Warrant Officer Magane

The witness was instructed by Chief Mashaba to follow law enforcement officers during the drug bust, despite their initial expectation to only point out the location.

“...I w a s o f t h e i m p r e s s i o n t h a t a n o p e r a t i o n w a s g o i n g t o b e c o n d u c t e d a t Ye l l o w J e r s e y. H o w e v e r, a d e c i s i o n w a s t a k e n a n d I w o u l d d e e m m y s e l f a b y s t a n d e r t o t h a t d e c i s i o n b e c a u s e u p o n C h i e f M a s h a b a ' s r e t u r n w i t h Wa r r a n t O ff i c e r M a g a n e , I w a s i n s t r u c t e d t o f o l l o w b y C h i e f M a s h a b a ...”

Advocate Baloyi states that Mr Nku and Warrant Officer Magane were sufficient to handle the drugs and that they planned to take the drugs to Zonkizizwe or Alberton, but Mr Nku did not want others to know about these drugs and did not tell his superiors because of distrust.

“He and Warrant Officer Magane were sufficient. They were going to take those drugs, and their plan, I think he said one of them said we will take them to Zonkizizwe, another one said would have taken them to Alberton ... he did not want anyone else to know about these drugs, and we had a lengthy debate with him about this bust. He did not tell his superiors, he did not tell anybody because he does not trust people.”

Mr Nku warns that the drugs involve senior people in the SAPS and was careful whom he involved, hence he did not want to spread the word about the bust.

“He was quite careful who to involve ... You warned him that these drugs belong or involve some senior people in the SAPS, so he was quite careful who to involve ... It was his, Magane's operation, and yours ...”

Mr Nku met with Chief Mashaba at a filling station and drove with him towards Yellow Jersey, parking at a distant company, while Warrant Officer Magane came later.

“I met with Chief Mashaba elsewhere. I believe it was at the filling station. So him and I drove towards Yellow Jersey... I parked at a distant company... then from there, that is when Warrant Officer Magane came”

Warrant Officer Magane's statement says he found Mr Nku at Yellow Jersey, implying Mr Nku and Chief Mashaba drove from elsewhere to Yellow Jersey together.

“Warrant Officer Magane says he found you there... it may well be that you and Mashaba drove from somewhere else to there”

Mr Nku admits he did not leave the vicinity during the operations because he wanted to verify information due to mistrust in Chief Mashaba, stemming from previous experience of unreliability in information sharing.

“for me to leave without verifying ... not fully trusting Chief Mashaba ... I wanted to verify... I was forced to stay”

Photos on Tumelo Nku's official photo album from LCRC show he took photos close to the Yellow Jersey Logistics truck found at the crime scene, contradicting witness Magane's claim that Nku was 300 meters away from the truck.

“One of the witnesses, Magane, said Nku was never close to the truck . He was 300 metres away ... Looking at the photo on page 25 and 26, it suggests that he was very close to the truck when he was taking these photos ... the photos ... extracted from the photo album the official photo album from LCRC”

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”

Extracted cell phone data from Joseph Marumo's phone was used to confirm communications among suspects including Mashaba, Magane, and Warrant Officer Phakula but excluding Tumelo because there was no communication between Tumelo and these individuals.

“This was extracted from Joseph Marumo's phone ... communication between Marumo, Mashaba and Rambos i.e. Warrant Officer Phakula ... even Warrant Officer Phakula and Warrant Officer Magane do not have any communication with Tumelo.”

Advocate Segeels-Ncube claims that Chief Mashaba wanted to arrest Ms Wentzel despite Magane being present, implying Mashaba did not simply leave everything to the police as he claims.

“But you did not do that. You had Magane there, but you wanted to arrest Ms Wentzel.”

An unattributed speaker suggests that if Mashaba's true intention was to genuinely seize the drugs and take them to the police station, he would have engaged the police fully after securing the drugs; however, limiting involvement to only Magane may indicate a side hustle.

“If it was your true intention to actually seize these drugs in order for it to be taken to the police station, for it to be processed. If, however, it was part of your side hustle, then would it explain why you would not want to get anyone else involved and why it was only you and Magane ...”

Chief Mashaba confirms that Magane was in charge of the operation at the scene where the container was opened and seized.

“He is in charge, yes.”

Chief Mashaba claims that he can arrest a person independently at the scene if there is reasonable suspicion and does not need permission from Magane though Magane was in charge.

“Arresting, I do not need his permission. I can still do if there is that reasonable suspicion.”

Chief Mashaba was expected to call the police during the operation, but he called somebody to tag along instead to legitimize their actions since Magane was not in charge.

“What you called was somebody to tag along with you. What you called was somebody from Zonkizizwe to tag along with you, to legitimize what you were doing, because Magane was not in charge of this operation. He was following your lead.”

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”

Chief Mashaba denies having communication with Warrant Officer Magane after 5:00 or 7:00 on 9 July 2021; he confirms speaking to Magane only after 5:00.

“I spoke to Magane after 5 o'clock.”

Chief Mashaba disputes the timeline in a document showing communication with Warrant Officer Magane around 04:40 a.m. on 9 July 2021, arguing he received the number only after 5:00 a.m.

“I dispute because I am saying only after 5 I got the number”

Chief Mashaba confirms he spoke to Warrant Officer Magane before 25 to 7 (6:35) on 9 July 2021, consistent with a late evening or early morning timeline.

“Yes, I am on 326. ... as long as it is after 5, I will agree.”

Chief Mashaba, when Warrant Officer Phokungwane was unavailable, was recommended Warrant Officer Magane for assistance on a drug bust operation despite never having worked with him before.

“When Warrant Officer Phokungwane was not available and here recommended Warrant Officer Magane ... I have never worked with him”

Chief Mashaba did not specify the specialties needed for the drug bust operation to Warrant Officer Phokungwane and only asked for assistance.

“No, I did not tell him. I expected that he would give me somebody who works with him or who works like him ... I only asked for assistance”

Chief Mashaba did not know Magane was from Zonkizizwe but admitted Magane was leading the operation and called others including Phakula for assistance, indicating Magane was above him.

“I did not even know that Magane is from Zonkizizwe ... He was leading ... obviously he also informed me that he called Phakula, he called other people.”

Despite the drugs being in full public view after the container was opened, Chief Mashaba did not mobilize other SAPS units or call the appropriate people, relying on Magane and others to know what to do.

“You do not call other SAPS ... You say we are under the impression Mr Magane ... will know what to do ... I left everything to Magane ... for him to say, I called Phakula ... then I know we are safe now because they are calling the relevant people.”

Chief Mashaba physically fought with General Khan on scene despite other SAPS officials taking charge who were appropriately qualified, raising questions why he fought with them.

“You fight with Khan when he comes there and takes charge ... other people are now there ... you and Magane are completely inappropriate for this operation ... Why do you fight when SAPS officials, appropriately qualified, come and take control of the scene?”

Chief Mashaba claims General Khan commanded regard and salutes on the scene but then questioned traffic officer Magane in a demeaning way.

“Only when he comes nearer to us, I hear and see people saluting, yes, General, yes, General, yes, General. Then I started maybe becoming, I do not know what is the right word, when he started saying to Magane, who are you, where are you from, who is the driver of the bakkie, sitting your car.”

Chief Mashaba wanted to remove Sergeant Warrant Officer Magane from the vehicle, considering the conduct as bullying and abuse of power by General Khan.

“I wanted to take Magane out of the bakkie.”

The SAPS operation at the scene was under the control of a General, and Chief Mashaba questions why he was actively trying to remove Magane, who was believed to be under arrest.

“It is a SAPS operation. It is not a Traffic Department operation. It is a SAPS operation. You continue to, you want to continue to be active to a point of wanting to take Magane, who you think is under arrest, you want to take him out of that arrest which has been ordered by a General.”

Magane described himself as coming from the Hawks and thought he had the right to chase away uniformed police officers on the scene, but Chief Mashaba denies this happened.

“I want you to comment on the contents of that paragraph 9, it is true or it is not true. When Magane was asked for reasons why he described himself as coming from the Hawks, he could not give an answer. And on the question why he was chasing uniformed police officers on the scene, his answer was that he was thinking that it was his scene, in other words, he had the right to chase away other police officers. No, this is wrong. It did not happen.”

Magane admitted that he did not know drugs but suspected that the consignment he was loading could be drugs.

“And when he was asked if he does know drugs, his answer was he did not know drugs. And when he was asked why he was loading them, on why was he loading what he does not know, his answer was he suspected that the consignment could be drugs.”

