Warrant Officer Setshedi explained to Colonel Jacob on 27 October 2021 that 7 to 10 bricks of cocaine are required for an analysis report to reference the average weight.
“he explained that he required 7 to 10 bricks of Cocaine to weigh so that the analysis report could reference the average weight”
Colonel Jacob says he asked Warrant Officer Setshedi about disposal or destruction of drugs merely to find out if it was possible, not to influence who the analyst was or to make unauthorized decisions.
“when I did ask about disposal, destruction, that is just merely me finding out, is it possible, can it be done? ... I did not even force the issue to find out who is the Analyst, because my engagement was with him. My interest was merely to get these drugs off our hands, either to be disposed of, to be analysed, but to be taken away from our custody”
Colonel Jacob engaged with Warrant Officer Setshedi to enquire about expediting analysis reports and whether there was a place to bring exhibits for destruction, but was told there was no such place.
“I asked him, firstly, because it was sent for analysis, that is why I enquired, can we expedite the analysis report?... can we bring it here for destruction? And they did not have a place. So that is what my engagement with Setshedi was all about.”
Advocate Baloyi challenged why Colonel Jacob was asking Setshedi to expedite when Setshedi was neither the analyst nor an admin and could not give answers about analysis status.
“He was not the one responsible for this... So how could he give you an answer if you knew that he is not responsible for this analysis and he is not admin...”
Colonel Jacob said he had known Setshedi since he joined the lab and had a working relationship through many clan lab scenes and phone contacts, explaining that inquiries were based on this relationship.
“Warrant Officer Setshedi, I have known him I think since he joined the lab. We have worked on so many clan lab scenes... I have got that relationship . My enquiries were general enquiries.”
Advocate Baloyi questioned why Colonel Jacob spoke to Setshedi about a sample when Setshedi was a clan lab analyst and not the allocated analyst for the sample.
“Why are you speaking to this person who has absolutely nothing to do with your sample because he is not the allocated Analyst?”
Colonel Jacob replied he was merely seeking advice from Setshedi on how to get the analysis process fast-tracked, not wanting him to handle or divulge anything.
“It was merely seeking advice from him, wanting to hear how do I get this thing fast-tracked. It was not specific that I wanted him to handle it or wanted him to divulge anything.”
Advocate Khumalo expressed no issue with samples being sent to FSL, but raised issue with the timeline and the fact that Colonel Jacob was repeatedly in contact with Setshedi, who gave a version of events involving a request to destroy drugs due to threats of theft at Port Shepstone.
“My issue with you has to do with the timeline, you being there... and by the way, between you and Setshedi there is not much difference in terms of versions... He says you told him there were people who wanted to break into Port Shepstone to steal the drugs and that was your reason for wanting the drugs to be destroyed.”
There was an attempted break-in at the Port Shepstone facility to steal drugs, which caused concern and motivated the removal of drugs from the facility.
“Brigadier Nyuswa had to told me there is an attempted break-in at Port Shepstone . When I saw Warrant Officer Setshedi I relayed the exact same thing to him . Brigadier Nyuswa told me there is an attempted break-in at Port Shepstone that is why I am asking you about getting rid of these drugs .”
COLONEL JACOBDay 113 · 04 Jun 2026Refers to: November 8, 2019Location: Port Shepstone
There was a discussion between Colonel Jacob and Warrant Officer Setshedi about testing and weighing 5 exhibits to determine the total mass and whether more exhibits would be needed.
“I am prepared to accept that the two of you had a discussion about 5 exhibits being tested and weighed, and if there was variation between those 5, only then will the total follow”
Warrant Officer Setshedi expressed concern about the destruction of exhibits, wanting to ensure the total mass of the whole exhibit was accounted for before destruction.
“I responded by saying if they are going to destroy the exhibits, where will the total mass of the whole exhibit come from”
Colonel Jacob had a contemporaneous conversation on the 27th of October 2021 with Warrant Officer Setshedi about finalizing the analysis report or disposing the drugs in Port Shepstone; Setshedi guided on the scientific procedure which Jacob did not know.
“My conversation on the 27th of October with Warrant Officer Setshedi was with regards to either finalizing analysis report, either disposing, but getting rid of those drugs in Port Shepstone. It is then that he made me aware. I would not know this scientific procedure. I worked at Ballistics, not at Chemistry.”
