Warrant Officer Phokungwana

On 2021-07-09, Samuel Mashaba contacted Warrant Officer Phokungwana from Aeroton SAPS and received via WhatsApp the cellphone number of Warrant Officer Magane from Zonkizizwe SAPS.

“On 2021-07-09, which is the day of the incident, Samuel Mashaba called Warrant Officer Phokungwana from Aeroton SAPS, who then gave Samuel Mashaba via WhatsApp the cellphone number of Warrant Officer Magane of Zonkizizwe SAPS”

Samuel Mashaba received the phone number of Joseph Marumo (saved as Marumos) from Warrant Officer Phokungwana on 2021-07-09 and could not have called before receiving it.

“So he received the number from Phokungwana ... he could not have phoned before he received the number ... So he received the number from Phokungwana”

Call records show that on 2021-07-09, Samuel Mashaba spoke to Warrant Officer Phokungwana for almost two minutes at 05:38, received Joseph Marumo's number at 05:41, then called Marumo and later Phokungwana again.

“at 05:38, that is when Samuel Mashaba spoke to Warrant Officer Phokungwana for almost two minutes ... then number was given to Samuel at 05:41 ... then Marumo, second call 07:12:30 ... then he phoned Warrant Officer Phokungwana”

Warrant Officer Phokungwana's call location data shows he was at Sunward Trinity Church and later at Windmill Park on 2021-07-09.

“The call data request is Warrant Officer Phokungwana ... to say Sunward Trinity Church, he was there ... later on the last call, he was at Windmill Park”

Digital evidence including WhatsApp and Telegram messages show consistent communication between Tumelo Nku and Samuel Mashaba regarding containers suspected to conceal illicit goods and logistics around transport and retrieval.

“The analysis of the extracted handset data, WhatsApp chats, Telegram messages, Three mac screenshot images, call data records and movement reports indicates a consistent pattern of communication and utility between Tumelo Nku, and Samuel Mashaba and other identified individuals ... The Three mac communications show repeated references to containers, vessels, Pier 1, Customs, seals, truckers, transporters, and stuff ... The communications further indicate that Tumelo Nku, using the alias Philipp Plein, was in direct communication with the user identified as Alpha ... The cell phone data records places Tumelo Nku in the vicinity of Durban and KwaZulu-Natal during relevant periods when the Three mac conversations concerning containers and port activities took place, including May 2021 and July 2021 ... The Telegram communications between Tumelo Nku and Samuel Mashaba, including the shared route to Yellow Jersey Logistics, together with call data records and images found on Tumelo Nku's device, establish a further linkage between the subjects, Yellow Jersey Logistics and the container later found at Aeroton crime scene ... The images recovered from Tumelo Nku's device, including images of bags wrapped in black tape and images reflecting container or transport information, further corroborate the communication and movement analysis relating to the container and its contents ... The call data records analysed in respect of Tumelo Nku, Yellow Jersey Logistics, Sandra Engelbrecht, Samuel Mashaba, Warrant Officer Phokungwana, and Marumo Joseph Magane show communication linkages before and on the day of the incident, including the sharing of locations and contact numbers relevant to Yellow Jersey Logistics and the movement of the container ... The WhatsApp and Telegram communications between Tumelo Nku and Samuel Mashaba establishes that there was an existing relationship between them prior to the incident and that their communication included... The totality of the digital evidence analysed indicates that Tumelo Nku played an active role in monitoring, facilitating, and communicating about the movement of containers from the port of Durban to Gauteng, and that it was linked to communication and movement data to other persons relevant to Booysen's CAS ... The digital evidence supports the existence of a coordinated network of individuals communicating across encrypted messaging applications and ordinary cellular platforms in relation to the movement of containers, transport arrangements, and the suspected retrieval of illicit goods.”

Warrant Officer Phokungwana referred Chief Mashaba to Warrant Officer Magane early in the morning hours after 3:41 AM on 9 July 2021, as Phokungwana could not assist.

“Warrant Officer Phokungwana could not assist you and he referred you to Warrant Officer Magane .”

ADV BALOY SC alleges that Chief Mashaba already knew at 03:41 that assistance from Phokungwana and Magane was needed for an operation, contradicting Chief Mashaba's earlier evidence that he only knew in the morning after meeting Mr Nkuo on the 10th.

“at 03:41 already you had called Phokungwana to say I need assistance...your earlier evidence ...cannot be true”

ADV BALOY SC challenges Chief Mashaba's denial and states there is evidence that Chief Mashaba had called Phokungwana at 03:41 saying he needed assistance, disproving Chief Mashaba's earlier evidence about timing of knowledge.

“It is false... at 03:41 already you had called Phokungwana to say I need assistance...This documents say it is false your evidence”

ADV BALOY SC states that assuming the document is not doctored and true, then the timing of the communication at 03:41 means Chief Mashaba's earlier evidence is false.

“assuming this document is a true reflection... the 03:41 contact from Phokungwana...means your earlier evidence ...is false”

ADV BALOY SC emphasizes if the document is true, Chief Mashaba's evidence about only knowing after meeting Mr Nkuo is false and he mobilised resources earlier based on the information received at 03:41.

“If what is contained in this document is the truth...the timing...shows that your earlier evidence ...is false”

Chief Mashaba called Warrant Officer Phokungwana according to the phone call log evidence under discussion.

“Mashaba phoned Phokungwana”

The call log shows Chief Mashaba called Phokungwana first, Phokungwana then called Magane, and Magane called Phokungwana afterwards.

“Chief Mashaba called Phokungwana ... Phokungwana called Magane ... Magane also called Phokungwana”

There is a table indicating RICA numbers and chat participants, confirming communication between Chief Mashaba and Warrant Officer Phokungwana.

“it indicates the two participants of the chat ... the RICA number of Warrant Officer Phokungwana is the one that ends with 794 ... and ... for Mr Mashaba”

Mashaba did not know Magane before 9 July 2021 and was introduced by Warrant Officer Phokungwana, who was hospitalized for COVID at the time.

“I have noticed in the downloading record of all accused, that Mashaba did not know Magane before 09-07-2021 ... introduced to each other by a person thought as Police Alberton, who became to be known to me as Warrant Officer Phokungwana, who at the time was hospitalised for COVID”

Whatsapp calls show communication between Phokungwana and Mashaba while submitting a telephone number on a WhatsApp chat.

“these people called each other, Phokungwana and Mashaba. The calls lasted for - I cannot now, but it lasted – it shows that that is when he was submitting the telephone number of - because on the WhatsApp chat, he said, you will get one. Then, after that call, Mashaba is making a call too.”

Nku communicated instructions to Mr Mashaba regarding a concern about the interception of drugs.

“Nku then introduced that information to the General , of which the General is Mr Mashaba ... That is when Mashaba now called Magane ... which means, this one I can just assume to say Phokungwana was giving them the number of Magane.”

Captain Sebola opposed bail on 21 July 2021 and witness statements including those of Colonel Sephungu were submitted to prove innocence, resulting in bail being granted the same day.

“On the 21st of July 2021, Captain Sebola came to oppose bail and we submitted our witness statements of Colonel Sephungu, Lieutenant Colonel Mangena, Captain Medupi, Warrant Officer Magane, Warrant Officer Phokungwana, Warrant Officer Chidi, Sergeant Phakula, Sergeant Sapean and Sergeant Maja as exhibits to prove our innocence. We were granted bail on the same day.”