On 9 July, Chief Mashaba and Magane introduced themselves to Yellow Jersey personnel as Crime Intelligence officers and tried to open a container without documentation, leading to a police callout due to aggressive and suspicious behavior.

“If you look at paragraph 3, they say on the 9th of July, Mr Van Niekerk was at home when Hardus, their Director, gave him a call stating that there are people from Crime Intelligence here asking to open the container. ... they say the reason for calling Booysens Police was because you did not want to identify yourselves, you were aggressive and you were behaving in a suspicious manner.”

Mr Riekert reports that when he tried to take photos of the events at Scania, Chief Mashaba and Magane were aggressive towards him and even told police who arrived to go away, claiming it was their scene.

“He says in paragraph 10 that even the police who arrived, you were aggressive towards him and you told them to go away because this was your scene.”

Chief Mashaba went to Yellow Jersey premises with Mr Nkute and Mr Magane, got on the road behind the truck, and followed it to Scania premises where they conducted an operation involving opening a container that led to drugs being found and moved onto a van.

“you, Magane, went to Yellow Jersey property ... You enter that property, right? ... You then left the property following the truck. The truck left for Scania. You were behind the truck ... You all went to the property, I am right so far... You instruct the Scania people to open the container, the drugs fell out, and they were put onto a van.”

Chief Mashaba states he was refused entry to Yellow Jersey property initially but did enter the property with Mr Magane.

“I did not try to enter and I was refused. ... I did not enter. I entered with Magane.”

The witness was briefed only by Warrant Officer Phakula, not by Sergeant Magane or Chief Mashaba.

“I got a briefing from Phakula only. He is the one who was briefing me, Warrant Officer Phakula.”

Unmarked bakkie from Zonkizizwe Police Station, driven by desk policeman Magane, was used to transport evidence bags that had fallen from the truck, which was considered suspicious and improper crime scene handling.

“They took those drugs that fell out of the truck, they took them and they put them in a bakkie, in an unmarked bakkie that belongs to Zonkizizwe Police Station driven by Magane who is not, who is a desk-bound person. At that point you did not see anything wrong with that?”

The witness did not mention in their statement that Magane, Phakula, and Mashaba did wrong things at the scene not complying with prescribed procedures, although the witness now acknowledges they should have stated that.

“Maybe I should have stipulated, Commissioner, that also their conduct was improper by removing the bags. I did not state it in my statement. I should have stated it.”

Yellow Jersey Logistics transported a container to Scania in Aeroton; Mashaba and Magane introduced themselves as Crime Intelligence officers but are not Crime Intelligence members.

“The directors of the company Yellow Jersey Logistics, which is the company that was transporting this container to Scania in Aeroton, they say Mashaba and Magane introduced themselves as Crime Intelligence. Were you aware of that? No, I am not, Commissioner.... Mashaba is not from Crime Intelligence, he is a Traffic Officer from Sedibeng. And Magane is a CIMA analyst based in Zonkizizwe. He is not Crime Intelligence. Even if he was Crime Intelligence, he is not operational, he is desk-based. So he would have no business asking to open containers.”

Witness I accepts that the misrepresentation by Magane and Mashaba as Crime Intelligence officers makes their conduct suspicious.

“You accept that that alone is suspicious, makes their conduct suspicious? Yes, Commissioner.”

Chief Mashaba sought assistance to conduct a search on the truck suspected of carrying drugs but initially did not get help from Warrant Officers Phokungwane and Magane or Lebo from PIU, Gauteng. Magane later became available and assisted.

“I needed backup to conduct such a process ... I contacted Warrant Officer Phokungwane ... he was not available ... He also could not refer me to anyone else on duty at Alberton SAPS ... However, he gave me Warrant Officer Magane's contact number ... I phoned Warrant Officer Magane for assistance ... he told me he could not assist at that moment ... I then phoned Lebo from PIU, Gauteng ... who told me he does not have a motorcar and could not assist as well ... I phoned Warrant Officer Magane again ... fortunately, he was now available and he agreed to come to assist.”

Warrant Officer Magane arrived within 30 minutes to assist Chief Mashaba and Mr Nku, drove a Nissan NP300 bakkie, after which they went to Yellow Jersey Logistics premises to conduct a search on the truck.

“He arrived where I was with Mr Nku ... He was driving his official vehicle, a Nissan NP300 bakkie ... after briefing him ... Mr Nku narrated the information again ... He then decided we would go to the premises of Yellow Jersey Logistics where the truck was allegedly parked ... We approached the premises and asked for a Depot Manager ... We informed him that we wanted to conduct a search on one of the trucks in the premises ... He agreed and confirmed the truck in question was still in the premises ...”

Police officers escorted a truck to Scania's office in Aeroton for search with representatives including Warrant Officer Magane and Mr Nku.

“We were then accompanied or escorted by Yellow Jersey Logistics security to Scania's office in Aeroton. As such, it was me, Warrant Officer Magane in the black Nissan bakkie belonging to the state, Mr Nku's BMW, as well as the Yellow Jersey escort bakkie that went with the truck to Scania at Aeroton.”

General Khan instructed Warrant Officer Magane to sit in his bakkie and later searched the speaker's car and confiscated their service firearm.

“General Khan instructed Warrant Officer Magane to sit in his bakkie. That is where the altercation began when I confronted him and asked why is he instructing Makhani to sit in his car, which looks like an arrest. General Khan also took me to where my car was parked. He then took my cellphone, searched my car for drugs, but there was nothing. He then took my service firearm and put it in the exhibit bag.”

Summary of allegations regarding an incident on 8 and 9 July 2021 involving Chief Mashaba receiving information on suspected drugs, assistance in escorting the truck, discovery of drugs, arrest of driver and recipient, involvement of Dog Unit, LCRC, Hawks, and later arrest and charge of Chief Mashaba and others for drug dealing.

“It is alleged that on Thursday, 8 July 2021, Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th of July 2021, the information was followed and Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula. The truck was then escorted to the destination at Aeroton where the container was opened at the receiving bay. While searching the container, the drugs were found. The driver of the truck and the person who were to receive the cargo were placed under arrest. The Dog Unit and the LCRC were summoned at the scene while still compiling the docket. While compiling the docket, the Hawks member arrived at the scene. Chief Mashaba and members who recovered the drugs were later arrested as per Booysen CAS 8/07/2021 and charged for dealing in drugs. The driver of the truck and the person who was to receive the cargo were then released. The Hawks members found the Booysens Police who attended to a complaint and have given their feedback indicating all was in order and that the police have recovered the drugs and the suspects were arrested.”

There were people from Gauteng Traffic Department trying to remove contents of a container suspected to contain drugs, intention to remove those drugs together with Chief Mashaba.

“there were people from Gauteng Traffic Department who were trying to remove the contents of a container that he suspected to contain drugs. That is true because Warrant Officer Magane testified before the Commission that that was their intention to remove those drugs together with Chief Mashaba.”

Brigadier Sekgobela contacted Zonkeziwe Police Station to clarify if the members were on duty or present at the Aeroton drug bust, finding that Magane’s superior was on sick leave and unaware of the operation.

“She contacted Zonkizizwe Police Station, and his superior, Magane's superior, was on sick leave and was not aware of the operation.”

Magane failed to give a proper account of his role at the crime scene and was treated as a suspect due to this and other factors including being out of his jurisdiction and refusing reasonable explanation.

“Magane failed to give a proper account of his role, and she concluded he must be treated as a suspect.”

Major General Khan forcibly took over the scene by directing Warrant Officer Magane to stay inside a black bakkie to pretend to be trying to run away, as a strategy to label him as attempting to flee.

“General Khan just hijacked and took over the scene by directing that first people to scene ... namely Warrant Officer Magane ... must get inside the black bakkie by driver's seat and sit there and to never come out ... it was a strategy or means to label Warrant Officer Magane as trying to run away from scene”

Warrant Officer Phakula, Warrant Officer Magane, Chief Mashaba of Traffic and an unknown male were placed under arrest per General Khan's directive, which Witness I considered an abuse of power and an effort to protect the suspect driver and obscure the vehicle's origin.

“Warrant Officer Phakula, Warrant Officer Magane, Chief Mashaba of Traffic and one black male unknown to me were placed under arrest as per instruction or directive of General Khan ... As weeks passed, my observations of the scene indicated potential abuse of power and rank ... I was concerned that these actions appeared to be an effort to protect both the driver of the truck ... and to obscure the origin of the vehicle and its contents”

General Khan instructed members including Warrant Officer Magane to keep the detained truck driver inside the vehicle and not to let him come out.