Colonel Jacob maintains that his conversation on the 27th of October 2021 with Warrant Officer Setshedi was about guidance on quantitative analysis because initially only qualitative samples were submitted.
“I maintain that my conversation on the 27th with Warrant Officer Setshedi, he did advise me on what we needed further in order to get a quantitative analysis because we had only submitted samples that would look at the qualitative aspect of it.”
There is a distinction between cases received by the lab from stations and those attended by the clandestine laboratory team who bring samples from chemical synthesis drug manufacture sites; the Clanlab team requires special training and skills not held by all analysts.
“The laboratory receives exhibits in two ways ... from the station ... and the Clandestine Laboratory team who attend synthesis sites and bring samples ... You can apply after two years to do clandestine laboratories and get extra training from drug analysts ... not every analyst at FSL has that special skill or training to identify precursors”
Colonel Jacob made an enquiry about the possibility of one of the team members analysing the case which caused concern because investigation officers are not made aware of the identity of the analyst to prevent undue influence or pressure.
“My real concern about the conversation was Colonel Jacob’s question about the possibility of one of the team members analysing the case. When a case is assigned to an analyst, the Investigating Officer is not made aware of the identity of the analyst. In fact, if there are enquiries by the Investigating Officer regarding progress of the analysis, the enquiry is made with admin, who would then notify the analyst Supervisor who would engage the analyst and report back to the Investigating Officer. This is to prevent undue influence or pressure on the analyst.”
Investigating officers apply pressure for analysis reports to be issued or enquire on progress which constitutes pressure but not improper influence.
“The first pressure is that they would ask, when will you issue the analysis report? That is the first pressure. And the other one is to say the progress of the process, where is it now? So that they would say also the court will need to remand the case, then when are you finishing it? So those are the type of pressures that are there.”
Undue influence manifests as Investigating Officers requesting details about the case before the lab analysis report is issued, which is against lab practices designed to protect analyst independence.
“Undue influence, Commissioner, will manifest by saying, what is the case that we submitted? What is it? Before the report comes out. Which is not the practice of the lab, because the practice of the lab is that the Investigating Officer will only know the results of the case that they have submitted when the 212 statement is issued to them. When the case has gone through all quality checks and everything, then a 212 statement will be given to them. So the undue influence is, you cannot give any information before the case, the 212 statement is issued out.”
Being trained and mentored in the lab aims to ensure analysts work independently without influence even from their superiors, which guards against undue influence.
“The influence that we are talking about, because the lab has this part of criteria. When you join the lab, you are trained. Then you go to a mentorship. Then you must be able to work independently without influence, even from your superiors in the lab who you report to. They cannot tell you what the results must be. That is the undue influence that I was talking about, which is to work independently.”
Colonel Jacob’s enquiry about whether a crime scene analyst would analyse the case did not sit well with Warrant Officer Setshedi who raised it with her commander Colonel Songca.
“Colonel Jacob’s enquiry as to whether one of the crime scene analysts would analyse the case did not sit well with me. After my conversation with Colonel Jacob, I contacted my Commander, Colonel Songca, and informed her about my conversation with Colonel Jacob. In particular, his enquiry about a crime scene analyst analysing the case.”
Warrant Officer Setshedi denies having a conversation with Colonel Jacob about collecting exhibits which would be irregular; their only conversation about exhibits was on 7 October 2021.
“I deny that I have had a conversation with Colonel Jacob about collecting exhibits which would be irregular. The only conversation I had with Colonel Jacob about the exhibits is the conversation of 7 October 2021.”
On 21 January 2022, Warrant Officer Setshedi found out from DPCI HQ representatives that there was a conversation with Colonel Jacob about 27 October 2021 related to 541 kg of suspected cocaine seizure.
“I only found out on 21 January 2022 that the conversation I had with Colonel Jacob on 27 October 2021 was about the 541 kg of suspected Cocaine.”
On 27 October 2021, there was a conversation involving Colonel Jacob that Warrant Officer Setshedi explained to DPCI HQ on 21 January 2022 when asked about the incident.
