyuswa acknowledges that the exhibits were not put in proper exhibit bags, not accounted for, and no SAP13 entry was done on the day in question.
“You can see that no SAP 13 entry is done. You can see that the exhibits are not put in proper exhibit bags and accounted for ... you knew that the prescripts were not being complied with.”
Brigadier Nyuswa agrees he was responsible to take action once he saw Warrant Officer Mpangase did not ensure exhibits were bagged at Port Shepstone.
“So you were responsible to take action once you saw that Mpangase did not ensure that the exhibits are in exhibit bags when they were left at Port Shepstone. Yes.”
Brigadier Nyuswa expected that General Senona would assist by using his seniority to get the exhibit out of Port Shepstone, but did not ask him directly.
“In my mind, I thought maybe he will make some attempts to also assist to get the exhibit out of Port Shepstone.”
There was a failure to act against members who reported violations of exhibit handling and storage protocols at Port Shepstone, allowing a culture of non-compliance to persist for five years.
“the way the exhibits are being handled, the way they are being stored . And your failure to take action against members who reported to you on the day ... for five years you do nothing about it and people continued doing the same thing over and over again ... it creates this culture where prescriptions are just there on paper. Nobody complies with them and people do as they please . And seniors at your level do not do anything about it . They do not take action against those officers .”
On 23 June 2021, Lieutenant-Colonel Sibiya was informed by Warrant Officer Mpangase that they needed to go to Port Shepstone to place the exhibit inside forensic bags and collect keys from provincial office due to no parking at the site.
“On the 23rd June 2021 in the morning, I was informed by Warrant Officer Mpangase that we needed to go to Port Shepstone to place the exhibit inside the forensic bags. We then went to provincial office to collect the keys. We remained in the vehicles since there was no parking and Warrant Officer Mpangase picked up the keys.”
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 ...”
There is an important issue regarding the National Instruction requiring that exhibits be dealt with at the police station where the crime occurred, but the diary of Mpangase does not record how exhibits ended up in Port Shepstone; only Sibiya and Jacob claim this, and Jacob later retracted his firm position.
“You will agree it is an important issue because the National Instruction does require you to do all of this at the police station where the crime occurred. Now, the diary of Mpangase does not record such an important fact that would explain the anomaly and irregularity of taking these exhibits to Port Shepstone. How do they land in Port Shepstone? There is no record of that. It is you and, it is only you and Jacob in the written statements who say this, but now it is only you because Jacob in his testimony ended up retracting his firm position in saying, actually, I do not remember explicitly asking him or having a discussion with him about space.”
Lt-Col Sibiya's current explanation about the conversation and why exhibit bags were not left at Isipingo is inconsistent with previous accounts and appears to be made up to provide a reason.
“I want to suggest to you that you made up, in this clarification statement, you made up a reason why these exhibits end up not being left at Port Shepstone. And what you make up is to say they had a conversation, Jacob and Perumal, and Perumal said, I do not have space.”
The exhibits could not be accommodated at the station and arrangements were made for them to be stored at a secure location in Port Shepstone, but it is not stated that Warrant Officer Perumal was the source of this statement or he refused to accommodate exhibits.
“The exhibits could not be accommodated at the station and arrangements were made for it to be stored at a secure location in Port Shepstone. It does not say that Warrant Officer Perumal said that he could not accommodate them. It does not suggest that that came from Warrant Officer Perumal.”
Colonel Jacobi was not part of any discussion considering alternative police stations for storage; Port Shepstone was chosen without alternatives mentioned to him.
“No, I was not part of that discussion. It never crossed my mind.”
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.”
After Warrant Officer Mpangase was in charge, he briefed the escort team to load the exhibits, informing them that the exhibits were drugs and needed to be escorted to Port Shepstone.
“Mpangase now was in charge, we waited for the escort. As soon as the escort arrived, Mpangase briefed the escort to say that we have got drugs here, we need to load them in the vehicles, and we are escorting them to Port Shepstone.”