“Warrant Officer Magane must get inside the driver’s seat of the black bakkie and he must never come out.”

On 9th July 2021, Samuel Mashaba of Hawks made contact with Albertan SAPS Warrant Officer Phakula, who then provided the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.

“On the same date, Samuel Mashaba called Warrant Officer Phakula from Albertan SAPS, who then, via WhatsApp, gave the contact number of Warrant Officer Magane of Zonkizizwe SAPS to Samuel Mashaba.”

Samuel Mashaba sent the location of Yellow Jersey Logistics to Warrant Officer Magane via Telegram on the same date, confirmed by Google Earth coordinates (pindrop).

“Samuel Mashaba sent Warrant Officer Magane the location of Yellow Jersey that was confirmed by Google Earth . Because he sent the pin drop. Then that pin drop happened to be at Yellow Jersey Logistics, Commissioners”

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”

The pictures dated 7 July 2021 were retrieved from Mr Nku's phone and show items linked to suspicious activity at Aeroton two days before arrival there.

“And they were dated the 7th of July 2021 ... that would have been two days before they arrived at Aeroton ... the packages that were retrieved in Aeroton and loaded onto Warrant Officer Magane's bakkie.”

The statements by officers like Warrant Officer Magane and Phakula initially said supervisors did not know their locations, but later statements indicated awareness by supervisors of members' operations.

“they were informed that Commanders did not know where these officers were. But subsequently, the statements filed by officers indicated at least in the case of Officer Magane and Phakula, that they were aware of the members' operations”

Lieutenant-Colonel Sebola personally contacted Colonel Chauke to obtain information about Warrant Officer Magane's whereabouts and performance of duties but was told Colonel Chauke did not know of Magane's whereabouts.

“I even communicated with ... Colonel Chauke, ... He said he does not know the whereabouts of Magane, but Magane is supposed to be in the office”

Lieutenant Colonel Chauke was informed on 9 July 2021 at around 05:00 by Warrant Officer Magane that he was following information on drugs in Aeroton with other members from the provincial office, but Chauke as commander was not aware of the operations.

“On Friday, the 9th of July 2021, around : 05 in the morning, I received a call whilst on duty from Warrant Officer Magane ... he replied by saying that he is in Aeroton with other members from provincial office ... As a Commander, I was not aware of the operations”

Lieutenant Colonel Sebola investigated the matter and found that Warrant Officer Magane falsely claimed to have called someone from the office on 9 July 2021.

“The only office people that he called, the very same job was never called on that day ... if he is telling ... he was called by Magane, that I will say was definitely lying”

Warrant Officer Magane called Captain Gray from the office, but the call could not go through, and also tried to call Brigadier Lewele who was approaching the scene, but that call also did not go through.

“He called by then one member from our office, which is Captain Gray, but the call could not go through ... I remember, he tried to call Brigadier Lewele ... the call also could not go through”

Warrant Officer Magane only made calls on 9 July 2021 starting around 06:00 between himself, Pokungwana and Mashaba, contradicting his claim that he called earlier that morning.

“The only calls that were made on the 9th, that started around 6, it was between him, Pokungwana and Mashaba ... By saying he called these people, I still maintain he would be lying”

Pokungwana and Alberto ZonkiZiwe are not working together and Magane could not have received instructions from Pokungwana.

“They are not working together ... Pokungwana is Alberton, that one is Zonkiziwe ... So Magane could not have gotten an instruction from Pokungwana”

Warrant Officer Phakula was only invited to assist by Warrant Officer Magane and arrived at the scene after the drugs were loaded onto the truck, yet Phakula is charged with the same offence.

“he was invited by Warrant Officer Magane to assist and he only arrived at the scene after the drugs were loaded onto the truck... that he was not involved in that part, yet he is equally charged with the same offence”

Magane and Phakula were charged internally for interfering with the crime scene at Aeroton; no wrongdoing was found in Magane's case, but Phakula returned through arbitration.

“Magane and Phakula ... were charged internally for interfering with the crime scene at Aeroton ... I was, of Magane, he was, the investigation was conducted but they could not find any wrongdoing ... Phakula, yes, they did. He only came back through arbitration”

Director Maphosho conducted an investigation into complaints by Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba against General Khan, Kadwa, and three others concerning defeating the ends of justice.

“Director Maphosho conducted a investigation into the events that arose at Aeroton... complaint by Warrant Officer Phakula, Warrant Officer Magane and Chief Mashaba who laid a complaint against General Khan, Kadwa and three others... investigating a case of defeating the ends of justice.”

Complaints from Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane were lodged at IPID National Office on 2021-10-13 accusing police officers of defeating the ends of justice; these complaints were registered at Booysens Police Station as Booysens CAS 252/10/2021.

“On 2021-0-13, the complainants, that is, Chief Mashaba, Warrant Officer Phakula, and Warrant Officer Magane, came to IPID National Office to lodge a complaint of defeating the ends of justice. The complainants were interviewed by the members of NSIT, and I was part of the interview. ... The case was opened at Booysens Police Station and registered as Booysens CAS 252/10/2021”

On 8 July 2021, Chief Mashaba received information about suspected drugs being transported from Durban to Alberton, followed the truck to the depot where it was parked, assisted by Warrant Officers Magane and Phakula.

“It is alleged that on Thursday, 8 July 021 , Chief Mashaba received an information about the suspected drugs that were to be transported from Durban to Alberton. The following day, on the 9th , the information was followed and indeed the truck was followed to the depot where it was parked. Chief Mashaba asked for assistance and he was assisted by Warrant Officer Magane and Warrant Officer Phakula.”

The initial memorandum summary omitted critical details about the complainant, Warrant Officer Magane's designation, presence of Pretoria personnel, soliciting drugs to Germiston, and loading drugs into Magane's bakkie.

“It does not say nothing about the former , Mr Nku . It says nothing about Warrant Officer Magane's designation . It says nothing about people from Pretoria attending to an incident in Soweto . It says nothing about the drugs allegedly being solicited to be moved to Germiston . And it certainly says nothing about the loading of the drugs by the certain , by the very same complainants into what they call Mr Magane's bakkie.”

Lieutenant-Colonel Maluleke wanted to take over the crime scene because the drug was part of his mandate, and General Khan took over the crime scene upon arrival, instructing Warrant Officer Magane to sit in his bakkie and Chief Mashava to go to his car taking firearm and cellphone.

“Lieutenant-Colonel Maluleke wanted to take over the crime scene as the drug was part of his mandate . Sergeant Phakula and Sergeant and Warrant Officer Sape from Dog Unit arrived , followed by General Khan . General Khan then said he was taking over the crime scene . Without getting the information from the officers who recovered the drugs , he then instructed Warrant Officer Magane to sit in his bakkie . He instructed Chief Mashava to go to his car and took his firearm and cell phone .”

Members of the DPCI arrived and arrested police officers involved in the drug bust, charging them with dealing and possession/use of drugs.

“Members of DPCI , amongst others , General Kadwa , Brigadier Sekgobela , Colonel Steyn , Captain Sebula , arrived at the crime scene , and they arrested the police officer who made the drug bust . That is Warrant Officer Magane , Warrant Officer Phakula , Chief Mashaba , and Tumelo . They were charged with dealing in drugs and possession of drugs / use of drugs .”

Mr Magane's superior deposed to an affidavit indicating Mr Magane was not aware of the operation as his duties are office bound and relate to statistical analysis.

“Mr Magane's superior deposed to an affidavit much later probably , where he makes it clear that as a Commander he was not aware of the operation , since Mr Magane's duties are office bound , and that is in accordance with his performance enhancement plan .”

The LCRC (Law Crime Reaction Command) should have been called at the beginning before the bags were loaded onto Warrant Officer Magane's van.

“the LCRC was called ... right at the beginning , before the bags were loaded onto Warrant Officer Magane ' s van”

Chief Mashaba, Mr Nku, and Warrant Officer Magane were the first to arrive at the crime scene and opened the container, unpacked, and took the drugs onto Warrant Officer Magane's van without LCRC presence or a dog for inspection.