“They asked me about Colonel Jacob on the 27th of October. They asked me what happened on the 27th of October. Then I explained what happened. The first question they posed is what was your conversation with Colonel Jacob on the 27th of October? Then I explained the whole story about the 27th of October 2021.”
Warrant Officer Setshedi was made aware on 21 January 2022 and through the Commission on 5 November 2021 regarding arrangements to collect samples related to the Port Shepstone theft case.
“I think some of the – since the first one was, I was made aware that I am part of this on the 21st of January. The other one is through the Commission. I think it was the 5th when there was this, I think it was General Flynn who was presenting. And then he talked about a plan that had a date of the 15th of November.”
WARRANT OFFICER SETSHEDIDay 111 · 02 Jun 2026Refers to: 2021Location: Port Shepstone
Warrant Officer Setshedi denies having had a conversation about collecting drug exhibits with Colonel Jacob, stating it would be irregular to do so since the case was never allocated to him for analysis.
“I deny that I ever had a conversation with Colonel Jacob about collecting exhibits... No, it would be irregular because, Commissioner, the case was never allocated to me.”
Colonel Jacob told investigators about a conversation he had with Warrant Officer Setshedi regarding the theft case, which led to Setshedi being interviewed even though the case was not allocated to him.
“The only reason why you were interviewed by the investigators on the theft is because Colonel Jacob had told him about a conversation that he had with you.”
Warrant Officer Setshedi states he was not the analyst for the Port Shepstone theft case, and that cases are allocated and tracked in the lab through a system called Forensic Exhibit Management.
“I was not the analyst for this case because at the lab, when you are allocated a case, they allocate a case through a system called Forensic Exhibit Management... A case can be tracked throughout.”
On 27 October 2021, Warrant Officer Setshedi was the analyst for a different case named the Simbithi case related to a clandestine laboratory discovered by Durban DPCI in September 2020, with Colonel Jacob as the investigating officer.
“On the 27th of October during this time I was the analyst for Clandestine Laboratory that the Durban DPCI discovered in September 2020. And I was the analyst of that case, the case that I referred to as the Simbithi case. I was the analyst of that case at that time on 27 October 2021. And the IO for that case, it was Colonel Jacob.”
The knowledge that Warrant Officer Setshedi and Colonel Khuzwayo have about the samples being brought to the FSL only came after checking the system in preparation for the hearing, indicating they were not initially aware of the sample submissions.
“Wa... you know that the sample was brought but you only found out after the fact because you and your Colonel and Colonel Khuzwayo looked at the system in preparation for the hearing today.”
The system used by the lab to allocate and track cases, including lab numbers and case references, records who is assigned as analyst and details case dates and assignment history.
“The screenshot is a screenshot of the Forensic Exhibit Management System... The lab number, which is assigned to a case when the case is submitted to the lab... The last user was that name that is shown there.”
The user who makes an enquiry on the Forensic Exhibit Management System is the analyst themselves, confirming that the user name shown in the system is the name of the analyst.
“The user is the analyst, the same as the analyst.”
The type of examination done on a case is recorded by province, and in this matter, the case was submitted to KwaZulu-Natal for drug analysis as indicated in the system records.
“The examination type is drug analysis KZN. So the examination type changes if it is HQ, Western Cape changes by provinces where the case is registered. This means the case was submitted to KZN, since it has drug analysis KZN.”
The system captures the Investigating Officer's (IO) name when they bring a case to the lab, and this information is entered by admin personnel into the system to show the IO's name linked to the case.
“The system captures the IO, the Investigating Officer of the case... they also bring the covering minutes of the case... the admin personnel take that covering minutes and they enter it into the system... It will show the Investigating Officer's name there.”
The evidence bag submitted by the Investigating Officer to the lab has a unique sealed evidence bag number (serial number) that is logged and tracked in the system.
“The PA 65 is the evidence bag serial number, is the unique evidence bag... serial number... Yes, it is the sealed evidence bag number.”
The lab analyst confirms the contents of the evidence bag during analysis by opening the sealed bag, verifying the items against the covering minutes, and issuing a 212 statement confirming the items were sealed and undamaged.
“The analyst... confirms the content of the evidence bag... issues a 212, which states that this is what I have got, and the evidence bag was sealed, it was undamaged, I am the person who broke the seal...”
