head office

General Khumalo selected the panel and recommended it for approval to Head Office; it is standard procedure that the Head Office must approve the panel and panel members are nominated by the selecting general.

“The panel was selected by General Khumalo, sent to approval for Head Office because he cannot sit or have those panels without approval. Head Office must approve it. So, that is basically the standard procedure. You nominate who you want on your panel and send it to Head Office. But the emphasis on the panel was selected by General Khumalo, for, he recommended it for approval to Head Office.”

General Khumalo, Head of Crime Intelligence, had the authority to select the panel for recruitment processes as allowed by SAPS prescripts, and the panel selection is subject to approval by Head Office.

“the prescript gives him the authority to choose that panel and then send it for approval”

General Khumalo selects panels and sends recommendations for approval to Head Office; this is the normal and usual process without indication of capture or irregularity.

“General Khumalo would have selected his panels ... it went to Deputy National Commissioner Sibiya to sign off and approval comes from the Head Office”

Colonel Padayachee expressed concern over the panel that appointed Mrs Mokwele, because although General Khumalo selected the panel members, the panel was not approved by him but only by Head Office, and the recommendations rarely changed upon Head Office approval.

“when we look at the panel of Mokwele, we had concerns there because he selected those people ... but the recommendations of the panels sent to Head Office for approval ... hardly changed”

Once a selection panel is approved by Head Office, it is considered an approved and authorised panel, and the Constitution or legitimacy of the panel is not an issue anymore.

“the panel is approved by Head Office ... there is nothing more we can say about it”

The recommendations for selection panels are normally not changed by Head Office and approvals represent routine confirmation of panel membership lists.

“it is very rare that head office is going to change it ... you can see the pattern that it is not changed”

It is not a problem with General Khumalo that panels are approved without changes by Head Office, as the approval by Head Office validates the panel.

“it is not a problem because it is approved by Head Office”

The panel constitution was approved by Head Office starting with General Khumalo's recommendation.

“although I am saying to you, the panel has been approved by Head Office, but the recommendation of that particular panel started with General Khumalo.”

Colonel Padayachee admitted the panel was chosen by General Khumalo but it required approval by Head Office per the prescripts.

“It was chosen by General Khumalo, but it still has to be approved by Head Office, which is the prescripts as Commissioner ... The panel was chosen by him at that level.”

The charge sheet submitted to court did not reference that the panel had been approved by Head Office; this approval was omitted.

“Nowhere in this charge sheet do you speak of that panel being approved. That somehow is omitted in this charge sheet. Oversight, perhaps or whatever, I just want to establish as a fact that it is not there. The approval is not referenced herein the charge sheet at all.”

Colonel Padayachee confirmed the approval by Head Office was not referenced in the charge sheet.

“The approval is not referenced here.”

The head office has the power to approve or reject the panel selected by General Khumalo.

“Head office will receive it, they either approve it or turn it down.”

Once the head office receives the information note or correspondence from General Khumalo, they approve the panels.

“When they respond, they say your information note or your correspondence dated so and so, the panels are approved.”

Approval granted by the head office makes the panel an approved panel and recommendations given by General Khumalo are approved by head office.

“Well, if the panel is approved by head office, it is approved. It is an approved panel. So that means the recommendations given by Khumalo is approved by head office.”

Brigadier Naicker did not inform the Commission about the safety issues, fearing charges if he reported it to the head office.

“he said if he reported it to head office, he was going to be charged in this and this and this and that”

Brigadier Naicker repeatedly reported safety issues but claimed that reporting to head office would have led to charges against him, creating an atmosphere of intimidation and non-reporting to the Commission.

“he said he reported over and over the issues of the safety to Brigadier Nyuswa, but he said if he reported it to head office, he was going to be charged”

The head office provided four members from unaffected provinces to assist during the civil unrest cases as those cases were very difficult to solve.

“As a result of these cases, the head office also gave us four members from the provinces which were not affected by this civil unrest...because these cases were very, very, very hard to solve.”

There were no monthly or quarterly inspections from September to November 2021 of the file under discussion.

“From September till November there were no inspections? That is correct. Even the monthly inspection? Yes, there was none done. And no quarterly inspection? The quarterly inspection would have now been conducted during the 12th month. Okay, there would have been an inspection in the 12th month but however this enquiry was now taken away by head office on the 28th of November 2021 subsequent to the death of the drugs.”

The enquiry file was removed from the office by head office on 28 November 2021 after the death of the drugs.

“...this enquiry was now taken away by head office on the 28th of November 2021 subsequent to the death of the drugs.”