“they got there , the three of them , which is Mr Nku , Mr Magane , Warrant Officer Magane , and Chief Mashaba . They got there , opened the container , and then unpacked , took the drugs onto Warrant Officer Magane ' s van . When there is no LCRC , there is no dog”

The LCRC was eventually called to the crime scene by Magane with assistance from the Booysen police, but by that time the crime scene was contaminated because the drugs had already been taken from the container into the bakkie (vehicle).

“the LCRC person was called ... The only challenge was that they have already contaminated the scene by taking the drugs from the container into the bakkie”

Warrant Officer Magane had no knowledge or role in calling the LCRC or managing the drug bust crime scene.

“Magane had nothing to do with calling the LCRC ... he knows nothing about drugs and crime , the management of a drug bust scene”

The police officers who first arrived at the scene did not know how to handle the crime scene properly and contaminated it by touching the drugs and loading them onto the van, thus risking losing fingerprint or DNA evidence.

“they do not know how to handle the scene ... there are fingerprints all over them ... no chance of fingerprints being uplifted , DNA being uplifted , almost gone if not gone altogether”

The fact that the drugs had been handled and loaded onto Warrant Officer Magane's van before the LCRC arrived was a serious problem resulting in contamination and possible defeat of the ends of justice.

“they had already loaded these bags onto Warrant Officer Magane ' s van ... contamination of the scene”

Police from Booysens arrived at the crime scene first after Mashaba and Magane and received a complaint about the situation.

“there were two police officers from Booysens who arrived first, who arrived after these Magane and Mashaba arrived at the crime scene. I think they received a complaint from 10111”

The police officers attending the crime scene interviewed Magane and Mashaba and reported back indicating that it was a legitimate operation and they were assisting before Phakula arrived.

“They attended to the crime scene, they interviewed Magane and Mashaba, and ... they also gave their 08, like their report back to 10111, indicating that it is a legit operation, the police are working, and they were assisting Mashaba and Magane before even Phakula arrived at the crime scene.”

The officers arrested (Phakula, Magane, and Mashaba) claimed to know nothing about the drugs.

“I think the thrust of the position of all the people that Warrant Officer Phakula, Warrant Officer Magane, and Chief Mashaba arrested, I think the thrust of their responses was basically that they knew nothing about these ...”

Magane was present from the beginning but may not have had information beyond what Mashaba and Nkuhad had; he was only notified in the morning and even Mashaba contacted Pokungwa first.

“He was only notified in the morning. Even Mashaba called Pokungwa first, and then he was referred to Mashaba. He was there, but ... maybe he did not have information more than what Mashaba and Nkuhad had.”

Magane is not an investigator of narcotics and Mashabai is not involved in this kind of investigation, implying they had no proper investigative role in the drug bust.

“you know Magane is not an investigator of narcotics ... you know that Mashabai is not an investigator of this kind of stuff”

The arrest on the day was premature and could represent a defeat of the ends of justice, as the investigation should have been ongoing beyond that day.

“there was a defeating of the ends of justice as if it started and ended on the day itself ... if you accept that an investigation would have been an ongoing process ... Magane is not an investigator ... Mashabai is not SAPS ... Nku is irrelevant ... the arrest was premature”

Officer Magane was blocked from leaving the scene by a police van while he was sitting in the driver's seat of a black Nissan bakkie loaded with black sports bags; Magane called for assistance from Officer Rikhotso and others.

“I then approached the driver of that black Nissan who was seated in the bakkie and identified himself to me as Warrant Officer Magane. The bakkie was driving out of that scene. ... He blocked. Then he called, I understand, that is when he called Rikhotso and others.”

During a phone call with Brigadier Lewela, Warrant Officer Magane was taking a batch of suspected drugs from a container to his station.

“I understand you have loaded this batch and they come from this container. What are you doing? He said no, I was taking them to my station. Then I said why? At that time when I am still talking to him he took, he pulled out a cell phone, then he wanted to call. I could notice that in that call he was phoning Brigadier Lewela.”

Lt-Col Sebola confirms that only Magane and Mashaba were the first police officers on the scene, and they were blocked from leaving by Ndou and his colleague.

“That is correct, Commissioner. They are the one who blocked. There were no other police that I was told that they give such instruction to, either to stop or to drive out.”

If Magane had left the scene with the bakkie loaded with the drug consignment, there would have been nothing to investigate because the illegal drugs would have been removed from the scene.

“Commissioner, we will remain with nothing to investigate, because if that bakkie was, when we ... The drugs were not there also.”

Magane and Mashaba impersonated Crime Intelligence officers when they identified themselves at the campus, which is a criminal offence.

“It is a criminal offence to impersonate somebody. ... Even if you are a police officer yourself for you are a traffic officer?”

Magane is a CIMAC officer at the police station and not a Crime Intelligence Officer, so it is incorrect for him to refer to himself as such.

“So he is not a Crime Intelligence Officer? No, he is not.”

At the Scania Aeroton gate, Magane and Mashaba showed appointment cards and introduced themselves as officers following information about drugs being transported from Aeroton to Scania.

“Whilst I got out of the vehicle I was approached by Warrant Officer Magane by showing his appointment card and who introduced a traffic officer named Mashaba and told me that they were following information in regard to drugs from Aeroton to Scania, Aerotons since yesterday...”

It is strange that no one present at the scene, including the involved sergeants, mentioned any attempt by the Magaane's vehicle to leave with the drugs despite the Booysen vehicle driving in at that time.

“particular when the Booysens vehicle drives in, none of them, including the Sergeants involved, mention the Magane's attempt to leave with the drugs .”

Warrant Officer Magane allegedly obtained information from his informer and worked with Traffic Officer Mashaba, suspected a consignment to be drugs, and did not think of contacting his own station when requested to come assist.

“After all the introduction, I started with Warrant Officer Magane, who alleged that he got the information from his informer. He followed up upon the information together with Traffic Officer Mashaba. And later on, he requested Warrant Officer Phakula, who is based in Pretoria, to come assist. I asked him if he tried to get back from his own station, since he is stationed at Zonkizizwe SAPS, and his answer, he did not think of contacting his own station ... And on the question of why were they chasing uniformed police officers on the scene, and his answer was that he was thinking it was his scene ... His answer was he suspected the consignment to be drugs.”

Warrant Officer Magane's intent was not to do police work but to assist those who requested him to remove drugs from wherever Mashaba and Nku wanted them to be.

“His intention was to assist those who requested him to remove those drugs from wherever they were, to wherever those two, Mashaba and Nku, wanted them to be.”

Warrant Officer Magane said he was with DPCI Hawks and Crime Intelligence Hawks, not the regular police Hawks.

“He said DPCI Hawks.”

Warrant Officer Magane did not contact his own station when requested to come assist, choosing instead to request help from Warrant Officer Phakula based in Pretoria, which is a longer route and against procedure.

“If he is ... following up upon something that is in motion, then one can see that you will end up losing that which we are following, because you are taking the long route ... The first thing first, the approach is, where is the nearest police station? Who are the nearest police? If not, go to 10111. That is the procedure. I do not call my friends. I call those that will assist.”

Driver of the red Kia Cerato said he was invited by Warrant Officer Magane to assist, and was unable to explain why identifiable police vehicles were chased from the scene.

“He said he was invited by Warrant Officer Magane to come assist him and upon arrival, the bags were already offloaded from the truck into the Nissan bakkie. And he could not explain why was the identifiable police vehicle – he could not explain why ... they were chased from the scene.”

Colonel Sebola indicated to Colonel Steyn that he needed officers to offload bags which were looted in a Nissan bakkie, and that four male persons were interviewed leading to their arrest.

“Colonel Steyn indicated that Captain Nortje and Warrant Officer Morris will assist me in handling those bags looted in the Nissan bakkie. And whilst we were waiting for LCRC to come, I continued interviewing four male persons. That was pointed to me by Warrant Officer-that was pointed to me. That is Warrant Officer Magane, Phakula, Mashaba, and Tumelo Nku. The outcome of the interview led to the arrest of Warrant Officer ... of the four ...”

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”

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.”

Mr Mashaba tried to contact Phokungwa and got a number for Magane and contacted Maluleke on WhatsApp on the day of the operation.

“he tried Phokungwa and got a number for Magane”

Sergeant Phakula was called by Magane.

“Phakula is called by Magane”

General Khan spoke to Mashaba, Magane and Phakula and then told Phakula to stand down during the operation.