If multiple evidence bags are submitted for a single case (CAS), the system assigns the same lab number but different entry numbers for each evidence bag submission under that CAS number.
“If they do their operation and get something that relates to that CAS number, then they will submit it... That one lab number is also linked to the CAS... when they bring the second evidence bag number, the lab number will be the same, but the entry number... will become the second entry.”
Warrant Officer Setshedi did not know about the large quantity of stolen drugs and needed to prove he had no knowledge because he was not the case analyst.
“I said I do not know them. And then they said prove it that you do not know them.... I need to prove that I have nothing to do with the case because I did not know what they want, because I did not know anything about the Port Shepstone case.”
When asked in January 2022 about the Port Shepstone cocaine theft, Warrant Officer Setshedi affirmed that samples refer to small amounts only.
“If it samples it means that is small amounts... When you are confronted in January 2022 with the question about prove that you do not have our drugs... registered on the system was that one exhibit bag.”
WA R R A N T O F F I C E R S E T S H E D IDay 111 · 02 Jun 2026Refers to: January 2022
In January 2022 investigation, Warrant Officer Setshedi prepared a statement concerning the Port Shepstone cocaine theft and the destruction of evidence.
“When you, so that is the first time that you now confronted with the Port Shepstone theft. It is in January 2022. You prepare a statement for purposes of that investigation... did you deal with the fact that you were asked by Colonel Jacob about destruction?”
Warrant Officer Setshedi was not asked about expediting the samples sent for analysis, as he was not the analyst.
“Did he ask you about expediting the samples we had sent for analysis? No, Counsel... Because you were not the analyst, and he knew you were not the analyst.”
Investigating Officers bring all seized items from suspects to the lab; it never happened that Investigating Officers bring only samples.
“Investigating Officers bring everything to the lab . What they found from the suspect, they bring it to the lab . It never occurred that an Investigating Officer will bring a sample that I know of .”
Investigating Officers do not bring samples only; they bring entire exhibits except for cannabis and cat, where sampling can be done according to National Instructions.
“I think even the National Instructions stated that they can only do sampling in Cannabis and Cat only. So, exhibits, because the National Instructions stated that all exhibits, so, which means Cocaine, Heroin, Mandrax, all of the other drugs that are not plants, they must bring everything to the lab .”
Sampling is the process of taking a representative sample from a homogeneous population to identify the population's contents; it involves visual identification and counting according to a hypergeometric sampling plan used internationally by the lab.
“Sampling is when you have a population . The population characters must be homologous , which means it must be the same . From there , then you take a representative sample from the homologous population . You take a representative sample from them , and then that representative sample will tell you what the population contains . ... The first step in sampling is the visual identification , whereby you are speaking to the characters , that the characters are homologous . The other steps in sampling is to count the population , because the lab uses a sampling plan called a hypergeometric sampling plan . The hypergeometric sampling plan is a sampling plan designed from statistical principles that the lab uses ...”
Cross contamination means each item must be treated independently to ensure correct forensic analysis results.
“each item you must treat it independently because you do not want the results being affected by the... if it is powder... it means the whole environment will be contaminated”
Colonel Jacob was first accused of stealing the drugs before his interview and indicated he gave his statement under duress.
“Warrant officer Setshedi admitted to being intimidated by those members that acquired his statement. He indicated that he was first accused of stealing the drugs before the interview began. In no uncertain terms, he made it known that this statement was made under duress.”
Warrant Officer Setshedi's advice to bring the whole seizure for weighing was misinterpreted as advice to only bring 7 to 10 bricks.
“there was never a number because my advice to him was to bring the whole thing. The whole thing will be needed in order to determine the weight of the exhibits.”
On 11 May 2026, Colonel Jacob communicated urgently through Setshedi's immediate supervisor to meet Setshedi and discuss the 27 October 2021 incident.
“on the 11th of May 2026, the Colonel was communicating with my immediate Supervisor...requested to see me so that I can remind him what we talked about on the 27th of October 2021”
Setshedi refused to meet Colonel Jacob alone on 11 May 2026 due to distrust fearing Jacob would twist his words; Colonel Songca arranged for questions to be sent to Setshedi instead.