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”
Mpangase was instructed by Colonel Jacob to go to Port Shepstone to take samples and then book the exhibit into the SAP 13 system, taking samples before the booking occurred.
“Mpangase informed me that he was advised by Colonel Jacob to go to Port Shepstone , take samples , and then book the exhibit at the SAP 13 ... He took samples even before he booked them”
Drugs seized and stored at Maydon Wharf lay there for three months before the lab accepted them after a theft at Port Shepstone.
“these drugs lay at Maydon Wharf for three months and it was only subsequent, or after the theft of the drugs in Port Shepstone, that now the lab saw fit to start accepting these exhibits”
COLONEL JACOBDay 113 · 04 Jun 2026Refers to: 2021Location: Maydon Wharf, Port Shepstone
COLONEL JACOB followed what he deemed a lawful instruction from Brigadier Nyuswa to store drugs at Port Shepstone despite not being sure of the facility's suitability.
“I followed an instruction that I deemed lawful ... I complied with that instruction”
COLONEL JACOB admitted he did not do due diligence on Port Shepstone facility's suitability for storing exhibits despite previous storage of exhibits there.
“I did not do any due diligence from my side ... I was satisfied that if exhibits were kept there previously ... I would have expected that facility to comply”
COLONEL JACOB complies with instructions from Brigadier Nyuswa to store exhibits at Port Shepstone and relayed the instruction to Warrant Officer Mpangase to ensure compliance.
“I complied with that instruction. I then relayed that instruction to Warrant Officer Mpangase to ensure compliance”
Colonel Jacob states that exhibits were kept in Port Shepstone and that his senior officer arranged necessary precautions including a tracking team and armed escort for the transfer of exhibits to Port Shepstone.
“when he made that statement, do you recall, we kept exhibits from Port Shepstone there... he had arranged a tracking team, an armed escort of tactical members to escort it to Port Shepstone.”
Colonel Jacob clarifies that moving the exhibits out of Durban was not mandatory and he did not suggest storing exhibits in an unusual or far-out location.
“I was not insinuating that now it must be taken to some far-out location that we have never stored exhibits at before.”
Colonel Jacob relayed the instruction from Brigadier Nyuswa to Warrant Officer Mpangase that the exhibits must be moved to Port Shepstone and armed escort arrangements were made by the Brigadier.
“...the Brigadier has instructed that these exhibits go to Port Shepstone ... The Brigadier has now arranged our tracking team to do an armed escort to Port Shepstone office.”
Advocate Khumalo expressed no issue with samples being sent to FSL, but raised issue with the timeline and the fact that Colonel Jacob was repeatedly in contact with Setshedi, who gave a version of events involving a request to destroy drugs due to threats of theft at Port Shepstone.
“My issue with you has to do with the timeline, you being there... and by the way, between you and Setshedi there is not much difference in terms of versions... He says you told him there were people who wanted to break into Port Shepstone to steal the drugs and that was your reason for wanting the drugs to be destroyed.”
The removal of drugs from Port Shepstone was due to the attempted break-in and genuine concern for safety.
“I understand that your approach to FSL on the 27th was to remove the drugs from Port Shepstone , because of the attempted break-in . Now you were truly worried for their safety .”
COLONEL JACOB explains the drugs at Port Shepstone were kept a whole consignment because the lab had no space to accommodate and drugs were not analyzed until space was available nearly two years later.
“If I may use the example of the Isipingo Mandrax . That was also , it is not that much different to our scenario here at Port Shepstone . We are sitting with a whole consignment of drugs . The lab does not have space to accommodate it . So in that case , there was no analysis done . It is only one year , nine months later , after the theft of this Cocaine that now FSL Pretoria says now we have got place and miraculously they take those exhibits from February 2020 .”
Colonel Jacob states that the decision to store the drugs in Port Shepstone was taken between General Senona and Brigadier Nyuswa, not by him.