“he spoke to Mashaba and Magane, I think Phakula as well, asked them who are they, who are their superiors, and he called their superiors, who answered the way they did about knowledge of these people being on the scene. We heard from Phakula that...Phakula was introduced to Khan, he went and spoke to Khan and Khan told him to stand down”

In the disciplinary hearings of General Khan, Magane, and Phakula, it was said that Khan instructed them to sit in a black motor vehicle (bakkie), and the person identified by Ndou as trying to drive away was actually sitting in the bakkie.

“in the disciplinary hearing of General Khan, Magane, Phakula... they say that Khan instructed them to go and sit in the bakkie ... the person that Ndou pointed out as the person who was trying to drive away, he was in fact sitting in the bakkie”

The witness was working with Warrant Officer Magane on 9 July 2021 to arrest suspects involved with drugs in the Alberton area, with information suggesting the suspects might be going to the receiver of the cargo in Aeroton where a container was being opened.

“On that particular day, the 9 July 2021, Warrant Officer Magane informed me that he was following up upon information about the drugs and that he needed backup...they were in Aeroton and had opened the container already. He said there were black bags falling out of the container.”

Colonel Sephungu informed the witness to get another member to assist and Captain Medupi was briefed and agreed to assist at Alberton, as initially agreed with Warrant Officer Magane to bring the truck and driver to Alberton for detention since the crime scenes started there.

“Colonel Sephungu informed me that I should get another member to assist me...Captain Medupi agreed to come and assist...Initially agreed with Warrant Officer Magane that they will be bringing the truck and driver to Alberton for detention as the place where the crime scenes started.”

Agreement was confirmed that the witness would meet Warrant Officer Magane at Alberton and that the consignment and driver would also be brought there.

“The agreement was that you will meet him at Alberton...And the further understanding was that he will bring the consignment and the driver to Alberton.”

After arriving at Alberton SAPS, the witness phoned Warrant Officer Magane to enquire how far they were and was told to drive through to assist in Aeroton, receiving a WhatsApp location of Omni Park Business Park.

“After spending about 15 minutes at Alberton SAPS waiting, I phoned Warrant Officer Magane to enquire how far are they, and he said I should rather drive through to assist in Aeroton. I requested him to share his location, and he sent a WhatsApp message with the name of the premises they were at, Omni Park Business Park.”

Warrant Officer Magane was no longer coming to Alberton SAPS, so the witness contacted Sergeants Phakula and Sape who were on duty at the Dog Unit provincially to inform them of the scene and anticipated location.

“Warrant Officer Magane was no longer coming to Alberton SAPS, I also contacted Sergeant Phakula and Sergeant Sape, who were on duty at the Dog Unit posted provincially...I informed them about the scene and that I was still on my way, and that I will send them the location once I am at the scene.”

Upon arrival at the scene, the witness found a marked Booysens SAPS patrol van parked in front of Warrant Officer Magane's black Nissan NP300 vehicle, and the witness parked on the left side of the Booysens van.

“Upon my arrival at the scene, I found a marked Booysens SAPS patrol van parked in front of Warrant Officer Magane's State black Nissan NP300 facing each other. I then parked on the left side of the Booysens van.”

When the witness first met Chief Mashaba in 2018 at Winnie Mandela's funeral, they only exchanged greetings; and that was the only contact prior to the 9 July 2021 events. On 9 July 2021, Chief Mashaba was at the scene with Warrant Officer Magane.

“I first met Chief Mashaba at the funeral of Mama Winnie Mandela in Orlando West in 2018...When I saw Chief Mashaba at the scene, I then concluded he was together with Warrant Officer Magane.”

Warrant Officer Magane received a call from Chief Mashaba about the drugs container; Chief Mashaba had received the information from his informer. They first went to Roodekop at Yellow Jersey Logistics, found the container, then escorted it to Aeroton for an expected client.

“I was informed by Warrant Officer Magane that he received a call from Chief Mashaba about a container with drugs and Chief Mashaba received the information from Chief Mashaba's informer. They first went to Roodekop at Yellow Jersey Logistics and found the container there and then they escorted it to Aeroton so the client was expecting the order.”

Drugs on the back of the bakkie fell from the container and were assisted by Scania employees who loaded those bags onto the back of the bakkie to preserve them, allowing space for the truck to reverse to the loading bay for forklift removal of truck caps inside the container.

“the drugs on the back of the bakkie fell from the container and they were assisted by Scania employees who loaded those bags onto the back of the bakkie to preserve them . Also , allowing space for the truck to further reverse to the loading bay in order to allow a forklift to easily remove the truck caps inside the container”

Four Scania truck caps inside the container were subsequently removed by forklift.

“the four Scania truck caps that were inside the container were subsequently removed by use of a forklift”

Members from Booysens SAPS cordoned off the scene and pulled the scene tape behind the Booysens police van as instructed.

“I also requested Warrant Officer Magane and members of Booysens SAPS to cordon off the scene ... Members from Booysens brought the scene tape from their patrol van and I saw them together with Warrant Officer Magane pulling the tape behind the Booysens police van”

Major General Khan wanted to know who the driver of the black Nissan NP300 was and instructed Warrant Officer Magane to sit in the third vehicle.

“Major General Khan wanted to know who the driver of the black Nissan NP300 was and he instructed Warrant Officer Magane to go and sit in the third vehicle .”

Lieutenant Colonel Maluleke demanded Warrant Officer Magane to prepare a statement or face arrest.

“Colonel Maluleke then left us, and after a while he returned to where I was standing and told me to prepare my statement, otherwise I will be placed under arrest.”

Captain Sebola arrested Warrant Officer Magane without proper explanation of the charge.

“Captain Sebola was one of the last officers to arrive at the scene, however he arrested us without a proper explanation of what we were arrested for.”

The scene was already contaminated before Warrant Officer Phakula arrived, as conceded by Warrant Officer Magane.

“But as he, Magane, conceded, the scene was already contaminated.”

The arrival of police SAPS bakkie seemed to have stopped the original intention by Mr Magane to move the truck or consignment to Alberton, causing confusion with police labeled as ‘dirty cops’ by General Khan.

“their arrivals stopped the original intention by Mr Magane to have the truck... moved to Alberton... some of you guys were labeled dirty cops... called a dirty police by General Khan”

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.”

Warrant Officer Magane was incorrectly mentioned as a witness and should be excluded.

“I must mention, Commissioners, Warrant Officer Magane was not supposed to be part of the witnesses that I am mentioning here. If you can scratch it?”

Major General Khan instructed the arrest of Tumelo Nku, instructed Warrant Officer Magane to sit in the car and prevented Dog Unit from performing duties at the scene.

“Major General Khan gave instructions for the arrest of Tumelo Nku. He gave instructions to Warrant Officer Magane to sit in the car and not to get out. He prevented Dog Unit from performing their duties at the scene.”

Chairperson asserts that Warrant Officer Magane described the crime scene handling as a "stuff-up" and accepted mistakes, calling the handling a complete mess.

“it was a mess, a complete mess in terms of handling a crime scene. There was even a report given by - what was the word used? It was a stuff-up, something like that. And when we put questions to him, if he accepted that that was indeed so, he accepted all of those.”

Warrant Officer Phakula denies protecting his colleague Warrant Officer Magane by making such untruthful statements.

“No, no, no, Commissioner.”

Warrant Officer Phakula states he did not know that Warrant Officer Magane was from the Crime Information Analysis Centre and assumed CIMAC is another link within Crime Intelligence.

“Honestly, I did not know, and what I understand even now is that CIMAC is another link of Crime Intelligence.”

Advocate Khumalos accuses Warrant Officer Phakula of misleading his superior by claiming Warrant Officer Magane is from Crime Intelligence when he actually works at Zonkizizwe Police Station and is not part of Crime Intelligence.

“The truth is you misled your superior, because what you told your superior is that Crime Intelligence has requested your assistance.”

Phakula admitted to misleading about the first responder's role at the crime scene and that Warrant Officer Magane did not fulfill the expected duties of taking control and securing the scene.

“... you are conveying what Magane did on that scene, and that is false because he did not do any of that. ... You did not ensure the integrity and originality of evidence and exhibits. You found them on the van, and you did nothing about them.”

Phakula agreed that the statement about Magane handing over the scene to him was a misrepresentation and that Mashaba was in charge of the scene, not Magane, based on a discussion with Magane.

“... it did not happen at all ... he said Mashaba was in charge of the scene ... Mashaba was in charge of the scene. ...”

Phakula said Magane called him to the scene and handed the scene over to him, but Magane denied being in charge of the scene.

“... the scene was handed to me by Magane as the one who phoned me to come to the scene. As to why he denied being in charge of the scene, I do not know.”