“I told the Colonel that, Colonel, I am not comfortable to talk to Colonel Jacob alone ... I am afraid that he will twist whatever is said in that meeting... The Colonel said Colonel Jacob must send the questions that he wants to talk to me about. Then the questions were sent”
Colonel Jacob persisted and on 19 May 2026 insisted on seeing Setshedi; after some back and forth, Jacob came with Lieutenant Colonel Sibiya to meet Setshedi at a new lab at Mayville.
“on the 19th of May, he called again ... The Colonel said can I come now, now, now? Then the Colonel said okay ... Then the Colonel Jacob arrived with Lieutenant Colonel Sibiya ... they came to the lab ... to a new laboratory at Mayville”
During the meeting, Colonel Jacob accused Setshedi of stealing drugs; Setshedi denied and said he issued a statement in 2022 about the investigation.
“when he came, he said, hey, they are accusing me of stealing drugs. I did not do it. I do not know what they are talking about. Setshedi, what did you say to the guys who came in 2022, the investigation? Then I said to him, I issued a statement”
Colonel Jacob accused Setshedi of planning to go to Port Shepstone; Setshedi denies any plan ever existed and says the only discussion was about guiding Jacob to talk to Colonel Khuwayo about destruction issues.
“There was no plan that I made with you to go to Port Shepstone”
In Setshedi's January 2022 affidavit, he confirms that on 27 October 2021 Colonel Jacob spoke to him about samples brought to the lab and a discussion about fearing break-in to the place where drugs were stored and destruction of exhibits, as well as expediting the process of samples.
“You see, in paragraph 639, there you seem to be confirming parts of Jacob's version because you do say when he spoke to you on the 27th of October, he asked you about samples that had been brought to the lab ... he explained that he feared that people were going to break into the place where the drugs were stored, and he asked about the destruction of exhibits... and him wanting that process to be expedited”
Setshedi clarifies that the discussion on 27 October was about samples and their weight, not about destruction of 549 kilograms seized drugs, which he only knew about on 21 January 2022.
“The discussion was about, it was not about ... because the 549, I knew in 022, the 21st of January. So, on the 27th, he was talking about samples, I was advising him about weight”
Colonel Jacob asked if destroying exhibits would affect the case, and Setshedi advised it would not, referring to samples brought to the lab for analysis of weight and count of exhibits.
“he asked if destroying the exhibit will not affect the case ... the analyst who will be doing the analysis of the case will need the actual exhibits to determine the weight ... and weigh a certain number from the exhibits”
Setshedi admits he knew samples were brought to the Forensic Science Laboratory (FSL) but never asked Colonel Jacob what those samples were, despite knowing such samples should not have been brought there.
“he was asking about samples that had been brought to FS L ... I have never asked him ... I did not have that discussion”
The laboratory (FSL) did not have storage capacity for 541 kilograms of cocaine, so the procedures involved calling a supervisor to arrange storage and possibly moving items to Pretoria if space was inadequate.
“C o m m i s s i o n e r, a l s o , m e a s a C l a n d e s t i n e L a b o r a t o r y, i f I h a v e a l a r g e q u a n t i t y o f e x h i b i t s , I w i l l c a l l m y S u p e r v i s o r w h i l e I a m o n t h e s c e n e a n d t h e n m y S u p e r v i s o r w i l l s t a r t a r r a n g e m e n t s f o r s t o r a g e . I f t h e s t o r a g e , t h e l a b d o e s n o t10 h a v e t h e s p a c e , t h e n t h e S u p e r v i s o r w i l l s a y t o m e , n o , y o u n e e d t o g o t o P r e t o r i a . Th e n w e s t a r t p r e p a r a t i o n f o r t h a t . T h e n a f t e r p r o c e s s i n g t h e s c e n e , t h e n w e t a k e e v e r y t h i n g t o P r e t o r i a .”
On October 27, 2021, Warrant Officer Setshedi informed LT-COL SONGCA about a conversation with Lieutenant Colonel Jacob of DPCI, who usually works with him.
“On this day, Warrant Officer Setshedi, around 11:20, he called me and he informed me that he had a conversation with Lieutenant Colonel Jacob of DPCI, who I usually work with him also”
Warrant Officer Setshedi communicated with Lt Colonel Jacob about whether a case sampled by DPCI and forwarded to the FSL lab for analysis could be analyzed by one of the crime scene analysts, meaning his team members could assist.