“I think in a nutshell, I am trying to say, Commissioner, is that it was the decision to be stored in Port Shepstone was taken between the General, General Senona and Brigadier Nyuswa.”
Colonel Jacob asserts that normally the investigating officer is responsible for securing their exhibits, but in this exceptional case, finding alternative storage was a duty of his superior, Brigadier Nyuswa.
“Normally, yes. ... In this case, it was an exceptional circumstance, meaning it was out of the course of our ordinary line of work. I needed intervention from my Brigadier to find a spot. The Brigadier is the one who found a place in Port Shepstone.”
Colonel Jacob emphasizes that although he was the investigating officer, Brigadier Nyuswa was senior to him and responsible for deciding on a secure storage location amid an ongoing security threat including an attempted break-in.
“I am the investigating officer. He is senior to me. He chose a place. Now there is a security threat. There is an attempted break-in. The onus would fall on him, although I am the investigating officer, to find alternate storage.”
Colonel Jacob explains that Brigadier Nyuswa's involvement was to assist him in finding a place to store the exhibits when he ran out of options, not to take responsibility for the exhibits' security.
“His intervention is to assist you get a place, not to take responsibility. It is because you invited him to assist you find a place and he says they can go to Port Shepstone. That is all he does.”
Colonel Jacob stated he had no active role in the investigation that led to Warrant Officer Sander's transfer; a Colonel from Port Shepstone office handled it.
“I had no active role in this investigation . It was handled by a Colonel from Port Shepstone office .”
Colonel Jacob admits he had no involvement with the physical exhibits after they were deposited at Port Shepstone and had never inspected or counted them himself until after their theft.
“In the time after the exhibits are deposited at Port Shepstone, you did not have anything to do with these exhibits. You never came to know what is in that room... You had nothing to do with the physical exhibits in the entire time until they were stolen.”
On 22 April 2026, General Flynn conducted inspections and was informed about the 22 June 2021 drug seizure and other cases; he did not ask questions or seek clarity, and the investigating team later received new information implicating members in drug theft in Port Shepstone on 8 November 2021.
“On 22nd of April 2026, General Flynn was at my office conducting inspections on all our cases on hand... He did not bother to ask any pertinent questions or seek clarity on any issue regarding this matter... This led to an individual coming forward in early February 2026 who claimed to be involved in the planning and execution of the theft of drugs that occurred in Port Shepstone on 8 November 2021... The head of office investigation team was situated in Gauteng and would not have been in a position to immediately respond to this... I informed General Flynn of this new information...”
The theory that the drugs were placed in Port Shepstone so corrupt members could steal them has some credence due to the high risks at the storage place, but General Flynn should have reassessed his investigation after new information implicated some members; Flynn mentioned significant progress but did not attribute it to the Durban DPCI members.
“The high risk associated with that storage place lends credence to this theory... However, the General ought to have reassessed his investigation regarding the theft of drugs after this new information given to him by some of the very same members he is implicating. He alluded to significant progress in the matter during his evidence... He did not bother to mention that this is as a result of the Durban DPCI members mentioned above.”
Theory that drugs were placed in Port Shepstone so corrupt members could steal it is plausible but without credible evidence.
“In the absence of any credible evidence before his visit to my office, his being General Flynn, I can understand how it is a plausible theory that the drugs were placed in Port Shepstone so that corrupt members could steal it.”
Colonel Jacob denies involvement in the decision to store drugs at Port Shepstone and suggests General Flynn did not properly investigate this matter.
“It is clear that I was not involved in the decision to store at Port Shepstone, but it is being insinuated that I initiated or was part of this planning... General Flynn ought to have investigated properly... He had clearly not known about the fact that these exhibits were stored there.”
On 21 January 2022, Warrant Officer Setshedi found out from DPCI HQ representatives that there was a conversation with Colonel Jacob about 27 October 2021 related to 541 kg of suspected cocaine seizure.