Magane was the first member on scene, so if Booysen's members were supposed to take over the scene, Magane should have handed over to them and then to Phakula, which did not happen.

“... first member on the scene, we agree it was Magane ... if it was supposed to be the Booysens members to hand over the scene to me, it would have been Magane handed over the scene to them and then to me.”

The scene where police responded was a hijacking attempt of a Scania truck involving suspects Magane and Mashaba, who are criminals impersonating police officers.

“The officers who were there, who were in uniform, who were responding to a complaint that both Mashaba and Magane are criminals who are impersonating police officers and they are trying to hijack a Scania truck. SAPS officers went there to prevent that.”

The scene initially investigated as a truck hijacking ended up being a scene of Mashaba and Magane in possession of drugs, which was outside the officers' mandate.

“the two Booysen's police attended the scene on the basis of a truck hijacking. But it ended up, it is not a truck hijacking. It is the scene of Mashaba and Magane of possession of drugs. It is no more their mandate that they came for. It is the other way around.”

Warrant Officer Phakula was called to assist by a non-detective station-based person named Magane who has an administrative office-based job and not related to crime intelligence work as alleged.

“You get a call from someone whose job is office bound. You say he is crime intelligence. We know he does not do this job; he told us that the job is administrative, is in the office”

Warrant Officer Phakula received a call from Magane to attend a drug operation, despite it being out of his unit's jurisdiction and functions.

“You get called out to come to this operation ... It is far from you ... and you get involved ... You have never done drug busts”

Magane and Mashaba had the drug operation under control and no urgency required Warrant Officer Phakula's involvement.

“Magane and Mashaba had it under control. They followed the truck ... The bakkie went in ... So there was no urgency that required your involvement”

Warrant Officer Phakula stated that Magane asked for backup, meaning to call the role players needed for the crime scene.

“Magane asked for backup ... Back up would include the role players of whatever the crime that you are busy investigating”

Warrant Officer Phakula started calling role players to the scene after receiving the backup request from Magane, although he was not explicitly told to call those people.

“by virtue of telling me to back up, then I know that that kind of crime will need a photographer, will need a dog unit ... That's why I started by calling them to the scene”

Warrant Officer Phakula organised role players for the crime scene based on Warrant Officer Magane's request to call the Forensic Laboratory for backup.

“Initially when I phoned the Forensic Lab, I was of the opinion that they still come to the crime scene and package everything... when he phoned me to say he want backup, so I understood he wants to arrange every role player for that scene.”

Warrant Officer Phakula accepted to have received handover from Warrant Officer Magane and acted as Crime Scene Commander accordingly.

“You accept that at least on your version, then you would have at least tried to fit yourself as the crime scene commander if we accept for a moment that Warrant Officer Magane handed this to you.”

Warrant Officer Phakula admitted no report was given to him by Warrant Officer Magane.

“We accept in your case there was no report given to you by Magane. No, there was no report.”

Warrant Officer Phakula accepted that he may have lied in the evidence about not touching the bags and that the scene was no longer under his control when photos showing tampering were taken.

“If you can look at this picture ... that is when Magane is placed in the car and the scene was no more in our control ... I accept that ...”

Warrant Officer Phakula was instructed by General Khanto and others to not be involved further in the matter and to retrieve two seals from a vehicle at the scene, which he did not put himself but knew about them because he was present at the scene with Magane and Mashaba.

“You are told by General Khanto ... to not be involved any further. You go to the bakkie to retrieve the two seals ... Did you put those seals there? No ... I knew because I was with Magane and Mashaba on the scene.”

Warrant Officer Phakula admits to removing seals from their originally assigned position and handling them personally, contrary to proper crime scene management.

“the seals were in your possession”

There was no discussion about what was going to happen with the black bakkie involving Mashaba and Magane.

“that discussion with the bakkie it was, we never entertained it”

Phakula was going to an operation when Magane called him and was not carrying his firearm as it was not compulsory.

“Yes... Yes.... You are going to an operation when Magane called you”

Phakula left his firearm at home for the drug bust operation, although it is unusual and questioned why he did not take it with him.

“You go and you leave... I was going to meet Magane at Alberton Police Station, of which is also a safe place. That was my thinking about it. So I never thought it is going to be dragging to other areas... I never thought it is going to be dragging to other areas. My intention was to go to meet with him at Alberton”

Phakula called his immediate commander before leaving home to inform he was going to meet Magane at Alberton Police Station, which he considered a safe place.

“before I left, I phoned Captain… my immediate Commander and the initial, like when I left my house, I was going to meet Magane at Alberton Police Station, of which is also a safe place”

Mashaba and Magane were not well-clued as conceded by Mashaba herself, and the reason for Phakula going to assist was to help with statement-taking, booking of exhibits in SAPS 13.

“Mashaba and Magane are not, as she conceded here yesterday, are not well-clued with, I might not be as well-clued as they are, but the reason would have been to assist them in statement-taking, booking of exhibits in the SAP 13”

Complaints of crimes come to the Crime Scene Coordinator (CSC), then an investigator is appointed who takes further statements to verify the crime details, because some complainants tend to lie.

“The complainant will come to the CSC. Then, after reporting the case, the same complainant will be referred to my offices so that I can get more information, because some complainants, they tend to lie.”

Warrant Officer Magane's duties include verifying if the crime reported by complainants matches reality, for example uncovering cases where a person reported hijacked was not actually hijacked but handed over the vehicle to someone else.

“Page 11 of 213 was hijacked at a certain spot, but when you drilled deep into that information, you find that that person was never hijacked. Instead, maybe he handed over the car to someone else. So that is the duties that I do.”

Warrant Officer Magane attends active crime scenes and is considered an operational member who receives a danger allowance, which is only paid to operational members; non-operational members do not get this allowance.

“Yes, I do. I am operational. I am also getting a danger allowance, which is only paid to operational members. If you are office bound, you do not get such an allowance.”

Warrant Officer Magane conducts observational duties outside, reacting incidentally when he perceives crime in progress, which justifies his operational status and danger allowance.

“Suppose when I am doing observation, observation are done outside. Maybe I am there and I see something that maybe a crime is being committed, so I must act. In that sense, I am operational and I am, besides, I am not confined. The duties that I am doing, they do not limit me for being involved in other operations.”

Warrant Officer Magane's involvement in attending to crime scenes is incidental, not part of his day-to-day work, but part of his daily duties is environmental scanning and driving around to detect new potential criminal opportunities, reporting these to the Station Commander.

“I am not every day outside and … doing crime prevention duties... it is part of my daily duties. Because this is required that I give feedback. I give feedback to the Station Commander. Even if there is no crime that is prevalent at a certain spot, but I must drive around and see if there are no new features that might end up maybe giving opportunity to criminals.”

Warrant Officer Magane has participated in a dagga bust but had no prior experience with drug busts before that.

“No, prior to that, the only thing that I did information was about Dagga, not specifically drugs... I am saying I was involved in a, or like a Dagga bust.”

Warrant Officer Magane's responsibilities include interviewing suspects arrested for serious crimes to get more information, compiling profiles of suspects arrested for serious crimes, compiling crime statistics reports over various time frames for comparison, conducting briefing and debriefing of shift members, compiling reasons for crimes and shift displacement of crime documents, and compiling linkages and association analysis.

“- : “ • Interview suspect arrested for serious crimes for more information. • Compile profiles of suspect arrested for serious crimes. • Compile monthly, quarterly, semester, and annual crime statistics reports in comparison with the same report for the previous year. • To conduct briefing and debriefing of shift members. • To compile reasons for the crime and the shift displacement of crime document. • To compile linkages, association analysis based on the metrics, profiles, and other information.””

On 9 July 2021 at about 06:25 a.m., Warrant Officer Magane received a call from Deputy Chief Director Samuel Mashaba of Gauteng Traffic Police regarding information about a truck allegedly carrying drugs near Roodekop next to Leondale area under Alberton SAPS. Warrant Officer Magane was unable to assist immediately but promised to try to get members from the Dog Unit. He called Sergeant Maja from SAPS Ekurhuleni K9 Dog Unit but was told Maja was sleeping as he had worked a night shift previously. Warrant Officer Magane clarified that Sergeant Maja is from SAPS Ekurhuleni K9, not Ekurhuleni Metropolitan K9.