“Warrant Officer Setshedi informed me that there was Lieutenant Colonel Jacob early this morning and Lieutenant Colonel Jacob asked him if it is possible that the case that the DPCI sampled and forwarded to FSL lab for analysis could be analysed by one of the crime scene analysts, which means on those words, he was meaning my team members, can assists”
The procedural norm is that the investigating officer does not pick the analyst to analyze a case; the case was directly brought to the lab and was already within the FSL system, outside the clan lab's restrictions.
“I responded to Warrant Officer Setshedi that procedurally, the IO do not pick up the analyst to analyse a case. And secondly, this case that Lieutenant Colonel Jacob was referring to was the case that was brought directly to the lab. So it was already within the FSL system, which is out of my restriction as a clan lab. So they indicated to Warrant Officer Setshedi that procedurally, investigating officer, they do not pick an analyst to analyse a case and that will not be done, and that was then.”
The witness received a telephone call from Colonel Jacob on 11 May requesting to speak to Warrant Officer Setshedi and asking about the statement Setshedi made when the investigating officer came.
“On the 11th of May, I received a telephone call from Colonel Jacob and he requested from me to speak to Warrant Officer Setshedi and see what did he write on his statement. And I said, what do you want to know from Warrant Officer Setshedi? He said, I just want to remind myself, my apology, of what Warrant Officer Setshedi wrote while the investigating officer came.”
The questions Colonel Jacob asked pertained to destruction, which is outside the matter of Warrant Officer Setshedi; the witness, as Setshedi's commander, is not involved in destruction or case management and does not understand why Jacob wanted to know about those matters.
“But when I read these questions, it is what asking about destruction, which is out of Setshedi's matter. Then I said, Colonel, these questions are awkward for Setshedi. I do not know why Colonel Jacob wants to discuss such questions because these operational questions, which also myself as his Commander is not involved. I am not involved in destruction. I am not involved about case management.”
Colonel Jacob persistently called to see Warrant Officer Setshedi to remind himself of what Setshedi said in his statement; Setshedi was not in the office on the 20th and 21st May due to police college attendance.
“Then on the 19th, he called me again. The 19th of May, he called me again, insisting, Colonel, please, can I see Warrant Officer Setshedi? I wanted to remind myself, what did he say in his statement? I said, Warrant Officer Setshedi is in the office today, but 20th and the 21st, he will not be in the office because he is doing the police, what we call it, after the college.”
Warrant Officer Setshedi could only recall what had been communicated about his statement and was unable to remember details requested by Colonel Jacob.
“Warrant Officer Setshedi is a said, this is all we have communicated about and this is all I know ... this is all I know, Colonel, nothing more about that”
Colonel Jacob was insistent on meeting Warrant Officer Setshedi and was furious when Setshedi could not recall what he wanted him to remember.
“So that was a little bit concerning to me because he was continuously persisting to meet with Setshedi... He was really furious that Setshedi is supposed to remember something”
Warrant Officer Setshedi did not report being intimidated during the January 2022 Port Shepstone theft investigation.
“During the meeting of the 19th of May, did Warrant Officer Setshedi say anything about him being intimidated by the investigators of the Port Shepstone theft in January, 2022?... No, Counsellor”
Colonel Khuzwayo does not know about a conversation on 27 October 2021 involving Warrant Officer Setshedi as recounted in paragraph 14 of the document.
“this is where it all gets confusing. And then paragraph 14 is not really you, but here here counts what happened on the 27th of October 021 and his conversation with Warrant Officer Setshedi. You would not know anything about that ?”
Warrant Officer Setshedi indicated needing about 7 bricks of cocaine from the seized exhibits for analysis and reiterated that Forensic Science Lab in Amamzimtoti does not have space to store the exhibits, requiring additional cocaine to be obtained.
“Warrant Officer Setshedi indicated that he needed approximately 7 bricks of cocaine from the exhibits seized. He further reiterated that FSL does not have space to store the exhibits. The IO had arranged with FSL that additional bricks of cocaine from Port Shepstone could be obtained during the week of 5 November 2021”