“I only found out on 21 January 2022 that the conversation I had with Colonel Jacob on 27 October 2021 was about the 541 kg of suspected Cocaine.”
Warrant Officer Sander was subpoenaed to appear to provide evidence about drug busts including the Port Shepstone theft and other drug busts around Durban in that period.
“Warrant Officer Sander's name appears in many other instances related not only to the Port Shepstone theft but other drug busts that occured in Durban around that period, and so therefore we subpoenaed him to appear today to give evidence.”
Warrant Officer Sander provided a statement to the Commission related to the Port Shepstone stream and is expected to testify about his career and important highlights since joining the police force.
“Warrant Officer Sander's statement can be found in the Consolidated Statement file section 3 and it is an annexure to Colonel Jacob's statement, which he has submitted to the Commission... The witness is Karl Ronald Sander and he is taking the oath.”
Warrant Officer Sander was made a suspect by General Senona in connection with the Port Shepstone theft and was polygraphed, although he was never at the Port Shepstone office or involved in the theft.
“I was a suspect. I was called in I was polygraphed for it. I was never there. That is all I know about the Port Shepstone matter.”
Inspections at DPCI units are conducted quarterly by senior officers, reporting weaknesses and security issues to Brigadier Nyuswa.
“Every quarter, inspections are conducted at each of these five serious organised crime offices. They would normally take a senior officer from one of the other units. They say they are going to inspect Port Shepstone... Ultimately, that report, after the inspection, is submitted to Brigadier Nyuswa to show all the weaknesses and problems at the units.”
Brigadier Naicker, SANEB coordinator under DPCI, told Lt Colonel Prinsloo about the cocaine stored at his office but did not provide a plan for the exhibits storage.
“‘On the 29th of July 2021, I met Brigadier Naicker at our office at Port Shepstone. As I said before, he is the SANEB coordinator. That is the South African Narcotics Enforcement Bureau and that falls under the DPCI. ‘He told me about the cocaine stored at our office. I did tell him that I was not comfortable with the exhibits being stored at the office as the security was not up to standard.’ ‘He did not tell me, so I do not think he knew what the plan was with it.’”
Crime scene report normally goes to the investigating officer in charge, named as Brigadier Sibiya of UGU District Detective Commander, not to local office or detectives.
“Commissioner, it goes to the investigating officer, Brigadier Sibiya. He was in charge of the scene. He is the UGU District Detective Commander. He came out to the scene. He appointed Sergeant Jones from his office. He was going to be the investigating officer.”
Lt-Col Prinsloo denies that polygraph tests were conducted on all involved in the cocaine delivery at Port Shepstone; only he was informed and others were unsure.
“Commissioner, that was never communicated to us. It only communicated to me... So the rest of the officers, I do not know.”
Chairperson acknowledges a wide group of suspects including outside the DPCI and SAPS, who could have been informed about the cocaine's storage in Port Shepstone by law enforcement officers.
“So there is that wide, amorphous group of suspects as well, but number one is DPCI.”
Lieutenant Colonel Prinsloo states that the team assisted Warrant Officer Mpangase with manpower to bring the drugs to Port Shepstone because they are well armed.
“The possibility is there, Commissioner, that they just assisted Warrant Officer Mpangase for manpower to bring the drugs there to Port Shepstone, because they are obviously well armed.”
The property seized in Port Shepstone should be locked in a temporary storage facility at CSC and then handed over to the Station Commander or exhibit official, who was Warrant Officer Perumal at the relevant time.