“It was on Friday, the 9th of July 2021 at approximately 06:25 a.m. when I received a call from Chief Samuel Mashaba. Chief Samuel Mashaba works at Gauteng Traffic Police and holds the rank of a Deputy Chief Director. Chief Mashaba called me regarding information about a truck which was allegedly carrying or transporting drugs. He was asking me for assistance or manpower and so to say in order to follow that information. According to his information, the alleged truck was somewhere around Roodekop, next to Leondale area, which falls under Alberton SAPS. It told Chief Mashaba that I was still busy at my station, at Zonkizizwe, so I was not able to assist him immediately, but I promised him that I would try some members that I know from Dog Unit. In this regard, I called Sergeant Maja from Ekurhuleni Metropolitan Department Dog Unit, which is EMPD K9. But he unfortunately told me that he was sleeping as he worked a night shift the previous night. It then called Chief Mashaba back to give feedback from Sergeant Maja.””

When Warrant Officer Magane received the call from Chief Mashaba, 'manpower' referred to other police officers to come and assist because Chief Mashaba was alone and requested support; also, Mashaba asked him to come and assist himself if available.

“Manpower, he actually wanted other members to come and assist him. He requested other police officers to come and assist him and because he was alone... No, he was also asking me to come and assist if I am available.”

A member belongs to K9 unit at Ekurhuleni and is specialized in handling drug detection dogs within K9 unit.

“No, he belongs to K9 at Ekurhuleni.”

The K9 unit has special dogs for different detection tasks such as drugs, DNA, and tracking of suspects and firearms.

“the dog that he is handling specializes on drugs. These drugs, these dogs differs. You get dogs for DNA. ... then you get dogs for tracking, then you get dogs for drugs.”

Chief Mashaba calls the witness for assistance with manpower, and the witness confirms this is within his function to work outside the station when required.

“when Chief Mashaba calls you for assistance with manpower, you say, that is what you say. That is correct,”

The request for assistance from Chief Mashaba does not fall under the witness's listed functions in paragraph 3, which include duties from 3.1 to 3.10, such as environmental scanning and dealing with crimes at scenes.

“It does not fall under paragraph 3.”

When the witness received the call from Chief Mashaba, he was at the station visiting the on- and off-parade as a duty officer, which involves inspecting operations during shift changes.

“When I received the call, I was at the station, visiting the station as a duty officer. I was visiting the on- and off parade, like when the night shift changes where, as a duty officer, you are sometimes expected to inspect whether everything is in line with the operations.”

Chief Mashaba's request for assistance fell outside the jurisdiction of the witness's station, because Chief Mashaba was at Londi in Alberton, while the witness's jurisdiction was Zonkizizwe prison.

“the CSC members are only allowed to work within our, the jurisdiction or the prison of Zonkizizwe. So when Mashaba was asking this assistance, he was at Londi, Londi which falls under Alberton.”

At the location after being called by Chief Mashaba, the witness met Chief Mashaba and a gentleman named Mr Tumelo Nku, who was introduced as an informant and explained information about a truck allegedly carrying or transporting drugs.

“Upon my arrival at the said location, I met Chief Mashaba driving a grey VW Golf 7 and another gentleman unknown to me driving a charcoal BMW 7 series... This man came to be known to me as Mr Tumelo Nku... After a detailed explanation of the information by Mr Nku, Chief Mashaba further requested Mr Nku to further explain the information to me in detail.”

Contrary to transcript wording, only Chief Mashaba and the witness went inside the truck stop at Yellow Jersey Company, Mr Nku was left behind.

“I think here the statement, it is only me and Chief Mashaba who went to that truck stop, not Mr Nku. Mr Nku was left behind.”

The alleged drug-carrying truck arrived at Roodekop industrial area in Alberton on Thursday the 8th, with registration and container details shown to the witness via Cellphone by Mr Nku.

“A truck which was, which arrived the night before, which was on Thursday the 8th, ... Arrived at Roodekop ... This truck was allegedly carrying drugs or transporting drugs. He also showed me the registration number and the number of that alleged container on his cell phone, showed me the picture of that container and the truck.”

Warrant Officer Magane introduced himself as a member of SAPS and showed his appointment card when introducing himself at the scene, while Mr Mashaba also introduced himself but did not produce an appointment card.

“We introduced ourselves by showing them our appointment cards and we also told them that we are from the police ... It is only me who produced ... Yes … Mashaba also introduced himself”

Magane and Mashaba informed Mr Hardug that they were following information about a truck carrying a container from Durban that was suspected to be carrying drugs, but they were unsure of the quantity.

“We explained to him that we were following information about one of their trucks which was carrying a container from Durban and that according to the information at our disposal, the container was carrying drugs, but we are not sure about the quantity of those drugs.”

Mr Hardug did not know the contents of the container and requested that at least the truck be followed or escorted to the customer so that it could be opened in front of the owner of the merchandise, which Magane and Mashaba agreed to.

“Mr Hardug explained that he does not know the contents of the container, and we requested him to open the container, but he pleaded with us to at least follow or escort the truck to the customer, so that we can open it in front of the owner of the merchandise inside the container. This seemed like a reasonable request, and we agreed to the suggestion.”

Information can be false and must be verified before becoming positive evidence.

“information only become positive when you have verified. Sometimes information can be false”

Warrant Officer Magane and team found the container and truck, but did not find anything inside the container when opened.

“you find the container, you find the truck. But there was nothing inside”

Warrant Officer Magane's team did not have a search warrant and was concerned about civil claims if they searched without consent, so they decided to follow the truck to its destination instead of applying for a search warrant.

“because we were not having a search warrant. So section 22 give a provision that if you have got a reasonable suspicion and you want to search the premises, if the owner of the premises is not giving consent, then you are going to sit with a problem ... We then apply for a search warrant, if that is a option ... I think it was an oversight from us because he is suggesting for us to follow the truck until its end destination. We felt that at least we were getting cooperation from him, that is why we decide to follow the truck until to the destination”

Mr Hardug informed the team that the truck was destined for Aeroton at Scania, Aeroton, but Warrant Officer Magane did not know the specific location of Scania within Aeroton.

“he said this truck was destined for Aeroton, at Scania in Aeroton ... but I did not know the place where this, the place where Scania is located”

Warrant Officer Magane knew the distance for escorting the truck to destination as between 20 and 25 kilometres.

“I knew the distance was between 20 and 25 kilometres”

Warrant Officer Magane accepted the risk of moving the truck without a search warrant and without knowing full risks, including the possibility of illicit drugs being taken by others.

“I accept that and I take this as, I do not take this, I take this as serious and definitely if something might have happened, but God forbid it never happened. But there were possibilities ... That possibility arises because you have already now told Mr Hardug that there are drugs in this truck. That possibility that in fact you could potentially have ended up with these illicit drugs being taken by somebody else, because now you have shared the information that this truck is carrying drugs ... I will be honest with you, that we did not think of. But possibilities, I do not rule out the possibilities of that happening .”

Adv Baloyi accused Warrant Officer Magane and SAPS of not considering the risk of driving the truck with drugs, revealing the truck contained drugs to someone outside their circle, thus creating risks.

“You did not consider at all the risk of driving with those drugs in that truck ... You have created a risk that someone else might just take those drugs from you on the road ... I am not concerned about Chief Mashaba, I am talking about you, SAPS, that you think it is appropriate ... it is not appropriate having disclosed already to the security at the gate that there is a truck that has drugs on it, you have now disclosed to Mr Hardug in there and then you deem it appropriate”

Warrant Officer Magane taking the contact details of Mr Hardug was done because he felt part of the team despite it being a Traffic Department operation, while Chief Mashaba did not do so.

“Before we left the premises ... I left my numbers with Mr Hardug and he also ... gave me his numbers ... Did Chief Mashaba do the same? No, no, no, only me did that ... I felt that I can just leave my numbers because we are a team ... It is a Traffic Department operation”

Mr Nku, an informant, followed the police contingent to the second crime scene, although it was not discussed or agreed that he would be part of them, and this is not ideal for an informant's safety.

“you allowed the informant, Mr Nku, to follow you ... we went to our different cars, so we drove together ... That was not discussed whether Mr Nku will be part of us or will follow us ... it is not ideal for an informant, especially having given you the necessary information, to be part of your contingent to a potential second crime scene ... You go into a potential dangerous situation, dangerous for him who is a civilian ... He was always sitting in his car ... For me, it was not going to be a problem as long as he was not partaking ...”

Warrant Officer Magane received instructions on handling an informant from Chief Mashaba and would not dictate to Mashaba how to handle the informant.

