Iby Boss

Mr Maphatsoe informed Mr Nku in or about May 2021 that he allegedly required assistance relating to a shipment involving drugs connected to Iby's competitor, with the intended objective of using information to enable law enforcement to intercept the consignment.

“Mr Maphatsoe informed me that I by allegedly required assistance in relation to the movement of a consignment. I was informed by Mr Maphatsoe that I by required assistance with tracking a shipment which was said to involve drugs and which was allegedly connected to Iby's competitor. As it was explained to me the intended objective was to use information relating to the shipments so that law enforcement could intercept the consignment.”

The main objective of the bust was that the consignment must not reach its intended recipient, who is a drug trafficker and competitor of Iby Boss; the bust being recorded was crucial for credibility and reputation reasons.

“The main objective was that the consignment must not reach its intended recipient an bust is significant in that that would be the only indicator to I by that that was successful to do. Say for instance if the consignment was stolen without a recording of a bust there would not have been proof that the intended objective was met and over and above that an occurrence of a bust becomes recorded. It becomes a matter of public information so from a credibility point of view it would affect the reputation of the other party. The objective was not particularly relating to the consignment itself, but there are broader based schemes in terms of having access. So, the bust being lawful or unlawful, the most important thing was the bust occurring and a bust recorded, an objective would have been met.”

Iby Boss is a drug trafficker and his competitor, also a drug trafficker, was the intended recipient of the consignment.

“Iby Boss is a drug trafficker, correct? ... The intended recipient is also a drug trafficker. ... And the intended recipient is a competitor of Iby Boss.”

The intended recipient and Iby Boss both knew about the consignment and that the drugs were on the way, and Mr Nku was tasked by Mr Maphatsoe and Iby Boss to make sure the competitor does not get the shipment.

“Iby Boss would have to know that the consignment is intended for his competitor. ... And the competitor also knows that the drugs is on its way. ... You are then there ... tasked by Mr Maphatsoe and Iby Boss to make sure that this rival does not get the intended shipment, the drugs.”

If Iby Boss had obtained the drugs, it would have led to a turf war because the drug bricks are branded with a particular brand indicating their gang affiliation.

“If he would have gotten them, there would have been a turf war, because it would seem... there are markers of sorts ... indicating gang affiliation.”

The bust would have the benefit for Iby Boss of cutting or short-circuiting his competitor, disrupting the competitor's reliability and continuing supply relationships with suppliers.

“And then in that scenario what is the benefit to Iby if the drugs gets confiscated, so if there is a bust, whether lawful or unlawful? He would have cut or short circuited his competitor.”

There were no intentions to conduct the bust operation alone; the intended outcome was always for there to be a bust to establish the competitor's unreliability to their suppliers.

“No, at no point were there any intentions to do it alone. The intended outcome was for there to be a bust, ... so the whole point was for there to be a discovery that the competitor is unreliable to the people they are dealing with.”

Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.

“Mr Nku had direct WhatsApp communications with a person called Alpha, who is identified as Iby Boss; however, he disputes that certain screenshots presented show direct chats with Alpha, explaining that some were forwarded from another device.”

There was a WhatsApp conversation on 7 April 2021 between Iby Boss and Mr Nku discussing someone not being allowed on a flight from Amsterdam.

“a conversation that occurs on the 7th of April 2021... a message sent by Mr Nku to Iby Boss says: "Boss, they did not let him on the flight from Amsterdam. Tell everyone he is not coming."”

Chief Mashaba accepts that his thumbs-up response to Mr Nku's forwarded communication means he was part of the communication circle about the person not coming from Amsterdam and postponing preparations.

“Yes, I agree. ... I agree. ... At that time, yes, even if I might have forgotten now. ... Yes, at that time it means yes, I was.”

The exchange between Iby Boss, Boss Iby and Mr Nku about the person not being let on the flight from Amsterdam was forwarded to Chief Mashaba by Mr Nku, and Chief Mashaba was part of the communication circle regarding this matter.

“The exchanges between Iby, Boss Iby and Mr Nku at page 264 about this person not being led onto the flight from Amsterdam is not coming, that it is forwarded to you by Mr Nku as we see at page 120, and your response is a thumbs up, must mean that you were part of whatever communication was happening between Mr Nku and Boss Iby, Iby Boss.”

WhatsApp messages from 29 June 2021 between Chief Mashaba, Mr Nku, and Iby Boss show discussions about keys, a phone being off, and references to legal issues involving General Mashaba.

“Mate, he will not give me the keys or the phone. He says legally, he cannot. He put up a big stink about General Mashaba. Also, he said it was a silver X5 with two white guys. They have footage, but it is not clear...”

Chats reveal communication between Mr Nku and a person identified as Iby Boss regarding inquiries and information sharing.

“You see at page 110 he is receiving it from you ... And then at 141 it shows that he is sending it.”

Chief Mashaba admits he does not know who Iby Boss is and only refers to him as boss because Mr Nku tells him so.

“If Nku says to me, I talk to the boss, that necessarily mean I know that person he is talking to. I will only refer him as the boss because Nku says to me, that is my boss. I do not even know this I by Boss. I do not know.”