“a l l p r o p e r t y e n t e r e d i n t h e S A P 1 3 m u s t b e l o c k e d i n a t e m p o r a r y s t o r a g e f a c i l i t y a t C S C , w h e r e t h e y m u s t b e k e p t s a f e l y u n t i l h a n d e d o v e r t o t h e S t a t i o n C o m m a n d e r o r e x h i b i t o f f i c i a l . I n t h e c a s e o f t h e P o r t S h e p s t o n e s e i z u r e a n d t h e S A P e n t r y a t I s i p i n g o , w h o w o u l d h a v e a t t h e t i m e b e e n t h e e x h i b i t o f f i c i a l ? W a r r a n t O f f i c e r P e r u m a l”
The SAP 13(g) transfer document is a required, separate document completed by SAP 13 officials whenever exhibits are transferred from one police station to another or between SAP 13 stores.
““ T h e t r a n s f e r d o c u m e n t , S A P 1 3 ( g ) i s c o m p l e t e d b y t h e S A P 1 3 o f f i c i a l i n a l l i n s t a n c e s w h e r e e x h i b i t s a r e t r a n s f e r r e d f r o m o n e p o l i c e s t a t i o n t o a n o t h e r o r b e t w e e n S A P 1 3 s t o r e s .””
The receiving station for the transfer of exhibits in this instance would be either Port Shepstone Police Station or the DPCI SAP 13 office in Port Shepstone.
“o n e o f t w o , P o r t S h e p s t o n e P o l i c e S t a t i o n o r t h e D P C I S A P 1 3 i n P o r t S h e p s t o n e”
The transfer of exhibits in this case went to Port Shepstone Police Station and not to the SAP 13 office of the Serious Organized Crime Unit at Port Shepstone.
“it w e n t t o P o r t S h e p s t o n e P o l i c e S t a t i o n a n d n o t t o t h e S A P 1 3 o f t h e S e r i o u s O r g a n i z e d C r i m e U n i t a t P o r t S h e p s t o n e”
The exhibits at Isipingo police station were already contaminated unless the colleagues handling them wore gloves, and they were not properly photographed, sealed in exhibit seal bags, or entered into the SAP 13 register, causing risk during transport to Port Shepstone.
“the exhibits were already contaminated, unless the colleagues had gloves on ... could still have been photographed properly by LCRC, as well as properly sealed ... and entered into the SAP 13 register ... any thing can happen along the way”
An entry in the SAP 13 register dated 2021-06-22 stating 'items taken for analysis' is a false entry as the exhibits were never taken for analysis on that date and instead were moved from Isipingo to Port Shepstone and never submitted for analysis.
“this entry is a false entry, because the exhibits was never taken for analysis on that date. It is completely misleading. Of course, the exhibits went from Isipingo to Port Shepstone and was never submitted for analysis as depicted here”
There was no urgency to call LCRC to the Port Shepstone scene, unlike the Durban cocaine seizure where urgency was due to trying to beat criminals to the container; the Port Shepstone scene was a controlled environment (a warehouse), easily containable.
“Commissioners, as explained by Colonel Jacobi, he indicated that the scene became busy with the perhaps individuals arriving at the warehouse yard. But I also explained that that is a controlled environment already, per se, as it is a warehouse. And it could have been easily contained where an outside perimeter, an inside perimeter could have been deployed.”
Suspected cocaine could not be submitted to FS Laboratory immediately due to insufficient space in their vaults; exhibits were eventually accepted by FSL in Pretoria on 12 November 2021 after a burglary and theft of 541 kilograms of cocaine at Port Shepstone.
“It is alleged that the suspected Cocaine could not be submitted to FSL as they did not have enough space in their vaults . The exhibits were accepted by FSL in Pretoria on 12 November 2021 , after the burglary and the theft of the 541 kilogramme of Cocaine at Port Shepstone .”
In the 2021 cocaine seizure, storing the cocaine in Port Shepstone compromised investigation integrity and led to theft, impairing efforts to find traffickers.
“In my opinion, the Cocaine seized in 2021 should never have been stored in Port Shepstone. The crime scene management failings compromised the integrity of the investigation, and the subsequent theft of the Cocaine was severely compromised our ability to find the traffickers.”
General Senona was involved in the decision to take the cocaine to Port Shepstone and he kept the key; he played an active role and was privy to the activities.