“this is the explanation that I got from his handler, Chief Mashaba and I would not dictate for Mashaba to how he must handle his informant”

Warrant Officer Magane acknowledged relying on Chief Mashaba's previous experience in the handling of an informant and defended Mashaba's decisions.

“I would not have power to say, Mr Mashaba, tell your informant, because I suggested ... If he had problems ... he would have said, maybe advise Mr Nku not to be part of the operation”

Warrant Officer Magane would have allowed the informant Mr Nku to be present during the operation as long as the informant was safe and his identity concealed.

“I think if the informant ... if I was a handler and the informant was having such a concern, as long as he is safe and his identity is concealed, I was not going to have any difficulty”

During an operation, Warrant Officer Magane called various members from different units for backup and assistance, including Warrant Officer Chidie from Crime Intelligence in Germiston, Brigadier Lewele from DPCI in Germiston, and Warrant Officer Phokungwane from Alberton CIS.

“I called Warrant Officer Chidie from Crime Intelligence Unit in Germiston ... I then called Brigadier Lewele from DPCI in Germiston ... I then called Warrant Officer Phokungwane from Alberton CIS”

Warrant Officer Magane only had one vehicle for complaints and CAC duties at Zonkizizwe Police Station, which is why no other officers from Zonkizizwe were called for assistance during the operation.

“Zonkizizwe at that time ... I left Zonkizizwe ... other office members were not available. It is only a sector vehicle, and we are operating with only one vehicle for the complaints and CAC duties”

Warrant Officer Magane chose to call people from outside his police station because even if he called his own station, they would not come along given their other focuses and duties.

“I knew that even if I can call them they would not go with me, because they will focus on doing CAC duties and attending to complaints around”

Warrant Officer Magane did not consider calling other members of Zonkizizwe Police Station because it did not cross his mind.

“That did not cross my mind, Commissioners”

Warrant Officer Magane called people he knew would have a mandate and could work outside their specialization during the operation, not calling at random.

“I was calling people that I know that they will have a mandate, or they can work outside and ... I was calling people that I know they are always available, or that I have worked with them before”

Warrant Officer Magane called Brigadier Lewele from DPCI because he knew he was the head of DPCI in Germiston and because Brigadier Lewele is part of Serious Anti-Corruption, not SANEB.

“I called Brigadier Lewele ... he is the Head of DPCI in Germiston ... No, no, he is at Serious Anti-Corruption. ... I did not have numbers of a SANEB member at DPCI, so I was going to ask him to organize a SANEB”

The operation involved following a truck allegedly carrying or transporting drugs to Aeroton, at Omnia Industrial Park, where a container was supposed to be delivered to Scania Warehouse.

“We then followed the track until we reached Aeroton, Omnia Industrial Park, where the container was supposed to be delivered at Scania Warehouse”

Warrant Officer Magane admitted he did not contact the police stations responsible for the area where the drug search operation was conducted in Johannesburg.

“No, I did not contact them.”

Warrant Officer Magane stated that another officer, Warrant Officer Phakula, who also handles drug-related cases, agreed to assist if needed.

“...Warrant Officer Phakula, who also has a mandate to handle cases of drugs-related and other high-profile cases, agreed to say no, he is willing to come and assist.”

Warrant Officer Magane acknowledged that to involve Warrant Officer Phakula, he had to verify positive information about drugs in the container by opening it first.

“...you would have had to open the container and establish that the information is positive before you called him.”

Warrant Officer Magane admitted conducting a search operation in Johannesburg jurisdiction without notifying the responsible police stations and not asking for backup.

“...it means you are conducting a search operation in the Johannesburg jurisdiction, and you are doing so without notifying the police stations that are responsible for that area.”

Warrant Officer Magane stated he did not consider the drug container operation dangerous, despite the drugs potentially being owned by criminals who might try to stop the police.

“No ... You know, like I was alluding that when duty calls, sometimes you tend to even forget that the so-called death ... You just tell yourself that whatever happened ...”

Warrant Officer Magane admitted he did not think about the possibility that owners of drugs in the container would try to interfere violently.

“No, I will be honest with you, that never come to, I did not, it never come to that extent that ...”

Warrant Officer Magane acknowledged the need for refresher courses in policing because officers tend to forget important things and do not apply them.

“...that is why we need a refresher course, because I was at the college in 1998. The other basic things, we tend to forget them, and we do not apply them many more. I agree.”

Warrant Officer Magane explained his primary duties do not restrict him from conducting operational work outside his typical office-bound role.

“My primary duties does not confine me from doing other duties which are operational.”

Warrant Officer Magane disagreed with his Station Commander who stated that Magane's duties are office-bound and that he was not aware of this operation.

“If I call him, if he was not happy about this, he was supposed to stop me and say, you are not allowed to do that ... Like I say, I fully disagree with my Station Commander.”

Advocate Baloyi SC stated that Magane's Commander said Magane's duties are office-bound and that he was not aware of the operation.

“As a Commander, I was not aware of the operation, since the member's duties are office-bound, doing crime information, management, coordination for the station.”

Warrant Officer Magane requested Ms Wentzel and her colleagues to open the containers so they could verify the information, and the container was opened.

“we requested Ms Wentzel and her colleagues to open the containers so that we can verify the information. The container was opened”

When the container was opened, some black bags started falling from it and others were trapped at the back of the container. A seal inside a white plastic had the same serial numbers as the seal a Scania employee broke when opening the container. Ms Wentzel said this was very strange and unusual.

“as soon as the doors were opened, some black bags started falling from the container, and others were trapped at the back of the container. I also found a seal which was inside a white plastic. The said seal had the same serial numbers as the seal that a Scania employee has just broken when opening the container ... but she said this was very strange and unusual”

Warrant Officer Magane was driving a black Nissan bakkie with registration MPV 00 to Aeroton.

“when you went to Aeroton, you went there driving a black Nissan bakkie? I think it is MPV 00 ... That is correct”

The black bags that fell from the container were stashed at the back of the container next to incomplete truck parts such as a door panel without wheels and engine but with doors and windshield.

“this photo here depicts ... the black bags that were stashed at the back of the container and with the white ... this white thing like a door ... it is actually an incomplete assembled body part of a truck ... bags ... are just next to the doors of the container”

The truck involved is a Scania truck, and the white panel is the front part of the truck, which is a complete structure without wheels and engine but with doors and windshield, needing assembly.

“Scania is a trucking company ... it is a complete structure but without wheels and engine, but the doors are there, only the windscreen and the axle, it still needs to be assembled”

The container is still attached to the truck and has not been offloaded.

“the container is still attached to the truck”

The container was already open when inspected.

“the container is already open ... It is opened”

Warrant Officer Magane took the photographs depicting the black bags stashed in the container.

“These pictures were taken by myself”

The bags fell off the truck when the doors to the trailer were opened.

“when you opened the doors to the trailer ... That is when the bags fell off”

Warrant Officer Magane learned about a specific matter only from the Commission.

“I only learned from this Commission.”

The top seal depicted in photo 153 was cut open before the container was opened, and the spare seal was found inside the container unused.

“The top pictured depicts the seal that was cut open, and the other one is the one that was found inside the container... I am saying this seal, the top one, is the one that was cut upon, it was cut before the container was opened. The down one, the one beneath is the one that was found inside the container, the unused one.”

Warrant Officer Magane showed the seal to Jolene, the warehouse manager, who was confused about the presence of the spare seal inside the container and had no idea about it.

“Firstly, I called Joleen, the warehouse manager, and showed her this seal. I was explaining that I asked her if this is how, and I was also including the black bags, that this is how you receive your stuff. Then she was also confused as to where this thing was coming from. She did not have any idea about the spare seal that was found inside the container.”

Warrant Officer Magane did not take any pictures of the truck lock or seal before opening the truck, which he admits was an oversight and a deviation from proper crime scene handling procedure.

“No, I did not do that... that was an oversight from me.”

Warrant Officer Magane was more concerned with what was inside the container than preserving the original sealed condition of the crime scene, leading to contamination of the crime scene.

“No, actually, I was interested or I was more concerned in what is inside the container...”

Warrant Officer Magane admits that by opening the truck and allowing bags to fall out before other components such as K-9 unit or DPCI arrived, he contaminated the crime scene and did not follow required procedures.

“...you are looking at these seals and things have then been taken out... I think it is a function of you simply not being familiar with what happens at crime scenes when you come across a scene like that.”