“General Senona was involved in the decision to take the drugs, the Cocaine, to Port Shepstone. And in the end, he kept the key ... He visited the Port Shepstone offices shortly after the seizure and took possession of the key. That is active participation ... He was privy to the activities.”
Police stations are manned 24 hours per day, with armed police officers on duty, providing superior security compared to the Port Shepstone facility which does not have such presence.
“At Port Shepstone, indeed inferior to at the police station, because police stations are manned 24 hours per day. So there is, at all material times, armed police officers on duty at the police station, which was not the case at Port Shepstone”
From own knowledge, no drugs were kept at Port Shepstone offices except what was seen on TV and an unconfirmed consignment at SAP13 facility.
“I am not aware of any such, except for what I have seen at the Commission over TV, that apparently there was consignments of, or a consignment, kept in that SAP13 facility. But from my own knowledge, I cannot confirm that”
There is an implication of improper motives for sending the seized drugs to the DPCI facility in Port Shepstone instead of more suitable facilities.
“you seem to be implying, without saying it, that there were improper motives for sending these drugs to the DPCI facility in Port Shepstone, because you are suggesting that there were other more suitable facilities”
The cocaine was stored at the DPCI facility in Port Shepstone instead of other nearby locations like Maydon Wharf, Brighton Beach, Umbilo, or Durban Central, which was only 24 km away from Isipingo.
“the cocaine was taken to a DPCI storage in Port Shepstone. The cocaine was not stored at the Maydon Wharf, at Brighton Beach, at Umbilo, or at Durban Central, the furthest of which is Durban Central, is only 24 kilometres from Isipingo”
The police handled the crime scene improperly from the beginning, which led to everything going wrong and ultimately the theft of the cocaine.
“The very first involvement of the police, they handled the scene wrongly and from that point on, all the way to the storage in Port Shepstone, everything is going wrong and the culmination is the theft of the cocaine”
There was an attempt to break into the Port Shepstone premises in early October 2021 before the cocaine theft to mitigate the threat by storing exhibits at the premises.
“reference is made to an attempted break-in at the premises in early October 2021 , a few weeks before the 2021 theft ... attempts were made to finalize the investigation to mitigate the threat posed by storing exhibits at the premises”
Warrant Officer Setshedi indicated needing about 7 bricks of cocaine from the seized exhibits for analysis and reiterated that Forensic Science Lab in Amamzimtoti does not have space to store the exhibits, requiring additional cocaine to be obtained.
“Warrant Officer Setshedi indicated that he needed approximately 7 bricks of cocaine from the exhibits seized. He further reiterated that FSL does not have space to store the exhibits. The IO had arranged with FSL that additional bricks of cocaine from Port Shepstone could be obtained during the week of 5 November 2021”
After the attempted break-in at Port Shepstone, no attempts were made to increase security or move the cocaine to a more secure location despite the Forensic Science Lab being at capacity with other cocaine seizures.
“No attempts were made to increase security at the premises or to move the cocaine to a more secure location after the attempted break-in”
The 1,000 kilogram bust was sent to FSL after the Port Shepstone incident; absence of that incident might have meant the bust was not transferred to FSL.
“this 1,000 kilogram cocaine bust was only sent to FSL after November, which means after the Port Shepstone incident, which means it is possible that if the Port Shepstone incident had not happened, this bust would also not have been transferred to FSL”
Lieutenant Colonel S R Singh, Acting Section Commander for Counter Intelligence, Crime Intelligence KZN, submitted a report on 22 January 2020 to various heads of Crime Intelligence and National Head Security Standard Counter Intelligence regarding security breaches at Port Shepstone following the break-in incidents.
“on 22 January 2020, Lieutenant Colonel S R Singh... submitted a report to the Provincial Head of Crime Intelligence KZN... to address the security breach at the Port Shepstone premises following the 20 January 2020 break-in”